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u.i. /. of Calif.
Berkeley
NOV 3 1964
/. of Calif.
Berkeley
NOV 3 19P4
Neptune to the C o m m o n-w e a l t h
of England.
(O
OF Thee (great State ! ) the God of Waves
In equal wrongSjaffiftancc crave's,
defend thy fcif and raee :
ForifoVe Seas there bcc nofway.
My Godhead clean is tane away,
the Scepter pliickt from thee.
Such as o're SeJft all fovcreigntie oppofe
Tkough fccming fricnds^to both arc truly foes.
(O
Nor can 1 think my fuit is vain,
That Land the Sea (hould now maintain,
fincc retribution's due:
And England hath great wealth poflcll
By Sea's accefs, and thereby bleft
with plenties not a itvs:
Whichjnext the virtue of thy watchful eies.
Will her (ecure from forein miferies.
(3)
Thy great endeavors to encreaf
The Marine power, do confefs
thou aft*ft fom great defign.
Which had Seventh Henrie don, before
Columbus lanch'd from Spanifti (hore ,
the Indies had been thine.
Yet do thy Seas thofe Indian Mines excel!
Jn riches far : the BelgUns know it well.
(4)
I
What wealth or glorie may arife
By the North- Weft dilcover^s
is due unto thy care.
Th' adopting them with Englifh names.
The greatneft of thy mindc proclaim'»,
and what thy aftions are.
New Seas thou gain*ftj& to the antient FOUR.
By E(/g<ir left, thou addeft many more,
(O
If little Venice bring's alone
Such waves to her fubjc^ion
as in the Gulf do fiir;
What then (hould great Britannia pleaQ
But rule as Ladie o'rc all Teas,
and thou as Queen of her.
For Sea- Dominion may as well bee gain'd
By new acquefts, as by defcent maintain'd.
(«)
Go on (great State!) and make it known
Thou never wilt forfake thine own,
nor from thy purpofc dart:
But that thou wilt thy power dilate ,
Since Narrow Seas are found too ftraight
For thy capacious heart.
So (hall thy rule, and mine, have large extent ;
Yet not fo large, as juft, and permanent.
KActpefl£//.o^7©L*,'
^:^^
'^
Of the
DOMtNION,
Or,
Ov^nerfhip of the S E A,
Two BOOKS.
■ "■ — ' ~ ~" "^- ' '" *" — '•"~" — - I.I,, . ^
IfttheViT^srislherv'djthatth^S^AyBytheLAyw Of Nature, ^r Nati-
on s -^ /7^/ common to all nienj?ut capM of Pr I vat e Do minion $r PrO'
prtetie^ asrveias the Land.
Jnth6 Second is proved, that the Dominion ef the BRlritn Si a ^ or that
which ificompaffeth the I/Ie ef Gkl at Bkitm^^^ is, and ever hath been^ a
Part or Appendant of the Empire of that ijland,
Writen at firft in Latin, and Entitulcd,
MARE C LAUSUM
T^t Dominio Maris y
By JOHN jvyELDEN, Efquire.
Tranllatcd into Englijh • arid fee forth with fom Additional
Evidences and Difcourfoj
By MA'KCHAMONT N E V H A M.
Publifhed by fpecial Command.
-'-J.
L 0 N D 0 S,
Printed by V/iUum VM-GarJ-, by the appoinrment of the Council of State : and are to bee fold it the
Sign of the Ship at zhc Sew-Exchings. Anm Domini 1652.
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TO
The Supreme Autoritie
OF
THE NATION,
The Parlament of the Cotn^
moivwealth of £ JA(J/ Z. / ^©.
{%ight Honorahle'l)
Should not have prefumed
thus , in the mid'ft of fo
.many great affairs, to prefs
into your prefence, did. I
not bring a Prefentinmy
hand moft worthie of your
acceptance^ It is that Learned and
elaborate Work , entituled MARE
CLAUSUM . A Piece fo fully vindica.
ting your Right of Soveraigntie over the
Seas^ by the cleareft evidences of Reafon^
and Record from all Antiquitie , that it
A i {land's
3G3912
} l\»
7/?^ 6*pi/?/(? Dedicatorie.
ftand's more impregnable againrt the Pens,
than the llland it felf againll the Attempts
of Forein Nations. It was written Ori-
ginally in Latin, for the alTerting of this
Right before all the world; and how they
have been convinced by it, appeal's hi-
therto by the univerfal Admiration that at-
tend's it : But confidering what pitie it was^
that fo rare a Jewel as this , which hath
drawn the envie of fom few, but the Ap-
probation of All, fliould lie fo long locJa
up in a Language unknown to thegreateft
part of that Nation whom it moft con-
cern's I and how neceflTarie it is, in this
^prefent Jundure, to let the People have
a clear underftanding of their neareft inte^
reftj and how that Right hath been re cei>
ved in all Ages, which a ftrange People in
this latter Age have been bold to under-
mine ^ it was judged very requifite to un-
lock the Cabinet, and expofe the Jewel
to the view of the whole Nation, that they
may prize it, and apprehend not oncly
their own Interefts and Concernments ,
but how far wee and our Pofteritie muft
ftand indebted to the name and memorieof
the noble SELVE^
^'^^ As
T^he EpiHle Dedicatorie.
As formyfelf, though it bee accounted
one of the meaneft Services to Tranflate j
yet when I confulted with my own
Thoughts , which way I might beftex-
prefs my dutie and affedlion to your prefent
Cauf, andconfider'd, that httle could bee
faid or colled:ed upon this fubjedt of the
Sea, which is not abundantly fet forth in
this irrefragable Treatife , I conceived it a
Task of no lefs importance than difficult
tie. And now it is don, if it were well don>
I (hould believ my felf to have atteined
no fmall happinefs, in having my nanac
any way related to the Learned Autor ;
who iKal! ever live like himfelf in this ex-
cellent Book, as long as there is any memo-
ric of Britain, or of the Sea that flow's
about it.
It was a work begun (it feem's) in the
Reign o(Kinzfames , and then^aid afide
again for above fixteen years j but after-
wards revived, alter'd, and enlarged by
the Learned Autor ("as hee faith in his Epi- AovJU^rA^
ftle^ at the command of the late Tyrant ^ u^^ a^ JU^^
And as it was written for him, fo it was de- V^i^^l^^^**^
dicated to him, as beeingfuppofed one who j^*^^^!^
was, or ought to have been, a fit Patron ^^^^^"^ ^
/ c^r^- of
The Epijlle Vedicatorie.
of the Dominion here afferted : However,
this 1 finde, that as hee feemcd , by his na-^
val Preparations in the year idj5, to refent
the many injurious iifurpations of our un-
ruly Neighbors, and did in words alfo ftre-
nuoufly affert the Jurifdiclion at Sea ; fo
hee fct a value upon this Book, as it's main
Evidence : and in the \z year of his Reign
it was upon his fpecial command, delivered
by the hands of Sir William "Beecher ( one
of the Clerks of his Council) to the Barons
of the Exchequer in open Court; and by
immediate Order of that Court, it was pla-
ced among their publick Records, where it
remain's to this day. Now, had hee per-
fitted with the fame firm refolution in this
honorable bufinefs of the Sea, as hee did in
other things, that Were deftrudtive to the
Nation's intereft , the !J\(etherlanders had
been prevented from fpihning out their
long opportunitic to an imaginarie Claim
of Prefcription * fo that they would have
^-^^tLa'^k had lefs Pretence toA(5l thofe Infolencies
•^•4^*. ^- now, which in former times never durll
'^ enter the Thoughts of their PrcdeceiTors.
The truth is, too much eafinefs and indul^
gence to the Fathers and Grand-fathers of
the
^.
^hSpifile T>edicatohe.
the prefentGcneratioft, wasthe firftoccafi-
on of elevating them to ihis height of
Confidence, in prefsing upon the Seas of
England: For, \vhoknow*snot with what
tendcrnefs^ and upon what terms,they were
firft taken into the bofom of Qij^en £*//-
faheth ? yet they were no fooner warm,
but they fliew'd their fting, and proved the
onely great vexation ( becauf deceitful
friends} to that excellent Ladie , who, in
ihofe Infant-daies,was both Mother and
Nurf of their ungrateful Republick. Too
much of the fame teiidernefs was cxprelTed
afterward by King^^f^^j, becauf ("as in
the former Reign,fo in his) it was counted
Reafon of State to permit them to thrive ^
but they turning that favorable Permifsion
into a Licentious Ertcroaching beyond due
Limits, put the King to a world of Trou-
ble and Charge, byAmbafsies and other-*-
wife, to affert his ovvn intereft, anddifput^
theiti into a reafonable fubmifsion to thofe
Rights which had been received before as
indifputable by all the Woirid. For the truth
whereof, lalii bold to refer your Honors
to the Memorials of feveral Tranfaclions
in thofe daies^ which I have added at the
Caz) end
The ififtle Dedicatork.
end of this Book; and for wliich 1 (land
indebted ("as I am alfo for many other Fa-
vors) to a l^ght honorable Member of* your
own great Affembly. By the fame alfo
it will appear, how this People perceiving
that King to bee of a temper difpofed to ufe
no other arguments but words, held him in
play with words again^ and while they tri-
fled out his Reign in Debates and Trea-
ties, carried on their defign ftill tofuch;a
height, by a coUufion of Agencies and
Ventilations to and agen, and a daily iA-'
trufion upon the Territorie by Sea, that in
time they durft plead and print <^5\dnre £lf-
herum ; and after his Son Churls czmt'io
the Grown, they in effedl made it fo : For,
though hee were not ignorant of his own
Right, as appears by his efteem of this
BooJc^ his Preparations, and Proclamation
for ^ftraint of Fifhing without LiceMk,
&c. Yet hee never made any farther ufe
of them, than to milk away the SubjeS^s
monie under pretence of building Ships
to maintein his Autoritie by Sea ^ whicK
end of his beeing ferved, hee immediately
let fall the profecution of what hee preten-
ded : So that through the over-much eafil
■^ ^" '"^^ ncis
The Eptslle T)edicatorte.
nefs and indulgence of preceding Princesi
they in a fliort time arrived to fo loftie a
Prefumption, as to feem to forget and que-
ilion, and now at length, by moft perfidi-
ous adings, to defie the Dominion of
England over the Sea.
Thefe things beeing confider'd , it was
fuppofed this Tranilation (it beeing a no-
ble Plea averting that Dominion^ would
bee a very feafonable Service ; which
("how poorly focver it bee apparel'd in our
Englijh drefs } is bold to lay Claim unto
your Honors as its proper Patrons^ concei-
ving it ought to bee no lefs under your Pro-
tection than the Sea it felf: And therefore
let mee have leav here (* without Flatterie
or Vanitie} to fay, though in other things
I may injure the eminent Autor, yet in
this hee will bee a Gainer, that his Book
is now fain under a more noble Patronage,
in the tuition of fuch heroick Patriots, who,
obferving the errors and defeats of former
Rulers, are refolved to fee our Sea-Territo-
rie as bravely mainteined by the Sword, as
it is by his Learned Pen. It is a gallant
fight to fee the S)J?or^and Ten in vidorious
Equipage together; For, this fubdue's the
("b) fouls
/T' l r .4> * X ^
fir V r 4^ \ X ^
The Bpifile T)edicatorie.
fouls of men by Reafon , that onely their
bodies by force. The Ten it is which Una-
nifeft*s the Right of Thitigs ; ahdwlten
that is once cleared, it give's fpurs to refolu-
tion, becauf men are never raifed to fo high
a pitch of adtion , as when they are per-
fwadcd, that they engage in a righteous
cauf • according to that old Verficle^"! '^rii
k ^'^^^^Pramh & attollit yins in <SMHi^
*^"^ VV^herefore feeing you ( T{ight Honofa^
' hle!^ have had fo frequent experience of the
^tfuth of this in our late Wars, wherein the
Ten Militant hath had as many {harp ran-
^counters as the 5)3?<?r^,and born away as ma-
ny Trophies from home-bred Enemies in
^t)rofecution of your moft righteous cauf
by Land , certainly you will yield it no lefs
iieceflfarie for the Inftrudlion of thisgene-
,^f6tis and ingenious people, in vindicating
.' youV jtift Rights by Sea, againft the vain
rretences and Projects of encroaching
*" Ij^eiglibors. \ Fof ^ what tirue €nglijh heart
'^\Vi11 not fwell, wheti It ft\all bee made clear
^;aiidtvident(as in thisBcKyk) that the^ove-
raignrie
njr-:w^ - ..^Cij^
TheSpiJlle Dedicatorie.
raigntic of the Seas flowing about this I-
fland, hath, in all times, whereof there re-
main's any written Teftinionie, both be-
fore the old 2^ow^« Invafion andfince, un-
der every Revolution, down to the prefenc
Age, been held and acknowledged by all
the world, as an infeparable appendant of
the Britifli Empire ^ And that by virtue
thereof the Kings of England fuccefsively
have had the Soveraign Guard of the Seas •
That they have impofed Taxes and Tri-
butes upon all fliips pafsing and fifhing
therein- That they have obftruded and
,i),peivd the pafTage thereof to ftrangers , at
siheir own pleafure , and don all other
things that may teftifie an abfolute Sea-
Dominion; What Engltjh heart ("I fay)
can confider thefe things ,1 together with
the late Actings of the 3\(€therlanders ^ fee
forth inyoMv puhlick^ T)ecUrationy and not
bee inflamed with an indignation anfwcra-
<ibfeto their Infolence; That thefe People
riaifed out of the duft at fijrfl: into a ftate o^
Libertie, and at length to an high degree of
rl^ower and Felkitie, by the Arms and Be-
nevoknceof £^«i^/4«i/; or that they, who
in times paft diirft never enter our iSef3 to
:';^n:»^L':: (bi) touch
7he Spijlfe i)edtcatorie.
touch ^ Mehing^ without Licence firlVob^^'
reined by Petition from the Govern(!)^>of
Scarborough -CaAlc, fhould now prefume to
invade them with armed Fleets , and by a
moft unjuft war bid defiance tothellnited^
Powers of thefe three Nations ( Had they
dared to do this in the daies of our Kings, I
fuppofe, they ("even the worflof the) would
have checkt and chaftifed them with a Re-^
folution fuitable to their monftrous Ingrati-
tude- For,however fom of them were whol-
ly bulled in vexing and undermining the
people s Liberties at home, yet they were
all very jealous of the Rights and Interefts
of the Nation at Sea ; and good reafon they
had for it, fince without the maintenance
of a Soveraigntie there, the Ifland it felf had
been but a great Prifon, and themfelvs and
the Natives but fo many Captives and
VafTals to their Neighbors round about;
not fo much fecluded^ as excluded frotn all
the world befide. Upon this ground it
was, thatKings ever conceived and main,
teined themfelvs as much Monarchs by
Sea as by Land; and the fame you will finde
here was received by all other States and
Princes , the Land and Water that fur-
' round's
The EpiHle f)edtcatorie. -s
round's it, making one entire Bpdic and
Tcrricoric. Moreover, our own Munici-
pal Conftitutions every where declare the
f^me, as may bee feen by the feveral Pre-
lldents and Proceedings thereunto relating-
which manifeftly {hew,that by the Comon
Law of the Land, our Kings were Proprie-
tarie Lords of our Seas- That the Seas of
£wg"/, were ever under theLegiance of our
Kings, and they foveraign Confervators^
of the peace as well upon the Sea as Land.
ISlow therefore (^ght honorable /) when
I look upon you , and behold you more
highly intruded than Kings^ and far more
nobly adorned upon a better Ground than
they were, with all the Rights, Interefts,
and Privileges of the People ; when I con-
fider how God hath wrefted the Sword out
of their hands, and placed it in yours for
our Protedion, with the Confervation of
our Peace and Liberties, and made you the
happie Inftruments of freeing us from the
yoke of Kings ; When I call to minde,
how nobly you aflerted the Rights of Eng^
/^Wagainft Domeftick Tyrannie^ upon the
;iieck of the late King, and laid the founda-
tion of onr Freedom upon the higheft Adt
CO ^f
The Epijll^ Dedicatorie.
of Juftice (when Juftice fat more glorioufl)?
imhroned than ever it did before on lany
earthly Tribunal ) I am raifed with more
than orditiarie confidence, that the fame
Spirit of Juftice, which aded you in your
former atchievments, foroureftabliflimenc
by Land, againft him and his pofteritie,will
Carrie you on (as you have begun ^ with
the like zeal and magnanimitie, to vindicate
thofe Rights by Sea, againft all Forein vio-
lations and invafions. It is your honor,
that God hath made you Founders of the
moft famous and potent Republick this day
in the world; and your fejicitie, that all
your Enemies have no other Ground of
quarrel, but that you are a Republick : For,
though thefe 3^therlanders fpeak n not out
in words, yet they have often told you fo in
behaviour ; not onely as they faw a barba-
rous ftab given you in the perfon oiY)' T)o:^
ri//^, yet let flip the Murthcrers by delate,
(the States>General not having iffued out
fo much as a warrant for their apprehends
on } but after, in neglecfting, flighting and
flender protedting (to fay no more^ of your
•two AmbalTadors, and at length in the
louder language of th^ Cannon, during a
t^ > ) Treatie
The E^ifik W^edicMme*
YTreatie of Peace fori? ^^ore ftridt League
and Union ; when Trom^ proclaimed to all
th« world, that their infamous defign was
by Treacherie to furprife and deftroy our
Fleets at Sea ;, which ( to ufe your own
language)are, under (jod^ the IVallsand ^ul^
vsarl^s of this 3\(ation. It is not my bufincfs
here ^to recite their many unkindneflTes
throughout the late wars , their defigned
protradting them by a mifchievous under-'
hand-fiding and fupplying the publickE'
nemie^ together with the many indignities,
affronts, injuries , and intolerable provoca-
tions, both before and fince your fettHng
in a State of Freedom. That egregious at-*
tciiipt upon your Shipping, under pretence
of a friendly falutation, con fider'd in all its
Circumftances, m^yfervin ftead of all, it
bceing indeed fuch a Barbarifm , that the
world cannot parallel, and none but them-
felvs would have adted ; And therefore wee
may the lefs wonder at their denying it
when don , fince the owning muft have
rendred them and their prcfent enterprife
deteftable to the Nations. Nor is it any
great marvel, that after the many matchlefs
affronts given you, when your Honors out
m -^ (c i) of
of a Chriftian inclination to Peace, were>
pleafed to over-pafs them all , and in your
Anfwer of the Z5 of y«;^^ to their AmbalTa-,i
dors, to declare notwithftanding, thac^iG
you might have fatisfaclion for the Charges
they put you to in that Summer's Prepara-
tionSj and Securitie for time to com by both
States contradling a firm Alliance,you were
' readie to fet an end to the prefeni differen-
ces (it is no marvel, I fay, after fo great con-
defcenfion onyouf part) they lliould chufe.
War rather than Peace, fince it now ap-
pear's they had War in their hearts from the
very begining, and ftood refolved to propa-
ga^ their ambitious ends by wsies of vio-
lence, and beCom yet more unjuft , rather
than do any thing, though never foreafo-
nable , that might feem to import an ac-_,
knowledgment of their late injuflice. And
to the end that 6]«g/^r/^ may have a true tafte
of their iiitentions^ it is well worthie confi-
deration, that as they have refufedtogive
anyrcafonablefatisfadionorfecuntie, and
with a brazen-front out-face the matter in
their publick Af^wi/eff, declaring therein,
That they mil neyer lay doi»n arms fe long as
youJl^erthecoHrfyouannowtn^ fo by con-
^^ fequence
The Epijile Dedicatorie.
fequencc they feem refolved never- to admit
Peace, but upon fuch terms as are inconfi-
ftent with your Honor and Intereft , and
fix ihemfelvs ("as long as they To continue^
in an kreconcileable cnmitic to the Good of
our Nation , In Cafes of this nature,whea
jAdve^'faries place themfelvs at an unreafo-
nable diftance , there is no fecuritie for a
State, but in a ftridl Bent to its own Inte-
reft; nor any thing more dangerous than
Middle-Counfels , while an Enemie ftand*s
out upon extremities ; And what greater
extremitie than to invade a Neighbor*sTer>
ritorie, and profecute the Invafion by a de-^'
fign of Conqueft : The Sea is indeed yourl
Territorie no lefs than the Land • It hathf"
been held fo by all Nations, as unqueftio^'
nably fubjedljUnder every Alteration of Go>
vernment, to theni that have enjoied the
Dominion by Land ; fo that the !^{ether'-
landers having entered your Scas^in defiance^
of your Power, are as abfolute Invaders^as if'
they had enter'd the Ifland it felf. It is juft^
as^if Hannibal were again in Italy, or Charls-
Stuart at Jf^orcejier-^and the late affront given
near T)over^\Y2iS like the one*s braving it be-
fore the walls of "^ome , and as if the other^^
had com and knockt at the gates of London^, •
or rather at your very Chamber-doOr ; for,
- Cd; that
'-'^iW'^pytle 'Vedkatorte.
M^^^-^^^h^it infolent A(5t Was don in. rfratlpUq^i,
i^o^w tt^^ which our Kings heretofore were wont to
<\i\c(m, call and account their C^^/w/'^r. How nearly
01 ^iv: \ thefc things touch the honor of your Selvs
-o^omvc - and the Nation, is well apprehendcdiJ^
hioiod your faithful friends, who have been very
Lnsl^f amply inllruaed and quickned by your
ihr/Bi o) publick Veclaration : And it is their excee-
vho%i Oi.ding Joie, while they fee you ading and en,
£ bn£ J gagmg upon juft and honorable Grounds,
-gibnrgi to make good that Right and Reputation
-idIU bl which you have received as inviolable fr^m
n33d i^^\ our Anceftors. For ^ it hath been their
b^diji ,2! great fatisfadtion toobferv, withwhat ex-
aDBDTb^xellentcxprefsions you acquit your felvs,
di£!DidY3 when, ftating the cafe of this Quarrel, you
-Db blow make it known, wth vphat o^eFiwn and cm^
ada hn\t ftancie you have labofdfor the friendjhip of the
s b^muV: ZJnited Trovinces ^ how carefully you have
adorjrfg avoided all differences, andoccafionsof a 'xioarr
-i J[ jnsh* hefvpeen the d^tions-^yet that all Overtures of
fifiol 3d) caJmitie and nearejl Alliance haye been reje^
njsvbfiL Bed'^ and hon^thatinfteadof giyingfatisfaBi^
QD li^dn on for all the injuries they haye donyou^ nothing
b^i£3i ^y -should fatisfie them ^ unlefs you Jhould quietly
aloqmi o and tamely have laid your fehs dowh at the
feet of thoje who have thus endeavored to ru^
uoj?.&(} ine you ^ or unlefs you jhould have hetrai^
^£0g tiTsdjiinto thofe hands the %ights and Safe^
:hu{ ni^3DiiJu(-y6 /onoii lo erai^J noqu.uoY ^ ^^olie
onob lliv/ no^(8£)bn£fi'i3bnuY^mn3ni J£dj^^£v/B
Cgnoiv/ (i b)
.^n^n'^I he Sptjile T)edicatoru.
fi^»f(\h7^eof>le of this 3^tion : So tbatbeemg compeL
4i(bmd^^C^tated into a mojl unxi>elcomvpar begun upon
'^\x$>%n;^m'\ifoh to ufe fuch^isai^ npherey^ith
^^^fbatiinable yoUyto defend your Jehs^ and thereby to
igi/Ji ikitjuH UtisfaBion and fecurttiey which cannot o-
^bermfebee had. Ki^y you ever pcrfift in this heroick
Refolution^as to do no wrong to any , fo to defend
your own Rights againft all that fliall dare to ravifli
them 5 May you alwaies have an ear open to receiv
full Satisfadion and Securitie, when offer'd, and a
iicurt nobly enJdndled with a magnanimous indig-
r/iation, to retort violence in the faces of bold Ufar-
persand Invaders, Had the SIVether/anders hQcn
-content to keep within their proper Bounds, it had
been (till our Intcreft(^as of old^ to have had Peace
. with theni above otherNations^but fince they break
- out like an Inundation, and with a drawn Sword de-
sclare prodigious Principles of Enmitie againft the
Rights and Liberties of England, it is prefumed a
• tiling unqueftionable,that due Defences ought to be
made, till they bee reduced within their antientLi-
tnits: For ^if they (liould bee permitted intheleaft
- to Lord it at Sea ; as they want not will and advan-
^^tages ^ aud have given you experience of their en-
t^croaching and ambitious temper, fo it s to bee feared
: they would bee ever feeking opportunitie,to impofe
a Lord upon you by Land. , ^ %-i^\
^\i May you go on therefore('^^/)f honorable !)a.s you
have beguU;, and do,and the God of Heaven go a-
V^long w'** you,upon terms of honor & Juftice,in fuch
away^that men may underftand(as you will do no
' (d i) wrong)
The Spijlle Vedicaiorie.
\vrong)at what rate they muft offend you. Not one-
ly our eies.but the eies of all the world, are fixt upon
the carriage and conducl of this noble cnterprife by
Sea- when you have acquitted your felvs there , as
no doubt you will do,having alrcadie given the fam^^
demonftrations of wifdom and courage that yotl^
have don by Land,yourWars(through God's blef^
(ing) will at once bee ended;lt will draw fuch a reve-
rence & repute to your affairs, that men will beware
how they provoke you,and your woril: enemies de-
fpair of any future opportunitie. The late Engagc-r
ments & Succeffes of your Fleets at Sea have ftiewn^'
that the great God hath owned you there; That hee
hath not left you deflitute of means ; That the old
Engltfh bloud & fenf of honor,run's flill in the veint^:
of your Sea-men ; and thereby given you to under-
ftand^ that hee who hath appeared fo glorioufly for
youjin the midft of wondrous difficulties, by Land,f
willalfo manifef^his wonders in the Deep,to make £
final Accomplifhment of the good Work by Sea j
and beeinghimfelf alone inveftedwith theabfolute
Soveraigntie of Sea & Land,bee pleafed to continue
you and your Succcffors his Lievtenants in both, for
the etlablilKment of this Common- wealth, in a pie-
narie poffefsion of its Rights and Liberties to all Po.
ftcritie. I am in my praicrs and endeavors
1 \ CKIGHt: HONOKABLEl)
Your Uonor'smoft humble, and
November 19. 1652. faithful Servant
Marchamont !I\(edham^
(loqM JxR oir, .bh< )fb J£jd.?.!ji^iuo vl
THE
^•ih P^
AUTHORS
PREFACE
3n97
rh V/Of(
6 ?Jnofn
lUO>f^O
b
ntr/
Ow ^/j/VTg-x f/?^r^ are that I
thoughtjit here to forewarn the
%eader ^part vphereof may bee
necejjarie even for thofe who are
in other things very well miXioiii,
JlruBed. The rejl li^wi/e not unprofitable f of ^^^f'
them^ who y while they falute ^oo\$ by theway^'^^^^ '" ^
are wont through acujlomarie vice of temeritiB^^^^^^'"-'^
to jlumble in the verie Threfhold, Thofe thin^s^ ^^^ ^'
concern either the place of fuch Tefiimonies ^ ^^ft-
as ard'^ alleged^ or fom Qircumjlances of the
Sea^T>ominion which is proved ^ or the Title
of the lVor\. Among Testimonies , hefides
fuckas are in 'Vrint^ and Manufcripts referved
in private men's Libraries ^ there are not a few
CO (ejpecially^ i i^r«,i,v
*5bh-i^
liifiri)i£
«S^v:V\iCv^ ^SlOl^xJi^dw^
The Author's Preface.
(efpeciallj in the fecond Book) brought out of
^^ecords or publicly Adonuments^ whoje credit I
fuppofe eyerj indifferent fudg of matters mil,
i^ffd""'''^ owc^ the "" Senate of Komt didy allo'W better
deProbati- ^/^^^ Other jVitneffes (at leaU if there bee any
onibus. J' y / // ^/ r 11
difference) and therefore jull. Thoje ivhtch
lie in private men's Libraries , you mil pnde
yphere they are l^ept^ in the Margin : If omitted
there, they are in my omi. l^ut as to the Te^
flimonies taken often out ofpublick^^ecordsjom
li^emfe have the Place either of the Jrchive or
Rolls, or the name of the ^R^ecord-l^epefs Of^
fcefo noted in the Margin^that thereby you may
h^ovo immediately iiphere tofnde them, ^ut fom
of thefe %ecords (that are very frequently ci^
ted) haye no place at all, nor any name of the
^^cord^/{eeper exprefed, but the IQng for the
moslpart and the Year, be/ides the name of the
Court^%oll,are only noted. As many as are of this
J^nde, do relate fom to thofe years that pafs be^
tmxt the beginning of the reign of King John
and theendofEdwsLrd the Fourth ^ others to
thofe years that fucceed dovpn to our time. They
n>hich are of the former fort , having no place
nornameofthe^cord^^eeper noted ^ are f^ept
in the Archive of the Tower of hondon-^but thofe
of the latter fort in the Chappel of the Rolls.
It
The Author's Preface.
It had been too flight a matter , to have jigmfied
thm much here to fuch as are acquainted mth
our Englifl) Records ^ becauf by the yery name
of the iourt-^ll (as Rotulorum Patentium,
Kotulorum Clauforum, Rotulorum Parb-
nientariorum, Rotulorum Francis, Vafco-
nias, Alemannix, and others of that kinde,
v^hich are ^R^cords belonging to the Sngli/h
Chancerie) and by the name oftheK^ng^ the
very place alfo of the ^cords is fufficiently
k^ovpn. l)Ut it is neceffarie to premife this in
the firft place ^ as well for thefal^sofmyovpn
Countrte^men y^ho have been Strangers to th^^
Rolls, as in the behalf of Foreiners, to the end
that^ if either of them perhaps have a minde ex^
aBly to confult the Original of any teftimonie
thence alleged, they might, yi^hen the Tlaces are
fo defcribed, the more conveniently do it them^
fehs at their oivn leafure, ifprefent^ or , ifab^
fent^ obtein it by the afiflance of friends^ For,
the R^cord-^/^epers (who have a Jpecial care to
preferv them f^fely') do ufually give admit--
tance, at feafonable hours, to all thatpleafto
con[ult them, and have them fo placed (as'^JM- '^l^l]'^f,^^^^
Sunmy commanded concerning the ^B^ords of^^-
the Empire^ ^rs 39 ji,T\oi> ivpiTicsod^ r^j^'^ ruv
km^vYdnw^ that they may eafily bee found by'
them that fearch. C^ 0 As
The Author's Preface.
As to y^hat concern's the a for ef aid circum-
(lances of SeafDomimon y whereas there are
two Tropojttwns here (fo far as the term may
bee born tn things of a ciyt I nature) made evi-
dent-^ The one. That the Sea, by the Law
of Nature or Nations, is not common to
allmen,but capable of private Dominion or
proprietie as well as the Land- The other.
That the King of C^reat "Britain is Lord of
the Sea flowing about, as an infeparable and
perpetual Appendant of the Britifli Einj-
pire • it is not to bee conceived , that any other
k^nde either ofCaufes or SffeBs ofSea-fDominion
are here admitted^ thanfuch (uhaye been of the
Dominion of an Ifland, Continent^ Tort^ or any
other Territorie vphatfoever or Province, which
is wont to bee reckoned in the T^yal "Vatrimonie
of Princes. 3\(or that a lef T)ominion ofth e
Sea than of the Landjjs derived from the nature
of the Law received among V^tions about the
acquiring ofVominion and of fujlice it felf as
from the Cau/es ^ nor that the Ejfe&s thereof
are any other than what are yarioufly fub^
Jervient to QompaBs , Jgreements , Leagues
and Treaties , Qonflitutions or Trefcriptions
offervitudes, and other things of that nature
in the fame manner as the effeBs of Dominion
* hy
The Author's Preface.
hy Land. lAnd therefore I hee faid rpell ,0
ofold^ ^^^^^* ^^
Nuncjam cefsft Pontus, & Omnes
Paticur leges ^
Xt)e ^ea s^ notb mane appropriate,
:arrti j>i0itfs to an tfte Haas of ftate.
7 hat is to fay , all vphich are admitted in any
other hinde of Territories^ according to the dif.
jerence of things^ ferfons^ times ^ and the Lai^
of iVar and 'teace. (^nd fo Valerius to the
Emperor Tiberius, The confent of men
and ^ods^ faith ^ hee, would have the regi-
ment of Sea and Land bee in thy power.
There are other Tajfages of the fame kinde
in antient Authors^ vphereby the T>omi^
nion of Land and Sea is fo conjoined , that
they v^ould by no means haye it divided in
refpeB of each other , or that either the ef
fe'cis or caufes of the Dominion of this
jhould bee different from that of the 0^
ther, ^ut this ^ I fuppofe , is fufficiently
manifeU to the more intelligent fort of men,
without any Jdyertifement • though it bee necef
farie for fuch as too rafoly , mthout any regard
(/; had
^ Prologo.
^ i
The Author's Preface.
hadlo the interpo(itian of Leagues and Treat ^es^,.
Agreement^ or Law^ dare boldly affirrrr Jem^,
times y that the caufof Sea/Domtnion foiff^
Jifis oney in the Jlrength of povi^erful Fleets^ ^
« videfis fomtimes alfb of fuch as belom to ' Ttrates •
inpiacit. hiit the eJfeB tH rejlraiuing all othcrs fimpl) aud
torn. 2. pae. ^ ^ , '//
260. perpetually.
'[But tlot Title o^the ^ool^need's a defence aL
fo amongfom^ whofe palate I hear it doth not
pleafvery y^ell. They vpould not harpe ^ forfooth^^
the Msre Claufum here handled^ as an ajftr^
tion of the Dominion of the Sea y hut to denote
the time 'Vpherein the Seas'Vperefaidtohee fhut
or clofed by theJntientSyOs not ft for HSfayigat't^
( vegctius, ^^- E'^^T^J ^^^ k^oWSythatfrom the third of the
t^vib'^'' W^j of ^ November until the fixt of the Ides
cap 3 9 . o^M arch-, or betmxtjom other * beginning and
dena'iifra- ' ending ofjuch a f^tnde ofwinterfeajon^ the SMi
dteod.i'n* y^as^ and was fo called ^ heretofore Claufuni'
dc R Na^.' ^^^'f^fon, it MP as called Apertuni £)p0n, that
ii,ii- II. is to fay ^ more apt and convenient for /hipping.
h Ad Qnin- According to y^bich fenfit n?asfaid by ^ Cicero^
rrcra, lib' 2. y^hile hee Vpas in exfpeBation of Letters from his
^p^^^-5- , brother Quin(5lus; Adhuc Claufum Mare
fGiofuiiTe, 3 i^ttoiflj tDe ^t^ ()atD bem djut
WltH noU)* So that in this fenf the Sirnamei
V\t (s ^oth
afl^biV
The Author's. Preface.
l?oPh of Clufms and F^tvicius ^ might' righdy^
enough have been given to Nepiune, asmJl as
Janus. T^utyet^ though the Tuk had keen tci^en
fmm this O^Hon of the Seas Seeing Jhut or
dojkdy hvpotild mt^ truly ha^oe been ^refvonje^
able, For^ feeing ic k in thepoyperofan Owner^
Jo to ufeand enjoy his Own, that without fom
CompaBs of Agreement^ Covenants or fomfpe^
cial^ght fuperveningy hee may lawfully re^
Jlrain any others whatfoever^ it cannot bee amifs
for any one to [ayy that th^ Seax, 'which xnight
fafi into th^^Pommim ofanyperfmy <kre by the.
£a'^ of- "J^pmiqnfbut to ^llothm V^ho ^r^ no(
OwnmW thM dQ nQp mjoyftich 4. peculiar
"Khbt-inihe f^me manner Otlmofi 4^ thAi^ t^^r
•whereby in that Wtnter^feafon they hcom m^ !^m^^
narpigable by the Law of!]\(ature, 4sfaitlp V^i-
getius.Bwt truly there is another and far clearer -^"^'-i^f
meaning of the Title. The fmple fenf of its
terms doth denote ^t hat the Sea isfojhut (4p orfe^
parated andjeclndedfor private T)eminiony no
otherwife than the Land or a ^ort^ by bounds^
limits^ and other ^^(Qtef and fircumslangesof
private Dominm ^ and that by all kinde of
Law, that without tfo^ cpnfent of the Owner and
thofe Ipecial re/lriBions (s^qualtf cations of Law ,
'which varioufy intervene, vani/h, and return^
^^^^ Cfi) all
"i'ifxt h<
y
The Author's Preface.
all others are excluded from a ufeof the fame.
For, mojl certain it is, that Claudere, tO fl[)ttt
do th not only denote the merejtmple JB ofjhut--
ting, as n»ee fay de Januis oculifve claufis
Of gates 0? om'S tits beeing (Jnt , claufo ag^
iPharfais. mine, or as it is in that of [huc^n^
Brachia nee licuit vafto jaclare Pro-
fundo;
Sed Qaufo periere Mari.
(yi>hich is jpoJ^n of the Seamen's heeing co^
vefdvpith the \eel of their Jhip turned upward^
but alfo it very often /ignifies that y^hich is con^
fequent either to a denial of the free ufe of the
thing P^Ht, as alfo the proprietie and Dominion
of him that (huts it • So faith Venus in ^ Vir-
gil rojupiter;
Quid Troes potuere "f quibus tot funera
pafsis
Cunc5tus ob Italiam Terrarum Qaudi^
ditur Orbis.
ClauditurOrbis, tfte ?Klll0?ft fl)ttt; that is to
. fay a free ufe of the viforld is forbidden them, or
iLib.4.Eieg. ^^^^ permitted. And ^ Propertius,
10.
Non Claufiffet aquas ipfaNoverca fua^.
Hee
^ . The Author's Preface.
Hee heal(s of the [acred Fountains of Juno,
vphich vpere appropriate to the Femak Sex
as OjipnerSjand fo prohibited to Hercules ^w^
all i^SMalesyphat/oever, The Jmbaffador of
theTtncltv'i freaks tothefamefenfalfo to the
A • • 1 • m T- •/ \T\J ■ • "'Hiftoriar,
Agnppinenles m Tacitus^ VVec rejoice ^. ,
m your behalf, that at length yeeftiall bee
free among them that arc free. For, to this
day , the ^Rmanes had ftiut up the Rivers
and Lands, and in a manner the very Aer,
to hinder and reftrain our Conferences and
Meetings. And in the fame Author^ Ceria-
Hs pleads to the Treveri and Lingones. 6x^
ceptTrihutts^ faith /?^^,Other things remain
in common , yee your felvs for the moft
part command our Legions ; yee rule thefe.
and other Provinces. 0\(ihil feparatum Chu^
fumve , /i^otoing is fepataf e o? Il)ut. Many
other paffazes there areof that kinde. Ph'nie
ir /' r 1 o 1 rt ^nT • -Hift.Nat.
aljo faith or the beas themjebs ^ Interiora iib.2.cap.^
Maria Clauduntur ut portu, tl)0 XXiXitt
deasateltHitasinai^abm* And the fame
Author in "" anothery/aith, MareTyrrhenum «ibid.nb.
^ Lucrino molibus feclufum, m Xprr^m ^^"^'^*
fiyea TUasf feciuorD o? fljttt: apatt bp 0(ies f com
t^Lucrine, And ^ Tacitus^ tutum , feclufum pHHior.z.
Mare, tf)e ^ea xuas faft, beetnj fcclttDeo. 7 bat
The Authors Preface.
Tanegyrijl alfoto Conftantius, faith of the
Franks that robbed heretofore in a Ttraticf^
manner y as vpell in the Mediterranean as the
open Sea^ eventu temericatis oftenderant
nihil elle Claufum piraticx difperationi
quo navigiis pateret accefTus, tlJ0p UlAtlCtt
api>ear bp tt^e t\^tvA of tt)eir taf^nefs , tt)at
nott)ttts couin bee (tiut asatnft tt)e befperatiott
of|^itatcg> ibt)ere t^ere tnis^t bee aHaccefs
fa? J&l)tppWg. T/?^^ M ^0 fay^ the Sea vpos not
fo /hut againft Tirates by the Roman Empe^
ror ^ hut that they freely ufed depredation
therein. In a ypord ^ that 'Vphich U faid by
iHexaemer. ^ Jmbrofe ^ Dofsidcre fretum, & fpatia
Mans ,fibi vendicare Jure Mancipii^
to podefs a ii^attott) ^ea anb cbaiienge
(paceg of t{)e ^ea bp xi^^t of fubiectton,
'DcRe is the very fame mth that (?/ 'Columella-
8.Mp.?6!' Maria ipfa Neptunumque claudere
to ©ttf tfte Seas tDemfelbs anb Neptune!
and fo Mare Claufum u the Sea poffeffed
in a private manner ^ or fo fecluded both by
'^Right and Occupation , that it ceafeth to bee
common • that is , being claimed by ^ght of
fubjeBion. Vpon this ground it ivas , that
* A Cen- ^1 r Ay^rrles wcrc called Aneuli Claufares,
tune 200 "'-"^j^ 1^1^ • • 7 /1/7 • r
Acres. rphereby the ^ Centuries in the Afstgnattons of
the
The Author's Preface.
the antient Romans did fo^ touch one ano-
^tber^ that: it might bee J^ovon thereby y hovp
far the ri^ht of the poffefsion of particular
ferjons dtd extend ^ as you may jee in '^Hy- mitibus
genus, ^^(either is it necejfarie , that 'what di,"^'""'"
may bee rightly /aid in this Jenfto bee fhut^
Jhould bee /hut or enclofed by Jom continued
^ Fence y or by a continued TraB of fom eminent
'-Limit li/^e a ^5Kdound: ^ut any ^nde of ima--
-ginarie Line ^ by Jlreight Lines ^ croo/^d
vpindings and Turnings and Angles^ hath
' tah^n place in the deftgnation of private Domi^
^nibns , or in the fhutting or inclofing of a
"thirig poffejjed in a ciyil acception Qts it v^as
ufual among the Antient s in thofe Fields i^hich
'^vere termed Agri Occupatorii and Arci-
-^fififi} as yvell as any eminent and continued
Limit or Mound 'whatfoever. From whence
it came to pafs , that in the Afsignations of
Colonies^ they called thofe places Claufa and
'^Extraclufa Yi?ho/e Limits vpere divided onely
by fuch k^nde of Lines. ' Julius Fron- r Ub.de U-
tinus faith '^ ThatField my bee called Ager "ff^
extraclufus which lie's within the bordering
Line and the Centuries, and therefore ex^
traclufiiSy becauf it is clofed with the border-
ing line beyond the limits. So the Territories ^
(g 2) afsigned
cibus
rum.
The Author's Preface.
aligned as ypiU in the Qolonics at this day car^
ried into America, as in that prodigious
mft of Tope Alexander Vi in the former Age^
Vfhich u hounded by an imaginarte Line from
uLacrtius the "" Artic to the AntarBic Tole ^ are clofed
nu^BuHar. kf Lincs of Longttude and Latitude drawn
^^"'Hieml through the degrees of Heaven^ that they may
nym. dt hec Vojfeffed in a private manner^ So the (^ree^
iano,iib. de Sca , jphich uwhin the CysLncsin and Cht^
gundis, Mp. lidonian I/lands^ tpos by "" Agreement /hut and
xpLarch. prohibited by the Athenians to the Perfian
via cimo- j^jfiperor. Sa the Sea foTPing about is /hut or
clofed mthin the compaf ofthe%oyal Tatri^
monieoftheBrmGii Empire. Other parages
there are every where of the fame k^nde. ^ut
I enlarge my felf too much in a thing fo mani^
feft^ Therefore 1 forbear to light a Candle to
the Sun. Far€i»el ^ader. From the In ner
Temple, W 3\(^ember MDCXXXV".
The
The Contents of the firft
Book, according to the
feveral Chapters.
»
C H A P. I.
T'He Divifion of the Work , and the Method of the
firH Book. Pag. I
Chap. II.
what Occurrences feem to offofe the Dominion of the
Sea , and what ^r^uments are wont to bee made a-
gamU it, ?^%*S '
Chap. 1 1 L
What is meant hy the word SEA, in the queflion. \/ilfo a divi-
fion of the Law^ in order to the Difcourf pag. 1 1
C H A p. I V.
(y Dominion, W; common fo 4//, 4wi Private. Alfo its
Original, either hy Diftributionj or Primaric Occupa-
tion» P^g»i<S
Chap. V.
TheEjjeEls of ^nsztt Dominion. And what regard hath
been had of the SEA, in the more antient DiHributions
and D iVifims of things . P^g.i 4
(h) Cha
P.
The Contents of the firft Book.
Chap. VI.
That the Law of God, or the Divine Oracles of holy Serif-
turey do allow a private Dominion of the Sea, And that
the ttfide Ocean alfo , "^hich ttpafmh the Weflern Coa/l
of the holie Land , or at Uajl a conjlderahle fart of it, ")><t5,
according to the Opinion ofjuch as "^ere learned in the JeivtfJ?
Law ^annexed to the Land oflfrael^hy the Aj^ignation or
appointment of God himfelf P^g*^ 7
Chap. V 1 1.
77>^ff/;c Natural -Perm ifsive Law (li^ hereof any ufe my lee
in this place) is to bee deriVid cut of the Cuftoms
and Conftitutions of the morecivilr^d and moi'e nohle
i^Sitlons^both afitient and modern, P^g'4^
Chap. VHI.
The manner ^ "thereby the Law Permifslvc touching pri-
yate Dominion of the Sea^ may bee drawn out of tlye Cu-
Jloms of many Ages and Nations. That there ivere
Tejlmonies hereof manifeH enough in the Fabulous Age.
Alfo a ^ord by the 'Pi^ay , touching the Mediterranean Sea ,
inpojfe/sion vftheKomzncs, "n^hen the command thereof
"Vpcvs committed to Cneigs Pompeius. p2g-4^
C h A p. I X. V
The firU Dominion of the Sea amongthe Greeks m the
Hiftorical Age 5 that is, theDommion oj t{tng Minos,
or fi'^ Cretan. p2g-53
Chap. X»
That after Mmo^ of Ctttc^ fcventeen Nations of renown
in the Eafi^f^cceedingeach other, did for Very many yean
eye^
The Contents of the firft Bode.
even iVithottt intermifsion enjoy a Dominion of the Syrian
Egyp:ian, FamphvUan, Lydian, 4/2i/i!£gean Sea, m
otherwlje than of the Continent or Iflands, p^g^5^
C H A P. XI.
Toikh'm ^kSca-Dominionso/ r/j^ Lacedemonians 47zJ
Ad^urnians. Moreover dfo, that it "Vif as acknowledged fiot
omly by the Gi eeks, hut aljo by the Perfians^ in a Treatie of
Teace. P^g.^5
Chap. Xll.
Other TeJlimo/iicSy ^hkh ard found fcatiered up and down,
touching the Dominion of the Sea^ in the Cuftoms of the
Eaftern ISlatiom, P*^g-^9
Ch A P. XIII.
Of the Splnetans , Tufcans , Carthaginians ] and other
Lords of the Sea in the Weft. P^g«74
Chap. XIV.
The Sex-Vommlon y of the people of Koms^ and offucha^
followed their CuHoms in the Eaftern Empire. «P^g'T?
Chap. XV.
TI)S Dominion of the Se:t , ^ it belonged te private pcrfoas
under the Roman Empire, together with that San^ion
ertablifhcd in the Eaftern Empire j whereby the perpe-^
ttial communltie of ths Sea iphich was pretended to by Jbm^
heeing utterly Miffed as a thing unjuft ^ the Dominion
eVm o/privace perlbns therein is afferted, pag, 89
(h 2^ C H A pj
The Contents of the firft Boole.
Chap. XVI.
Gmovd.
TouchingtheDominmof the SEA, according to the fujloms
*M I- ''ffi"''^'^*'"»^'^'"'''"^mbeeing. Firft of the hdni-
gufticum ; 'i^^ ^'^: ^'^'"^'% " '^«Venetians ; the * Liguftick to the
mw cM Oenoeles , the Tyrihen to the Tufcans, and laUh of the
'^m.T ^'" ^^'"'8% '» ''-^Church,.. P«^eo/Rome. pag.yp
Chap. XVII. ' •
Concerning the received CuJlomsoftbePottugzhmd Spani-
ards, about the Dominionofthe Sea. Pag-io?
Chap. XVIII.
How fir private Vominion over the Sea U admitted according
to the (jiftoms, or opinion of the French. pag; i , f
Chap. XIX.
Tie private Dominionofthe Sea, according to the received Cu:
jhrm of the Danes the [-eople of Kotwiy, the Sweds,
PoIandcrs,.«^ Turks. p^g^^^g'
Chap, XX.
JnMwer to theobjeaion, concerning Freedom of PalTaee to
Merchants, Strangers, WSea-men. ^ pag.^,jj
Cha p. XXI.
Jn Anfmer to that Objeaion concerning the uncertm fluid na-
/f^ ^^"' '"^*'' continual Ateration. Itisl.
ved,that ^vers alfo, and the adjoining Aer^E
«re moreflu,d and uncertain) may becom applpriaZ
pag.ii7
C
HAP.
The Contents of the firft Book.
Chap. XXIi.
Jfi Anfwer 'to the Obje^iions touching the defeSi of Bounds
and Limits in the Sea j tn al/o concerning its tuagriN
tude and incxhauftiblc abundance. P*^&U 5
Ch a p. XXIII.
An Anfwer tofuch TeUimonies as have fain from Writers
treating of other fubjeds, and which are ufually alleged
agmfl Dominion of the Sea- pag. 1 4 5
Chap. XXIV.
An Anfwer to the ObjeBions taken out of Anticnt Lawyers.
pag.150
Chap. XXV.
Touching the Emperor Antoninus his Anfwer that himfelf
was Soveraign of the world , but the Law (as 'tis
commonly tranflated) of the Sea j in L Deprecatio^jf. tit,
de lege ^^odia. The true meaning of f/;e y^i^ An-
fwer, and a new, but genuine Expofition of it, Alfo,
that it comprehend' s nothing which may in any wife oppofe a
Dominion of the Sea. P^gi57
CH5.P. XXVL
An Mfwer to the Opinions ofmodern Lawyers, yo far as
they oppofe a Dominion of the Sea • ejpecially of Fernan-
nandus Vafquius, and HugoGrotius. pag.i58
(i) The
't'^##'l'ln
The Contents of the fecond
M» , B O O K» .fl^^^ ^J jtuiWl
Chap, I.
THe order or Method of tbofe things that are to tee hand-
led in this *^ook. The Britifli Ocean divided 'into
four farts. pag.i8i
^ill'. C H A P. I I. ^iWI;!<a4'>
That the anticnt Bfiuins , did enjof and pojjefsthe S E A o/"
.^^ the Jame name-^ efpeciaHy the Southern W Eaficrn
part of it y as Lords thereof, tc^ether with thelJland,bdotc
tbcy were brought under the 7\owd« power. p.lJi8
C H A ?. III.
That the Bricains were Lsrds of the Northern Sea, before
^; they Tiferefubduedhy the Komints, And that the Su and
: the Land made one entire Bodie c^ the &mih Em-
pire* ' pag.ioi
C H A, F. 1 V. , .
That the Dominion of the Britiflti ^ea^ followed the Con-
. j^, qucft of great Britain it felf, under the Emperors Clau-
dius <wJ Domitian* pag.i05
C s A I». V.
^"--■. :, -V >b570>q ^1 3F
pouching the Dominion of, the Romanes w rfe BritiflfSca,
^v. as an appendant of the l&ind ^ from the time of Do-
3. ftiitian to r|^,£w^fm Conftantius Chlorus, or Dio-
cletian. p32.i 1 1
Chap.
The CdnfeM^fM fecc^a B6bH-i >^
Touchir^ the Vmmmofthe Soixzhcm and E^Rctn Sea, as
4/1 appendant of the Bririfh Empitt^from the time of
Conftantinc the Great till chc ^mines quieted the
Iflirtd. That it '^06 all under the Command of the Count
of chc Saxm Shore throughout "Britain. Jlfo concerning
the Bricifii Navic under the Romanes. P^g»^ i7
r8i.Ob- Chap. VII.
An Examination of the Opinion offom learned men^who "^ould haye .
the Saxon Shore, frtm whence that Count or Comrnander
V o/'f^S'M throughout Britain had his Title to bee the
^' Brttijh Shore on this fide of the Sea ^ Tifhich is ptaml^
'^} mvid to bee fdf pag.2 3 1
Chap. VHI.
Som Evidences concerning the SoveraigntieW infeparable
Dominion of the Ifle of Britain and the Sea be-
longing thereto , out of Claudiari , and certain Coins
9ftkEmpmr Antoninus Pius. pag.242
"^"^^^ Chap. IX.
Touching the Dominion of the Britlflh Sea, after that
-j.^jthe Inhabitants W /re^rf themfeiys from the Romanc
Chap. X.
It is proved, both from the ^ery begtnning of the Saxons
<- R€ign,as^\(ofrom their Forces and ViBorles by 5ea,that the
'^' Englijh ■ Saxons ^ani Danes ^ who ruled the South-pare
i>- W Britm^ had Dominion over the Sei. pag.i5 1
(i 2) Chap.
The Contents of thefecond Book.
C H A p. XI.
.J'hc Sca-Dominion of the En^Up?- Saxons, znd Dams, du-
ring their Reigns in Britain, obferved in Hke manner,
from fuch Tributes and Duties of their Fiduciarie Clients
or FaffalSf as concerned the maintenance of the l>(ayie, Alfo
concerning the Tribute or Paiment called Danegeld,
which was wont to bee levied for the Guard ot the
Sea. pag.159
Chap. XII.
The Teftimonies o/Edgar and Canutus, IQn^s of England,
Ibitfc others y exprej^ly declaring the Dominion yi^hich they
and their fredeceffors had over the Sea. Together Ti^ith an
ohferVation touching the TSlations "^hich in that Agt Tbere
feated upon the oppofite Shore. P^g-^7 J
Chap. XIII.
Several Teftimonies concerning the Sea-Dominion ofthl^ings of
£wg/4W^, fince the Norman Qonc^z^s Jet forth in^e-
neralheads» P3g«2^4
Chap. XIV-
That the ^ings of England fince the coming in of the
HormanSy haVe ptrpetually enjoied the Dominion of the Sea
flowing about them ^ is in the firli place proved from the
Guard or Government thereof as of a Province or Ter-
ritories that istofay^from the a;erie Law of the EngliQx
Admirakie. P^RA^l
Chap. XV.
TheDominionof the Biglip? Sea ajjer ted from thofe Tributes
' orCuftoms that "^ere Ti^ont to bee impofed^faid^and demanded
for r/)e Guard orProtedion thereof after r/;^ Norman
Con(jueH, P^&^^5
Chap-
The Contents of the fecond Boofe.
Chap; iVi.
OhferVations touchmg the Dominlm of the Englifh and Irifli
^'''■Seayfrom the tenor and variecic of thofe Lctccrs Pa-
tents or Coramifsion Roial^ 'thereby the Admirals of
^^^ England Tbere '^ont to bee put in Jutoritie. pag.jOJ
Chap. XVII.
'1i% friyed hy lifords plain enough in the form of the Com-
m\(iions for the Government or comtnmd of the high Ad-
miral of England j/rowj antient to the prejent time^ that the
'^' Sta^ for "^hofe guitrd or defence ^hee ^.14 appointed by the
I^ing o/England as Lord and SoVeraign^ "^as ever bounded
towards the South ^by the P)on e/Aquicainj Normandie,
WPicardie. P^g'3^^
Ch A P. XVIIL
Touching the Admirals of the Kingdom of France, or thofe
V '4:onftitiited upon the oppofice Shore ; their Original,
nature, ^«Jvarietie. That the Sea it felf flomng between
^ Britain and France, is not conccined in that com-
mand of his, as of one that is Governor o/(< Tcrritorie or
Province ; nor is there any thing in it that rmy oppofe the
X>ominion of the IQng o/^England by Sea. P^«}* ^ •
^1 « Ch IP. XIX.
That in the Domnion ofthofi Iflands lying before the fihore
of France, which hath ever been enjoied by the ^ings of
^' England, it appear s that thepofjefsimofthe Sea wherein
they are fituate , is derived pom their Tredeceffors.
" . P^g-3?5
Chap. XX.
The Dominion and poffefsion of the Sea ajferted on
'the behalf of the Kings of England , from that
(k; leav
The^Contcnts of the fecond Book.
leavofpreter-Navigation or pa/fa^e which hath been
ufually cither granted by them to Foreincrs or dc-
fired ftono ihcnti. pag. 544
C H A p. X X I.
That Licence hath been ufually granted toFore'mers, by the
lyings of Bigland , to fifh in the Sea ; Jlfo , that the
Protection i;m« to Fifiicr-imen hy them^ as in their own
Territories is an antientand manifejl Evidence of their Do-
minion by Sea. P^g-J5$
Chap. XXII-
The Dmmm of England made eVtdint fiam the Laws and
Limits ulually (ct hy our i^^x in the Sea, tojuchrltoi^i-
ncrs as were atenmitie with each other, but in amitie
with the tingUfh. And concerning the King's Clofets or
Chambers in the Sea. Alfo touching that Jingular frivelege
af perpetual truce (or exemption from hoHihtie) in the
Sea about tbofe Ifles ti^bkh lie before thejhore oftiarrrumdie.
pag^^5
Chap. XXIIL
fertain publick Records, fi^herein of old the Dominion of the
Sea is, by the way, affcribed to the i^w^i of England,
both hy the King himfelf , and alfo by the Eftates of Parla-
ment, debating of other matters , and that in exprefi
words,dW(i with verle great ddiberation^^w a hwH>n and
mo^ undoubted ^ight^ P'^S'375
Chai^. XXIV.
Of diners Tejiimonies in our own Law-books, W tiemofl:
received Cultoms^ 'thereby the Sea-Dominion of the King
^/England, ij ^g%r affertaj.>cir admitted. pag.j8 z
o
Chap
The Contents of the fecond Book»
Sm antient Teftiniontes of lefi accoottt, tmhitig thi^-
Domnion,Ti^bereofTtfee treat» P^g.394
Chap. XXFl
That the Sea-Dominion of the Kings o/England is acknow^
kdgti by t oreiners, ytfhom it mft concern s^ hy their ufi>at
itriking of Sails, according to antient Cujiom. jlfoconttrri'
?<ingtwo EdtBsor Ordinances that^i^ere jtt forth about this
things bj the Kings of Prince. P^g-3?8
^^^j Chap. XXVIL
A Recognition or Acknowledgment of the Sea-Dominion of the
^ng of England, made by very many of the Neigb-
boi Nacions round about, w^^z antient Libel pub-
lickly exhibited, or in a ^tll of Complaint inflituted by
them, together Vtth the Englif/, a^3.\ri(i <J(eyner Grimbald
Governor of the French Navie. Alfo, touching a Eecogni^
tion of this kinde implied in his defence. P^g^40}
Chap. XXVUl
A Copic, or Tranfcript of the Libel or Bill o^Complaint^
mentiomd in the former Chapter. pag. 4 « 5.
Chap. XXIX.
A Recogaicion or achiowledgment oftheSea-Vomnm of
tU icings ^England , made by the Flemings /« a?i ^m^
bafly to Edward the Second, P^g'4^9
Ti^. Chap. XX X^
Of the Dominion of tk I^ng ofGxtzt Britain in the Iriflb
ani Weftern Sea , conftdered fingly and apart by it felf.
P^&4H*
(k 2) Chap,
Tho Contents of the fecond Book.
G H A p. X X X I.
Touching the Dominion of the IQtig of Great Britm in the
Scocifh Sea, tfpeckUy toward the Eaft and North.
P*g-44J
Cy A p. XXXII.
Touching that ^ght T^hlch belongs to the ^ing of Great
Britain, in the tmin and open Sea of the North. And
the Cmkfion of the Work P»g«447
Amend the Errors thus .
PAg,x.lvt.ii. reid^rSkioti. p,\%^U*$. r,Ho!liges,bIotoucRi^fc-'. p.»9.^x. air© over all other.
P.J3./.7, T'.Thusui*. p. J 8./.» 7. r. within theCrceks. p.^9. /•Jt. y.thicof We^'WBe» p.^J,/.»^
r, in »ny wift. f-S6.L6,r. or which, ibid. /.1+. y.tranflition. p. 61 . /.1, r. hereto, f. tf4./.ia.
y.i«lthefirft. p»7o.J I. ''♦they requited, ^.ju/.^.r. <>l««4'o»«( wittily replied, thit hee himfelf : p.f^
/,tf.r. CoBnfeL £/5./.»!.)', firft. ibid. /.i8. r. League thit wis. p.j^.l.xS.r. Mi/Smuti. p.li.Ui, r.
account, ibid. t.\6.r. Theodojiiu. p. 87.^13. ^ that it cannot, p.9^. /.Jo. y, that fervuuie. /1.95./. 14.
r. thatfervitudewisitnpofed. ^.jf./.ij. y.thisftrvicudc. p.?8.^2- »"• fills, p. loj./.ii. r, of. p.iot^
Lio.r.or. f.iai.i. »5. y.placef according» p.119. /«ii.r. Irun. p.i4»./.i2. y.might face. p.i4+./.ii.
r.^lciatiti. ^. ijfi./.i. r.conteoipotitie. p i6'.'»i9.f. wercitC&ith, p. t6j./.9. y. cotton, p. i g 4.
/.IS. r.Barangt. p-iS^. /.4-r, to» much. ^.190. /.«j.r. Their. f.i9i./. 17. r. trimming, p. loi.l.ii,
r.Iam. p*»i5. /.4. 1'.thci/e.p.iiS. '.Jo. ''. throj^hojt Britain, p.tii.1.6. r. thronghouc Britain.
f.>^>./.i7.^^.at that time. p.a+J./.J i. r.or ftrand.;». i jo- l.tS.r.x>llWnitltC* P* »5J»in the margine,
r.CotJoniana»p.2li./.i»,i'.AchillesTatiU'i,p.jo},',29.y.(ntW5»/'»3<^^»'»'*.''.^ffi"0'Our,p.j 15,^15,
r»^mfmei.pt } 1 6»U*0tr'(imf>us and ^ nienup* I ' 7. '.*■»"♦ the oppofite.p. } 1 2,/. Ji* y.piece-meale . p. 5 ag,
/'.X4,y. Account. :p» ^ii. Ui^.r. C)if'treatp.li6'l**»r.]€ot\uitk. ibid./. s,)'. knew. ibid. /.13,)'. EngUflb
by Norman, p.^i 9. ^(tf« r. the IIUni«rs, ^. j 84. ^. j i. uo( a publick- p«4 1 3./.I»)'. was his Fiduaarie.
OF
Chap. I. J
OF THE
DOMINION,
fhio of the Si
o
wnerinipo:
ea.
BOOK L
^he Diyifion of the J^or\^, andthelAtthod
of the firjl "Book^
Chap. L
H E DcGgn bceing to treat of the
Dominion or Owner(hif of the Sta^
incompafsing the Ifle of Great
Britain , as belonging to the Em;J
pireof the fame J two roam par-
ticulars are chiefly to bee confi'-]
der'd. The one concern's mattet
of Law^ the other matter of Kj^j both ofthembecing
denominated (as is ufual) from the major part: For,as
B ^ the
B ook I. Of the Vominion, or,
the pointofL^aip hath many things mingled with it,
which manifcftly arife from matter of FaB; fo this
ofFa^ comprehends not a few which relate unto
that of law. M to ^^^^ concern's the point of Law,
this Queftion fall's chiefly under debate, to wit, Whe.
ther by Law the Sea bee capable ofpriyate Dom'mim^or Troprk-
tie f And by matter ofFaH is meant only fuch a colledi-
on of Teftimonies, or clear fhcwing forth of Evidences
by which may bee proved and mainteined , The long
and continual conjmBionTifith the Br itifl:) Empire^ of enjciment
andpojjefsion,or lawful fre/cription;fif hereupon as on a mojl jlrmg
Title, the Dominion or Ownership ofthejame Empire herein may
idre/oMWii^itbceingfirftmademanifcff, that the Sea it
felf is not only not repugnant by any Law to Dominiorl
or Owncrfliip,butevery way capable thereof. To each
of thefe Particulars a (evcral Bock is allotted. In the firft,
is difcuffed matter of L<JM» : Inthelccond, that which
concern's matter of FaB' For, except manifcft proof
bee made of the firft point, it will bee utterly in vain
to difcoutf about the iecond. But for thofe things
which arc to bee handled in the firft Book, itftemed
meet to oblcrv fuch a Method , as in the firft place
to lay open the Rife or Original ground of thofe Di-
(putes that haveoccafioncd this cnquiric into the point
of Law, together with the Opinions of thofe men,
who denie that the Sea is capable of private Domini-
on or Owncrfhip, or that it may pals into the Pro-
prietie of any one particular, fo as in the mean time to
exclude it from bceing common to the reft of man-
kmdc. Next are premifed fom things, for explaining
the terms of the Queftions, that it may bee clearly
thence under flood, as well what kinde of Mediums
ate to bee ufcd , as what the Thing is, whereof wee
inttad to Treat j left by aeglcfl: of fuch a Courf, wee
- ■ ^ bee
Ovpnerfloip of the Se4. C h a p . II.
bee perplex't with Doubts about the notion and ac-
ceptation, either of the Terms themfcivs, or of theSub-
jtd in Controverfic. After this preparation thus duly
made, it is then demonftrated, that not onely no kinde
of Law whatfbever, rightly underftood ^ doth deny
a Dominion over the Sea, but that all kinds of Law,
even the moft known and approved, whereof there
may bee any ufi: in Difputes oi this nature , do ac-
knowledg and allow a proprietie and private Domi-
nion over the Sea, as well as the Land. Laftly,the
Obje(5tions ufually brought againftfuch Dominion or
Ownerfliip of the Sea, arc cleared and anfwercd ; And
with thele wee fhall now begin ; for the Method of
the ftcond Book is more conveniently put there be-
fore it.
JVhat Occurrences feem to oppofe the Domu
nion of Sea, and vphat Arguments are
^ont to bee made againjl it.
Chap. II.
THe Arguments ufually brought againft the Do-
minion of the Sea, are of three forts. Som are
drawn from freedom of Commerce, PafTage,
and Travel ; Others from the nature of the Sea ^ and
a third lort from the Writings and Teftimonies of
learned men. And as to what concern's the freedom
of Commerce or Traffick, and Travel, this fom men
affirm to bee fo natural, that they fay it can no where
bee abolifhed by any Law or Cuftomj yea, and
that by the Law of Nations it is unjuft to dcnie Mer-
chants or Strangers the benefit of Port, Provifions,
Commerce, and Navigation j Adding moreover, that
B 2 wars
^. Book I. Of the DominionyOr,
wars have been juftly commenced upon denial of
Port , Trade , and Commerce j And for proof, they
* w-'t)^ produce the example of the Megarans * againft the
dor.Sk. lib- Athenians, the ^ononians ^ again ft the Venetians, and of the
12. Spaniard againft thofe of the Wejl Indies - for that, the
Sigon. de expedition of Spain a&ainft the Americdns \s pretended,
Kegno Itali£, t l d ^-n^ i
iih.2o. by very learned men to bee upon a jult Ground,
c Francifcus becauf they denied them a freedom of Commerce
^ndhtrat2. within their Shores and Ports. And in juftification
^.2.^\&^. hereof, They u(e that oiVirgtl, as fpoken out of th^
'Joannes So- ^^^ of NationS ;
lorzanos de '
]ibTc^p 20. ^^^ S!^"^ ^ ^^^ hominum^ qudVe hunc tarn barhara morem
$.34.e^-/V^f Termittit patria ! hjj^itia prohihemur AreUie.
flM-' MW batb'tous HanD m& cttttom oxbn's^
ud.2.m2s, tt)i)atfo?t
£)f men are tl)ere ^ mtt ate fD?bio tljeit ^oit.
Now, if fuch a Procrietie or Dominion of the Sea
were admitted, that men might bee forbidden the li-
bertie of Navigation and Ports , at the will of any
Proprietor, then, fay they, it would bee an infringe-
ment of that Law of Commerce and Travel (by them
ftyled the Law of Nature) which they would not
have to bee indured.
Touching the fecond fort of Objedions drawn
from the nature of the Sea it fclf , it is commonly
alleged 5 That the Sea is alter'd and fhifted every mo-
ment, and the ftate of it , through a continued Suc-
cefsion of new waters, alway fo uncertain, and re-
mains Co little the fame in all things (the Channel onely
excepted) that it is impofsible it fhould ever bee retained
in the pofTcfsion of any one Particular. Moreover,
they fay the nature of PofTcfsion confift's chiefly in a
feparation or diftinftion of Limits and Bounds, but
no
1.2.
A t/£neid.i.
Orvnerfloipofihe Sea. CmapJI. 5
no (•^ch iMacerials or Inftiuments can pofsibly bed
found in the Sea ^ as that the Law for regulation of
Bounds, which hath a principal place in all Controver-
fies abouc Dominion or Ownerdiip may bee grounded
thereupon. They produce alfo a faying out of* S'Amhrofe^ ""Hexaemr.
fpeaking about the lurking-holes or holds of Fillies . ^ ''^^^' '°'
Geometram auiiVimiis , ThalaJJometram nmqmm atidivimus;
((sr tamen Tifces nwifuras fuas norunC ^ t)(lt)0 t)0ttttl Of
a Geometrician, 0? (M tljat couio mcafttte HatiD ;
but ncDer of a rhaiafTomctrician , 0110 tljat COUlD
mtiilixtt 0? lap out ^oimus in tlje ^ea , anD pet
tl)e jrifl)es fenotd tpii otdn ©ounDs^ They are
pleated like wile to in}inuace,what a world of Sea room
there is, chat all Nations may have fufficient for wa^
tering, fifliing, and Navigation : And therefore that
the peculiar Dominion thereof is by no means to bee
appropriated unto any,
A third fort of Arguments lie's in thofc Teftimonies •
that are drawn out of antient Writers • partly out of old
Poets, Divines , and others writing of other fubjeds ; .. . -
partly from fuch Lawyers as handle the matter purpofe-
ly.Of the firft kinde is that ofGriptis the Fiflierman, and
Trachalio the Slave, as they are brought upon the Stage by
(P/^«r«i,quarrelHng about a Bag that was found in the Sea.
*Gr. Mare quidem commune certo 'ft omnibus. Tr. AJJentio* ^UKudemei
J^ui minus hunc commumm qiufo mihi oportet effe vidulum? ^-^-i-
In MariinVentum ejl , Commune efl.-
Gr. %p ^ea is common ccwainlp to all*
1 r. xtue.
mi)^ not t^is iBas to mee tljen taj^tfjou b?atUk
3t vom founo mtlM ti^t ^ta.
xtjetefoje common it muft bee*
Th^y produce likewile a piece of a (iipplicatorie
B J [peech
6 Book I. Of the T)omiomn^ or,
t Metamor.
6.
fpeech of Latom, to a ruftick Rout in Lycictj as it in
Q^dproHbetls Ac^uas ? nfus communis Jquarum ejl.
Nee Solem proprium ISLatura^ nee Aerafeeit,
Nee tenues Unda^, In puhlica munera VenL
-ItoljpDittlietPDtt, raid fhec,
Xlje ttfe of (K!tiatei:,tDat to all is free ^
X6e ^my^ttMattty Matmt m not frame
l^eculiar j a publicfe (Sift 3 claim*
c^^mJ.y. Andthatofrj!/;gi/^oo'
Uttufcjue rogamus
Inmcuum, <(sr eunBis unddmque, Jurdmque patentem»
il5otDmg but tbljat is common tbee implode,
free :^er;ano piater, anti a Ijarmlefs (Ijoje.
«i 2)/p«o/tf/;. !P/;^/d^e5 faith siCoinAthen^us^ , rm fAv %\clojzl¥
S- H^.iv)!/ *lt)"j f/;,3t ^/;c Sf^ftj common. To which may bee
added that memorable faying of certain Jemjh (^-
bins ^ who, when they acknowledged Alexander to
bee Lord of the whole world^ did it neverthcleis with
this Caution, that they conceived hee had by his Con-
quefts gained a Soveraigntie onely over the Earth or
drie Land, but none at all over the Sea; it beeing
fubje(5t onely to God hirafelf, as its fole Commander.
« Geimrn Tbc words are thefe out of the Ebrew , ^ Non Do-
Hierofoljmit. jfjlfjahatur in Mart , fed Deus 0. M. Dominatur ^ tdm in
z',ra,]cude Mart qudm in Tellure. ^tttWltl) HOtObCr tfte &t^
cuitu extra- ^^t ^Q\^ ziwu^Wt ts tjce oHcip tljat rules Up
7s^it ^eaasttellasbpHano*
The fecond kindc of Arguments here, found among
the Lawyers, are of two forts. Naturali jure^ ommum
commtmia funt illa^ Aer, Aqua profluens , <s^ Mare , <t per
hoc littcra Marls. Item, Nemo ad littus Maris accedere pro^
bibetur
OvpnerjhipoftheSea. Chap. 11, ^
hiktur fnfcami caujp., dim tamen ^iUii e> ^dificHs dr Moni^
mentis abflimatur j quia mn Juris Gentium , Jicut O Mare.
Idque DiVus 'Pius pifcatmbus FormicLnK <sr Qapmatis re-
fcrtpfit. ei? tDe JLam of iiatttte, tfte Zit , M-
t^ers, tt)c ^ea, aim its ^l)o?e$,ate coramoti to
all :aifo,iiione are p?ol)ibiteD to uf e fifting up-
on tlje ^ijojes as long as Vm mtXMz not airt)
%ottns,i6uilDmss anD flponumentSjtn resacD
tl)ere ate not common bp tl)e icatt of illations,
as IS tbe ^ea -, %x(^ tt)is iDas p^efcribeD bp tt)e
©mpeto? Anconius Pius, to tt)e jfifDecmen of
5F0?miac anD Capena ; which are the very words
uied oy ^ Marcianus chc Liwyer^aid by^ JuUmian in his f L.2.e^/,4.
Inftuacions. \n^Ul'/wi , ^ Af^W, cjuod Hatura omnibus f'^^^^rum
pAtet^ fcrVitus imponi prtvata le^e mn potefl, 'SCtje ^ea^
beeingbpiEiatttte fteefo? aU> cannot bee iaffa^ \^^\u'fZ'
ilfeO bp anp pattiCUlat Jlalto. And in anocher ,^^^^^.^
place, laich hee -^ ' Mare commune omnium eH <sr litora, fi^ communia
cut yier, Eteft fejjifsimerefcriptum^ mn poffe quern pi fcari T^^'^^orum.
prohiberL %\)t ^ta anb ^l)o?es ace common to ttYnj^'s:
all, as tbe Ztt^ Zx(Q tbee finbe it beep often f^^de^^ni
p?efctibeD o?commanbrDbptl)e€mpero?s>tDat damnfinL
nonete pjoljibiteb from fiftins : '^^^ ^^^^^^
agree s*airo c^ac «aying ot ^ Celfus. Marisejje vfum commur ^Lzff.N"
?iem ommbus homhiihus ut Aens. ^ fCeebOm Of tfte ^tH^ ^»'^ ^^ fub-
as Xbeli as of tlje Ztt , is common to au men» '^''' § '•
In like manner, lom would haveic chat the ^xomane
Emperor himlelf was Lord oncly of the Land, and noc
of the Sea ; for proof whereof, they mcncicn an An-
iwer given by the Emperor Antoninus j ^ Sequidem mmdi ^j),i>_adlib.
Dominum effe '^ legem autem Maris-, Xljat ()imrelf 9-/.^^%«
ibas iBLm of ttje M)0?lb , but tDe lUtt of ^''^''"^
ifyt ^ea ; prc^cending this Anlwer of his co bee '
commonly underftood , as if hee refuied to at-
iogac€
g Book L Of the Dominion, or,
logatc the Dominioa of the Sea unto himfdf.
-Ec/»g.Btf- And in the " Bafilica or Laws of the Eaftcrn Empite.
m.i.c4p.i3. VVCchnde it thus written,0/ ct'y/at^o/ ivrr, TCccnrccv €^<yicc
ei(n' The shores are within the power of all mm. So alfo
faith Michael Jttaliates, a roan learned in the Laws of
,P chat Empire^ "TW 3 mrcar limr o^ 0 Arip^ -n ^of
tit. 2. Td^OJ^j >J Q:>£tPl5toJOt/j 0 ct<;Ki^O? Tyi$ Ja.\qio^jy)g ^ 3t^ •;
rioTa/Ao/'* Scm things are common to all ^ as Aer, Fountains,
the Sea^ Shores, and Rivers, And the fumme is, that fom
antient Lawyers of both Empires write , that the Sea
is common to all men, by the Law of Nature and Na-
tions; which if it were truly proved , cither from the
nature of the Sea it fielf, or from either of thofc Laws,
then it could not pofsibly bee admitted , that the Sea
might becomthe peculiar poffeision of any one, un.
lefs a change were made of the Law of nature,which
is commonly faid to bee altogether unchangeable j or
that the conftnt of Nations, that have intereft herein,
were obtcincd to admit of fuch a Dominion or
Ownerfliip. And therefore from thencethey feem to
hold, that a Dominion over the Sei cannot bee atteined
by any antient ufage, cuftom or prefcription, nor un-
der any other pretence or title whatfoever, fo^^(faie
they) no Plea or Barr is to bee allowed againft nature,
oNeque ffi' Hp^ (^^ * Tapintan faith ) is a Trefcription of Idngpnfj f^ion
fcriptio long^ -^q^i fQ ^gg admitted for the holding of fuch places as are puhlick
JSnX/o- ^^ common by the Law of Nations. And thcfe antient
ca jure Gen- Lawycts hcre mentioned are followed by no fmall
ScoS. "^'^5° ®^ Interpreters ; chough neverthelcfs there arc
/z.45 .tit. de not a few even of them, who rcftrain and cjualifie that
f'*^&ufu'' ^'^ri^^' opinion more waies then one , touching the
fationibus. neccfsitic of a common I ntercoutf and freedom at Sea,
as wee fhall fhc w hereafter.
Buc of our modern Lawyers, tho(c that have appear-
Owner /hip of the Sea. C h a p . 1 1. p
cd mofl: forward in oppoiing a Right of Dominion
over the Sea^ are onely two , boch indeed very eminent
men , but of unequal learning and eleg mcie of wit •
by name Fernandu^ Vaf(jum the Spaniard, and Hugo Gro~
Uh6 the Hollander : the former an honorable Coun-
fellor to King Wilif the 3. of Spain in his high Court of
Exchequer. The later Was heretofore Advocate Irif-
cal of Holland^ Zelmd , and Wejl- Friefland, and moft de-
(ervedly adorned with divers other honors in his own
Countrie j a man of an acute judgment, and for his
excellencic in all kinds of learning incomparable. But
Vafqum , in his difcourf both of the Law of Nature
and Nations , as alfo concerning the Rights of Do-
minion , Prcfcription^ and other things of that nature,
(peak's to this efFe(5t. ^ From hence (faith hee) it appears ^permndm
how little ejleem is to bee had of their opinion, T^hofuppofe that ^^l-ContrQ-
fteGenoeles or Venetians may fi^ithout injurie , frhid others JiP/.c^^o»
to fail through the Gulph in their reJpeBi^e Seas, as if they i^o.Exhis
could have laidcliim tothofe Sens by Trefcriptlm - Ti^ Inch is 4f '^'"^^ ?«^"»
not onely contrarte to the Imperial Laws (above mentioned) &c.
but alfo againfi the Trimiti^e Law of nature and mtions^ t^hich
cannot bee alter d. And that it is agalnfi this Law^ is evident •
hecauf by the fame Law not onely the Scas^ but all other immov-
able things IphatfoeVer, t^ere common. And although in after-
time that Law came to bee aboliflit in part^ fofar as concerns the
Dominion and Troprietie of Lands , "^hicb beeing enjoied in
common, according to the Law of nature , "^ere afterwards
di/linguifh'ty divided , and Jo feparated from that common ufe ;
yet it hath been otherwife , and is JlilU as to the Dominion of
the Sea , 'Sli^hich from the beginning of the Ti^orld to this pre-
fent dale , is , and eVer hath been in common , fi^ithout the leajl
alteration , as tis generally known. And though I hear
many of the Portugals are of this opinion , that their i\lng
bath had fuck an antmt Title by frefcription in that Va^ Ocean
C of
lo Book L Of the Dominion y or,
of the Weft. Indies , Jo that other Nations have no ri^ht
to fail through thofe Seas ; aud aljo that the ord'marie Jort
of our own Nation of ^Tp2iin feem to bee of the fame opijmi,
that no people '^hatjoever , but Spaniards , haVe any ngk
to fad through that immenf and m^Jl Jpatious Sea , to t^ofe
Indian Countries that have been juhdued by the moji mi^h-
tie K}ngs of Spain (as if they onely had a right by Vre-
Jcription thereto ; ) yet all thefe mtns opinions are no lefs
yain and foolijh , then theirs, Tb/;o ufe to dream the fanx
things of tie Gcnoeics and Venetians. The follie of
Ti^hich opinions appears the more clearly even in this refpeEl-^
bccauf neither of thofe Nations ftngly conftdefd can prefcrtbe
ought againjl themfelvs ; that is to faie , neither the ^-
puhlick of Venice againjl it /elf; nor that of Genoa againjl
it felf, nor the I^ingdom o/ Spain againjl it felf, nor that
of Portugal againjl it Jelf • for there ought eVer to bee a
difference between the Agent and Patient : Much lejs can
they prefcrtbe ought to the prejudice of other Nations , be-
cauf the Law of Trefcriptions is purely CtVd, Therefore
fuch a taw can bee of no force , in deciding ControVerftes
that happen betwixt Princes or people that acknowledg no
Superior .• For the peculiar Ciyil Laws of eVery (yuntne
are of jto more <value , as to Forrain Countries and J^a-
tions , or their people , then if fuch a Law T^ere not in See-
ing J or Tiever had been j ofid therefore in ControV(rJtes of
that nature recourf mujl bee had unto the corrmm taw of
Rations Original or Secondarie ; "^hich taw certainly did
never admit of fuch a Trefcription or ufurpation of Title
over the Sea. Other matters hee hath of the fannc
kinde , beeing a very confident oppofer of any pe-
culiar Dominion over the Sea.
But in the year MD ClX ( it beeing the year
after that large Treatic held at the Hage betwixt the
Spaniard and the Hollander ^ about freedom of
Trade
0\vnerflnpoftbeSe.i. Chap. I If. ti
Trade and Navigation to the Eijl-Jndies ) there Was
publiilied that Book of Hu^p Grottus , encituled
M A R b L 1 B H R U M , or ^ dijcourf concerning that
(^i'^ht ^hich the Hollanders haVe to Trade in the Indies.
Wherein hee endeavor's firftto prove , that, by the
Law of Nations, there ought to bee fuch a freedom
of Navigation for all men whatfoever, which waie
they pleaC, fo that they cannot^ without injurie, bee
molelkd at Sea. Next, that the Atlantick and
Southern Ocean , or the Right of Navigation to
the Indies , is not , nor indeed can bee , any pecu-
liar of the Vortugalls : forafmuch as the Sea ((aith hee,
according to the 'Laws and reafons alreaiy men- ^^MariLibero
tioncd ) can in no wi/e hecom the Troprietie of any one ; ^^Jarem^
becauf nature not ondy permit's , hut require' s it (hould hee frium omnino
common. Several other paffages hee hath about this l^^^^^^lj!^^
matter, in his excellent Book De Jure ^elli <(sr pacts -^ ^lanama
of which more hereafter. Thus much in brief, ^^^^^nehoc
concerning thofe arguments that are ufually brought inhn\ Jed
againft the Dominion or Ownerfliip of the Sea. j«^^t.
The next thing therefore is to explain the ftnf of the
Queftion , and its terms,
What is meant by the word S E A ^ in the
Ouejiion. Jlfoadivi/tonof the LAW,
in order to the difcourf.
Gh a p. 1 1 1.
AS to what concern's the prefent Queftion j
Whether the Sea hee capable of private Dominion,
wee take the word C A P A B L E in the
fame fenf , as it was ufed by th^ Emperor Traian
C 2 iri
/
11 Book I. Of the Vomtnion, or,
^Flhi.UbAO. in an Fpiftle of h^s, to his beloved flime • ' Solum
Ffift. 5 9- feregyhu c'mtatii capax mn ejje dedkationis qud fit jUre mflro ;
%|e foil of a atange Cttte is not capable of fuel)
a oeoicatiott as ts maDe b? out Jlatb Moreover,
wee (hall explain what is meant by the b F A, ns allbby
thofe Terms of LAW and DOMINION. By
the SEA wee undcrftand the whole Sea , as well
the main Ocean oi Out- land Seas , as thofe which
are withln-land , fuch as the Mediterranean , Adriatickj
jEgean or Levant , ^ritijl) , and 'Baltick Seas ^ or any
other of that kinde , which differ no otherwifc
from the main, then as Homogeneous or Similary
parts of ihe fame bodie do from the whole. But
the Lauf (as it is the rule , meafure , and pointing
out of things lawful or unlawful) fall's under a
twofold confideration. Either as it is Ohltgatorie,
which is called alfo TrecepttVe j or as it is Termijsive^
which is alfo by writers commonly termed Con*
cefsive. As Obllgatorie , it is known by fuch things
as are commanded or forbidden , as to give every
man his due , not to forfwear , and the like. As ^er-
mifsive , it is fet forth by things whole ufc is nei-
ther commanded nor forbidden , but permitted ; as
in the very Adt of buying , feUing ^ infranchifcmcnr,
framing conditions of contradt according to the will
of the contradlors , and many more of the fame
nature. But both thefe kinds of LAW concern
either mankinde in general , that is , all Nations ^
b Lex com- or not all. That which relate's to the gcneralitie
munis mfub- of mankinde, or all Nations , is either Natural or
tMunaf 2)m>if. That is , either manifeftcd by the light of
maiibuf nature or the ule of right reafon , beeing elegantly
fcripta. Lib, Jefcribed by Tertullian to bee the ^ Common Law ^Vrit-
ae Corona J ; i • i r^ t
mi litis. tm throughout the Ti^hole Tt>orldy in the Very SooKs ofun-
ture
Owner/liipofche Sea, Chap.IJL 15
ture ; and by the Grecians called ' the Law of man- ^ kuv^^
kinde ^ and by the Civilians the Trimitive Law of Na- 'a^^t*»/!'
tlons ; or elf ic isf declared and jet down in thoie 'ihuQdJ.^,
Divine Oracles that have been committed to wri- J'^-^r*''^*
ting : Both which may properly be^ termed the
univerjal Law of Nations , or the Common Law of matu
kinde. And whatever is Ohl'mtork in either of
thefe , either out of the nature of the thing it felf ,
or rather from the antoricie of the father oi nature,
is reputed by men to bee unchangable ; according
to that laying fo often ufed by ^ Philofophcrs , 'Di- d Andronu.
vines , and * Lawyers , That the rights and Laws of ^hodm,
7iature are mmutahky Which cannot bee faid of the ^^/jjj^^
¥ennifsive Law , whether Natural or Divine , re- Eujiratm,
lateing to mankinde in general : for it is obvious '^l'^''^ ^/'l^-
to every man, that as Termtjsive y it mult needs bee <s.caf. 10.
various and changable , according to the judi^nnenc (^'cero,apud
and plealure or perlons in power ; and thereiore ui,, s.cap.s.
fubjedt to Repealings , Qualifications , and daily *= D.tbom.
Alterations . whereas in the mean time that kinde ^.'^"^^*''^"*
which is Obligitorie may admit AMt'wns or Ma^ge- an.^.&c
ments Cfuch as may fcrv for more certaintie and j^ff^at
convenience of obfervationj) but no Alterations ^ in ^.[edNm-
any wife to diminifh it's autoritie. Out of fuch '''^^'^•
Additions as are made to that which is Ohligatorie , arvl
Alterations of that which is Termifsive, another kindc
of Law takes it's rife , which is of a more narrov^r
Senf and Acceptation, and relates, not to all Nations
or the Univerfalitic of mankinde, but onely to fom
particulars thereof , and it is ordinarily well termed
^ofitive (as beeing pofitively ordained either by God ^
or men ^) Somtimes alfo it is termed ^Gv/7 , and deusjib.de
an Addition of right Reafbn. This (pofttive Law Jof^f'^h
may bee divided into that which is Angular and pe. ^,//// "
C 3 culiar
^ Injiit. tit. de
f atria ptef-
t ate -^. Jus
autem
' Demojithen.
Orat. contra
i^ Book I. Of the Vominion.ov^
culiar to any one particular Nation or SOcietie of
mankindc ( as was the ^ Law concerning Paternal
power among the ^mms , and the cuftom of the
' Athmlans touching the fame ; ) or into that ^y>h\ch
is received by divers T^ations, Again this laft is di-
Arijiocratem. yidcd into tvvo pattSj either into that which hind's divers
Nations \Qintly , equally , and indifferently , hy Jom common
obligation j or ell into that which hind's divers l>lations
or people , not jointly , and equally , or hy any common obli'
gation , hut Jtngly and hy Accident, And of this three-
fold kinde of ^ofitive Law , wee may call the firft the
Law purely Civil y as it relates to any one particular
civil locietie. The fecond the Common Law of divers
Nations, fo named from fom common tic or obliga-
tion betwixt them. The third the Law of fom or
divers Nations , Qvil or Dome/lick , by reafon oi thac
Domeftick and Civil tie onely , whereby they arc
bound fingly among themfelvs , without any obliga-
tion to each other in common. As for example, the
Laws of the X H Tables that were brought from
Athens to^me^ remained in force in both Nations, as
well in the ^mane , as in the Athenian ^ but nor by any
common or mutual obligation between them : And
therefore that Law of the X 11 Tables ought much
more properly to bee called the Civil Law of thofe Na-
tionSj then fimply of both Nations (in any (uch (enf as
import's a Joint-Intereft or Communion.) But as to
that which jointly concern's divers Nations by mutual
obligation, that is, the CommonLaw of divers Nations^ it is
divifible likcwife into two parts , to wit, into that
which is Imperative over divers Nations or people ,• or
that which is JnterVenient. By the Imperative Law of Na-
tions^ is meant that which is obfer ved or receives Autori-
tie among (evcral Nations or people, who arc fubje6t to
fupremc
Oxpnerjljip of the SeL C h a p . 1 1 1. 15
fupreme Powers that other wife arediftin6i:,andthisby
reafon of an Obligation e<]iially common to them
all, but derived from fom other, and enjoined by
fbm fpccial Command , either from God or man.
Of this kinde was that Law of the Dolopes, the Ma^m-
fians, fhth'tot^^ ThelfAlians, and other people of Greece, ^
who beeing equally obliged by the command of tnnlcuit
^ AcrifjM King of the /Irgms^ fubmittcd to thejurif- StraboULg
diaion of the grand Parlament or Affcmbly o( Am- ]^^^f^^['
phiByones. Of the fame kinde likcwife was that * Mi- <i^' Tm^s^Tou
litaric Law enjoined by God , not onely to the People r^^p^^j ^^
of I frael, hut alfo to the Canaanites with whom they 10.
were to wage war : For, they were both obliged by the
Autoritic of hirn that commanded y though after a
divers manner. And when any Nations , in obe-
dience to the Tope's Autoritie and command, do alike
fubmic to one and the fame Law, it may bee rightly
called the Imperative Law of Nations. But that is to bee
caWcJi thQ IfiterVenient Law of Nations, which take's
it's rife, not from any command impoled upon feveral
Nations in common, but through the intervention ei«
thcr of fom Compa6t, or Cullom j and it is com-
monly ftyled the Secondarie Law of Nations • The princi-
pal headi whereof are contcined in the Laws about pro-
cla'm'njr IVar^ Amha^k^ Trifomrs of War^ Hoflages^ %^^^ 4^
Remitter upon return from Captivitie , Leagues and (jVe-
nants, Commerce^ and other matters of that Nature which
ufuilly inccrve.^e betwixt divers Nations. For, as
much as in theie Laws here fpoken of, it is in feveral
Nations wholly compofcd of fuch Additions as have
been made to the uniVerjal Ohligatorie Law of Kati&ns^
2Lrid of inch iterations as have accrued to the Univerfal
^ermiliivey and no more may challenge the name of
Imperative ox InterVenient. And it is mofl plain, that the
refl
itf Book I. Of the Vommion, or,
rcfl: rctain's ftill the name of the Uniyerfal or Trmit'tVe
Law ofTSLations, Moreover alfo, thclm^erial Law, \;v\\ich
ufually take's place in all Controverfies about the afore-
faid Particulars of the Interl^enient Law, fo far as it
agree's with the Univerfal Law of Nations, Natural or
Divine, is to bee compriftd under the fame Notion 5
But as by the confent of (bme certain Nations, with
whom it is in ufe , divers principal heads and deter-
minations of it ( beeing no part of the Univerfal Law)
are fo made ufe of^ it moft clearly fall's under the name
of the InterVenient Law of/om Nations. Laftly, as it is re-
ceived and ufed at home by fom particular People in
their Courts of Judicature, it is to bee called the Law
QVd or Dome/lick of dtvers Nations, And thus having gi-
ven you a plain Scheme of the Law ^'m all thofe various
Notions and Acccptions that are to bee ufed in the
Controverfic; it remains that in the next place that of
Dominion or Owner flnf bee taken into confideration.
Of Dominion , both (^ommon to all , and
Private. Alfo its Original^ either by
Dijlribmiony or Trimarte Occupation.
^C H A p. I V.
Dominion , which is a Right of Ufing, Enjoying,
Alienating, and free Dilpofing, is either Com-
mon to all men as PofTcfrors with out Djfti nati-
on, or t^rivate and peculiar onely to fom ; that is to
lay, diftributed and fet apart by any particular States,
Princes, or perfons whatfoever, in fuch a manner
that others are excluded, or at lead in fom fort barred
from a Libertie of Ufe and Enjoiment. As to the tirft
kindc of Dominiony or that which is Common to All,
frc-
Owner/hipofihe Sea. Chap. If. \j
frequent mencion is made of it, in relation to that State
of Communitie, which was in antient times. And of
wh ich Virgd fpeak's in his Gcorgicks * * Georgia
Kec figmn quidem^ aut partiri limite Cam[>um
Fas erat j in medio quttrebant .
00} tbas It latbfttl mm tWt Eanns to bottno,
X^^P Ut3 ti m common M upon tDe ^^ounD^
— ^^ perVium cmBis iter ;
Communis ufus cmnium rerum fuit.
zn men migtjt pafs »)l)at voav tf)ep pieaf o
tocljttfe,
:^nD all things Ktim ejcpos D fo; common nfe.
10-/« ^AJMejfa-
And TibullUS % lam.Eleg.Uk
?\Zb« cfow«; «/7d /orf5 hahuit j nonpxus in agris,
(lui regeret cert is finihm arVa, lapis,
0m m not tt)en tbitt) no^es tt)etr J^oufeiS
butlD,
ilio? KDete tl)cp tuont itottl) ftones to bonno
tl)e 5f leio*
Many more there arc of the like nature. But yet
^ LaElantiiis would have them to bee fo underftood, mt ^ ^^^^^- ^^'
thaf^tejhoutd conceiV thatnothmgataW^as prtVate or pecu- feu de lujii-
liar in thofe dates • hut in a figurative /enf after the manner f'^- f^fo'»
of the Toets, to let m know that men f0ere then fo free and
generous^ that they did not hoord up the fruits of the Earth for
themfelvs^ nor dwd in an obfcure folitarie manner^ but admitted
the poor to partake of the benefit of their labors. And truly,
wcc finde divers palTagcs plainly pointing out this
ftace of Communitie, in thac Divine A(5t oF Donation,
D where-
iS Book I. Of the Dominion^ or,
whereby No^/? and his three fons Shem^ Qham ^nijafhet
(who reprefented as ic were the perfon oi Adam^ for the
reftoring of mankinde after the flood) became Joint -
Lords of the whole world. The form of Donation,
' c;e«. frtp 9- js cxpreflTed in thcfc words, ^ ^ee fruitful^ andmtdtiply
and replenip? the Earth. And the fear of you , and the dread of
you [hall bee upon every 'Beajl of the Earth, and every Foul of
the Aer^ upon all that moVeth upon the Earthy and upon all t^-e
f Erant Sa- pjjjy^^ qj i\j^ Sea^ tntoyour hands are they delivered. Alfo, Ju-
mni/com- ftin the Hiftorian (peak's aptly and to the purpo(e, ^ In the
munia & in- jg^ ofSatum (faith hec) all things Tt^ere Ti^ithout diHinHion
busveiMi common to all, as if all men had lived upon one flock or Tatrimo -
mum cunCm nie» From whcncc it cametopafs, thatinthtPcftivals
^ehniTT ^^^^^"'^^ ^'^ things were enjoyed in common. To
which Irkcwife accord's chat of Ctcero^^ No thing if prt-
li LturaUed ^^^^ ^^ peculiar to any by Nature -^ but either by occupation of
aut veteri ^c- old OS in the cafe ofthofe ^hofirU inhabited Vacancies • or Ttho
'X-Zdl ^''^^'' f'0^ h righto/ War and Conquejl- or by virtue of
in vacua ve- fom Law ; or byCompaB^CoVenant^ or by Lot ; Yet 'tis not
Yr^&^^^ probable^ that this kinde of Communitie was of any
OfficM,i- long continuance. But as fox TriVateDo}?iimon^ or that
diftnbution of Poflcfsions and Bounds which dc-
priveth or in any fort barrech ail others , bcfidcs the
known pofleflbr, froma libertieofufeandenjoimcnCj
they fay it was not in beeing till thofe golden daics
h Ovid ^^^^ ^ver. And fo, as the Poet fings ^,
Communemque prius^ ceu luminafolis i^r Aur^,
Cautus humum longo Jtffiavit Umite Menfcr j
5Cl)e cartD.as common onee as %istn ot Ztt,
%btv tw bp :»rtOili meafttte, bouno ano
It appear's alfo by holy Writ, that the Farth was di-
vided by the Pofteritie of No^fc/om Ages after the Hood.
Afetamorfh,
1.
Oivner/Jjip of the Sea» C £i a-p . IV. ip
'^Byjaphet and his Tons Ti^ere the IJles of the Gentiles diVuled ' gen.io.^.
in their L^'^nds reverie one after his longue, after their Families^ 5-^-5-
in their K^n'iom ; as ic is recorded by Mofes : That is to
fay J they (eccled themlelvs as private Lords _, .and ap-
pointed Bounds accordii^gs to the number of their
Families , from the River Tajiais even as far as the Ac-
Ian tick Sea, or through a great part of the Weftetn
/4/w,as it bend's towards the North, and throughout
all Europe, in like manner, Cham and his Poiieritie
poffefled chemfelvs of that Part which lie's open to
the South and ^outh-weft» as Shem did the Kaftern
Countries as far as hidia : As you may fee ic in Jofephm^
Eufebius, the Autor of the Chronicle of Alexandria^
ZonarcLs, Cedreuus, Eujlathins of Jntioch, Freculphus^ and
others. It hath been received alio by Tradition, that
Noal? himfclf, as if hee had been ablolute Lord or Ar-
biter of the whole world ^ was the firft man after the
Flood that revived this kinde of diftribution or private
Dominion J which they fay alfo hee did by Command
from God^ and that in the nine hundred and thirtieth
year of bis Age (vvhicb was three hundred and thircie
years after thefloud^and cwencie before his deach ) hee
confirmed ic by Will , and delivef d ic a little before his
death into the hands of Shem his eldeft fon,admonifh-
iog them altogether, that no manfoould in'Vade the Bounds of
his Brother^ nor IJjould they Tibmig one another ; hecaufit l0ould
of nece/sitie cccafion Difcords and deadly Wars among them :
As ic is exprefly mentioned , both in EufMws and Cedn*
drenus. But howfbever the matter hath been ; this is
very certain , that private Dominions ox Poffcfsions
were revived again after the flood, ijD ohe fame accu -
ftomed m. inner as they had been before frooa the daies
of Adam. For, hee alfo received fucb a ^ Donation from ^ Gen. ca^.t.
God , as wee have told you Noah and his Sons did ^»^^*
D 2 afterward.
20 BookL Of the Dominion, or,
afterward, and Co became Lord of the whole World^
not without fuch a peculiar poffefsion or proprietie to
himfelf which (fo far as wee are are able to judg of
Affairs of that Age, according to the waies and means
received by Poflericie) did exclude his children from all
Right, but by his voluntarie Grant or Refignation : But
yeCjWhether it were by Donation, Alsignment, or any
other Grant whatfoever,itappcar's Cbefore hee died or
left any Heir to fuccecd him) his children did enjoy their
feveral Bounds and Territories , in a way of peculiar
Dominion or PofTefsion. Thus Abel had Cactel and
Pafturesofhisownj as Cain had Lands and Plantati-
ons that were his own, Hee pofTefTed himfelf alfo of
ijofepbOrig. the Land ofNodotNaida ^ whereheebuilttheCiticof
ft^M^iib. ^^och^ and fettled his abode. After this, ^Exchanges,
jntioch. Buying, and felling came in fafhion^ and beddes
Hpem.fag. Weights and Mcafurcs, they appointed Judges of Co-
venants and Contra6ls, and added Bounds or Limits to
"^'XialL Fields and Paflures. And of Gm, it is faid, that ^" hee
firfl fet Sounds unto Fields. So at length came in private
Dominions or PofTefsions ; which Cwhether by vir-
tue onely of a preceding univerfal dominion of a
fingle pei fon , as in Adam ^ or of fom univerfal and
common intereft in Things , as betwixt Noah and his
Sons) hapned firft by the Donation, Afsignment, or
fom other Grant of thofe whom it concerned , cither
to Princes^ or Communities reprefenting a (ingle per-
fon, or to any others whomfoever, as particular Lords.
So that neither the Law Natural nor Divine which
was univerfal (except you pleaf to credit that Divine
Oracle faid to bee given unto l>(pah) hath cxprefly com-
manded or forbidden, but permitted both . that is to
fay, a common cnjoiment, as well as a private domi^
nion or pofTcfsion of the Things of this life.
But
OximerfhipoftheSe^. Chap.1V. it
Bli: in this divifionof Bounds and Territories, there
inrervenedjas it were,a confent of the whole bodie or
univerfahcieof mankinde (by the mediation of fom-
thing like a compadV, which might binde their pofteri-
tie) for quitting of the common intereft or antient right
in thofe things that were made over thus by diftribu-
tion to particular Proprietors ; in the fame manner as
when Partners or Co'heirs do fhare between themfelvs
any portions of thofe things which they hold in com-
mon. But as for the reft , which neither are pofleffed
in feveral ^ nor exprefsly held in common , that is ,
which have continued vacant or deicrt, what (hall wee
faie ? It hath been truly a cuftom of old , and which
hold's to this daie in the more eminent Nations, that
Vacancies are his who apprehend'sthem firftby occupa-
tion J as wee ufc tofaic of thofe wee call.wo mans Goods,
This appears plain in the Imperial Law ; nor do wee
know of any Nation where it is not received , (ave in
thofe where by the ^ CiVtl Law of fomlslations ^ any * Municipal
things of this nature are appropriated to their Princes ,
that their Subje<5ts gain not an intereft by occupation :
For there others have fufficiently difclaimed the acqui-
ring of any title by occupation • and in the prefent cafe
wee muft ever have refpedl unto this Qualification.
But as concerning (iich a right by occupation , there is
an antient and very famous decifion made in a Contro-
verfic that happened betwixt the people of AndrU and
Chalcidia, Both of them beeing upon an expedition
aeainft Thrace , for the finding out of " new habita- , „, , .
tions, news was brought that the Barbarous people had ^£ji. gt^c.
quitted the Town of Acanthus , hereupon, two men
were c!ioren,and lent out as Spies,thc one beeing of An--
dria^ the other of Qhalcidia, who beeing informed of
the enemies flight , began both to run , and ftrive
D 5 which
22 Book I. Of the 'dominion, or,
which of them fhould firft reach and take pofifeision
of the Citie thus forfaken. It happened that hee of
'Chalcidia out ran , but the man of Andria darting a Jave-
lin fluck it in the Gates : This cried out hee got thither
iitft with his JaveHn , but the other, that hee was firft
with his bodie. A controvcrfie hapning hereupon ,
the Erythr^eans , Scimiam , and Tariam ^ are called to de-
cide if. The Andmns had moH: voices ^ for the Samiam
and Erythratans gave judgment for them. But the Ma-
rians were for the men of Qhalcidia. The Reafons al-
leged on both fides arc very well defcribed by ° ^etrn^
•Kerum ju- ^rodim. not fit here to bee repeated : But in the mean
dtcatarum,lib, . . . -r n i' n i /- i * '
^. tit. 21. time It is manirelt ^ that all thole men, even thtpcr-
fons contending, as well as the Nations to whole deter-
mination the matter was cornmitted; were of opinion,
,that places abandoned apd forfaken becom theirs who
firft acquire them by occupation • nor is there any other
ground in rcafpn for that Law or Cuftpm , whereby
wilde-Beafts, f iflies , Birds and the like , whether yec
uuppffcfs't or relinquifht , becorp theirs who catch
them : which is ulual likewife , according to the
^Mifna & L^ws ^nd Cuftoms of the ^ Hebrews and ^ Mahometans^
Gemaramra- as Well as the Chrijiians* But now, if fo bee that all
mtziafaft, ^^^^ Wcrc indifFcrfntly and without diftindion Lords
&Maimoni' of the wholc , before a divifion was made of fom
du'mmiih' V^^^^i ^hen of necclsitie wee ijiuft conceiv,they all ought
naca^. i, to reinain, equally and without djiftindlion , Lords of
^Aimm. |.[^Qf^ p^j.fs which nevcx came under a divifion, even as
devenatu; & they wcrc before 5 uplefs fom Compact or Covenant
Azoari 34. intervene, whereby all kinde of antient Right or Tide
of common Intereft fliall bee (b renounced, that any
perfons whatfoever might afterwards becom particular
matters of thpfe places which Oiould remain vacant or
uncjifpofed , who fliould fiift corporally (eiz them ,
with
OiwerJJjipoftheSeu Chap. IV. 25
with an intent of poflefsing, holdings ufing , and in-
joying. Nor can it otherwife bee conceived in the
cale of Partners or Co-heirs ( fiich as all men feem to
have been in the State of Communitie ) how thole
things which com not under divifion, fhould not con-
tinue common , as before. Therefore ( I fuppole )
it muft bee yielded, that (bmfuch Compad or Cove-
nant was parted in the very firft beginnings of private
Dominion or poffefsion , and that it was in full force
and virtue tranfmitted to pofteritie by the Fathers, who
had the power of diftributing poffefsions after the flood.
So that wee may conclude no lets concerning diftri-
bution by Afsignmentjthen touching Scilure by occu-
pation of things relinquifh't at pleafure^that a general
compad or Agreement was made or ratified, either ex-
prcftly in words,or implicidy by cuftora. And truly ,thc
fclf fame thing feem's to bee the opinion of the mod
excellent Hugo Grotim "^ , who fpeaking of the original , ^
of Proprietie faith, Things became appropriate j not by the Belli ac fads
bare Aft or Intent of the minde {for fom could not know li^hat '^^- ^- ^''P- ^»
others dejired to poffi^fs , fo as toahjliin from tie fame j and
perhaps many might dtfire one and the fame thing ) but by fom
QompaSi and Agreement either txprefs^ as in the cafe of Di-
Vifion J or Tacit ^ as in that of Seifure or l^rimarie occup4*
tion» For as /oon as men grew out of lo^^e %'ith Communitie^
and no Divijim fi^as yet appointed, Ttfee mufl conceit they
agreed all together , that T^hat eVery mm held , hee p?ould
pofftjs as his own. And truly there is aparitic of Rcafon
alio for this ; that any man might afterwards make
Seizure of that which was left.
thi
24- Book I. Of the Dominion, or,
T^he ejfcBs of private Dominion. Jnd
rphat regard hath hem had of the SEA,
in the moreaniient Diflributions and D/-
vifions of things.
Chap. V.
BY the introducing of private Dominion , in the
aforcfaid manner , it came to pafs , that the
fame Territorie or Field , whofe ule before was
free for all men ahke in Tillage , Building, Pafturagc
cutting of wood , gathering of Fruits , egrcis and rc-
grefs , was either by diftribution or occupation fo pe-
culiarly appropriated unto the pofleflbr, that hce might
lawfully hinder fuch a Communitie of ufe and injoy-
ment , nor might any other man ufe it lawfully with-
out his permifsion. And from this Original Iprang
every Dominion or Proprietie of things, which cither
by Alienation , or any other kinde of Cefsion , is
transferrd upon others , or held by a continued pof-
fefsion j refpedt beeing al waies had to thofe particular
Forms and Quahfications , which ufually relate unto
Dominion , either by Law , Cuftom , or rompad: ^
according to the various Inftitutions of feveral people :
For by theft , the free and abfolute power of the Pro-
prietor , in what hee enjoie's, is lefned and rcftraincd*
but when this Reafon wholy ceafcth, then what the
Proprietor pofleflcth is fo his own , that it cannot
lawfully in any wife , without his conftnt , bccom
another man's. And all thefe things are derived from
the alteration of that Univerfal or Natural Law of nations
which is Termifsiye : For thence came in private Do-
minion or Poflefsion , to wit from the Tofuiye Law.
But
Or^nerJhipoftheSea. Chap.V. xy
But in the mean while it is cftablidicd by the Uftiverfal
Obligatorle Law^ which provide s for the due obfcrvation
of Co Tipasfls and Covenants.
Thefe things beeing thus premiftd , wee fliall next
fee what rcfpe^t hath been had unto the Sea ^ cither in
the very firft or any more anticnt Diftribution or Divi-
fion of things. For if it appear that the Sea alfo hath
been afsigned over with Lands , it muft certainly
bee confeilcd, that from the fame original there fpring's
a private Dominion of the Sea , as well as the Land ,
and (b that it is eq lally capable of the fame , with this.
And truly , in the diftnbution of Land which was
renewed after the flood ( fo far as wee are able to coUedt
by Tradition from the Antients ) wee finde no exprefs
mention made of any Sea, as a part alsigned : But
yet (bmcimes the Sea is added as a Bound to a part
afsigned. As where the part firft afsigned unto the
Sons of Cham , is extended from the Borders of
'Egfft through Africa, as far as Hercuks% Pillars , or
" unto the Wejiern and African Sea* And the Portion , ^f„Vd».
of the Coiiaanks (fituate within the Tcrritorieof the afudEufeb^
Sons o? Cham) is twice fo defcribed in the Samaritan '«^^'"•«'^*
' Pa2,' 10.
Pentateuch , that it is expreftly faid to reach froai the Cedrenm
River of Egypt or Ntlus , to the great River, that P'^-'o-
is, the River Euphrates ^ and ^ unto the utmojl Sea, or bpentateucb.]
the remotejl, which is the great or Weftern Sea. ^^^^l'^^\
Which laft Words are u(ed in the laying out of that ^nikterT
Portion which the Sacred Scripture mention's in 34» ^*
Deateronomie, Somtimes aUo , fom Seas may feem
to bee fo comprehended in the part afsigned , that
they appear to bee no Icfs afsigned then the Land.
For unco the Sons of Japhet wefe afsigned ^ thofe ^^^f'^'^
Countries "U^hich extend from Media towards the tiorth ciscitatk.
and the Weft , as far as Cadiz and the Iflands of Britain.
E Wee
26 Book I . Of the Dominion, or.
Wee fee alfo, that certain Seas are included vv it hn the
* A^ow called compafs of Afsignment as the ^ Aigean ^Mediterranean ^A-
the Levanc. dr'tatuk^ and Br/V//7; Seas : whether by Donacion, or not,
lAzee cannot fay. But in that antient apportioning of the
holy Land (whereof God hin^iclf was Autor) the Sea
feem's gather to havebeen accounted a boundaric, then
any part of thcTerricorie allotted. Concerning the South-
d Num. ? 4. Quarter ,thc words are thefej*^ The 'Bounds of it p?a!l ke the
3.5.6,7, 12. ^^^^^^^ ^^^^ ^i^y jj^ ^^^ EaHward^ And a little after .
The border p7all fetch a Qomj^afs from A:^onuntQ the^Ver
of Egypt ^ and the goings out of it (hall bee at the Sea. Alfo
concerning the >^eli-Quarter , its Border fhall hegin at
Sea^ <(sripfofine c/We^wr, atlD b? It It (fiall b^ bOUHll^
^D, as it is in the vulgar Tranllationj to which lenf
agreeth alfo the modern : But concerning this place, and
the reft here quoted, wee fhall fpeak more in the next
Chapter. Then it follow's, according to the true (enf
of tht Hebrew J And this p?all bee your T^orth- border -. From
the great Sea you /J^all point out for ymi 'Mount Hor. And a
little farther, fpeakingof the Eaft-Quartcrj Its Border
jloall defcend, and flodl reach unto theftdeofthe Sea of Chinm
nereth Eaftward j And the Border fl)allgo down again to'jor-
dan J and the goings out of it fhall bee at the fait ^ea : This jhall
bee your Land Ti>ith the Qoafls thereof round about. Which is
repeated almoft word for word, inthediftribution
eyo/&.c. 15. that was made by ^Jofhua : And in another place of
ho'.y Scripture , the bounds of the Dominion is faid
f p[ai.j2.s.^ to bee ^from Sea to Sea. But, fuppoie at laft it were
1' granted, that the Seas came not into tbofe more antient
diftributions of Territories, then it remain's next to bee
confider'd, whether they might not lawfully bee ac-
quired afterwards by Title of occupation , as things
vacant and derelid 5 that is, either by the Natural or
Divine uniVerfd Law which is fermifsiye^ or by the Law
of
'OwnerfhipoftheSe^^. Chap.VI. if
of divers Natms, (jmmon or Cml, which , in judging
matters of this nature, is the beft Interpreter of the w^-
turd Law which is Termif^ive» For^ if in the ^ermifive
which is Univerfal, nothing bee repugnant thereto;
or (which is in a manner all one) if by the TofitiVeLaw
oflSlations, fuch a Dominion of the Sea, as wee intend,
hath been introduced and admitted by the confentof
the more famous Ages and Nations-, then (1 fuppofe) it
will not bee doubted, but that the Seas are,by all manner
of Law, every way capable of private Dominion, as is
the Land.
^hat the Law of God;,or the Divine Oracles
of holy Scripture y do allow a private T>omi^
nion of the %ea. And that the wide Ocean aU
fo , which wajloeth the We fern Qoa^i of the
holy Land J or at leaf a confider able part of
it^ was y according to the Opinion of fuch
as were learned in the fewifh Law , an-
nexed to the Land oflfrael^ by the Afigna-
tion or appointment of(jod himfelf
Chap. VL
AS to what concern's here the Law of God, Wed
finde very plain paffages therein , which do not
a little favor a Dominion of the Sea. In that firft
and moft antient Donation of things after the Flood,
whereby God inveftcd ISlocih and his Pofteritic, in the
Dominion of the whole Earth (of which Globe the
Seas themfelvs are a part) and of the conterminous Aer,
iecmsto bee nootherwifc granted, then as mention is
E 1 made
iS Book I. Of the 'dominion, or/
made of the living Creatures , the Earth, and the Fowls
of the ASr. That is, by an exprcfs grant of the free
ufe and benefit of the thing, the thing it fclf was granted
orconfcried. Nor is the Dominion of the ica other-
•Ccn.9.2. vviie granted there, where it is faid, * The fear of you,
and the dread of you (which are Tearms fignifying Do-
n\mioi\) Jl?all bee alfo all the Ftjh. s of the Sea. L it tie different
jGw. i.28.y).Q^ r/jftj M t at Ti>hiihyt?a^ Jpoken to our firjl Barents y ^^e.
fltmjh the Earth and/uhdueit, and ha've Dominion over the
Ftjhojthe Sea^ and over the Fowl of the Aer^ and over eVerie
living thtng tht moVeth upon the Earth •* So here alio, the
grant of the thing it Iclf is fignified by its ufe and en-
joimfcnt. Tis confefs't,that thefe words were not meant
of private Dominion , or that which was not com-
mon to all men ; But yet it appear's iherAy, the Earth
and Sea did fo pafs together at fi.fl , and after the fame
inanner, into the common cnjoiment of mankinde,
that from this Donation or Grant of God, wee may
well conclude j that their condition , as beeing both
but one Globe, mufl needs bee aHkc, at the pleafurc of
men, in the future diflribution of Things, or the in-
troducing of private Dominion therein. Neither is the
Proprietie, nor the Communitie of either appointed
but both fcem equally permitted by the very form of
Donation. And therefore that is very vain which is
« Pjal. 115. objeded by fom % That the Earth is given to the children
*Pfl ^ ^^^' hut that ^ the Sea belongs onely to God himfelf- as
'if Dominion not common indeed, but onely a com-
mon ufe of the Sea, were permitted by the words of ho-
spfai, 24.1. 'y Scripture .• And as if it were not faid in like manner,
50.1 2. 89, * The Earth is the Lord's, andfulnefs thereof: The tops of the
''•^5a4* f£llsare his alfo. Who know'snot, thatfuchfayingsas
thele cannot in any wife weaken the Dominion of
Mankindc ? For, whatfoever is acquired by men, flill
God
OvpnerfhifoftheSea. Chap.V. 2p
God AlmighciCj as Father of the Univerl^ rccein's hi^
fuprcme Dominion both over men , as alfo all other
Things,, which never was denied yet by any fobcr
man. But the Controverfie is about the Dominion of
man, to wic, that which coroprehcnd's any cnjoimenc
or propriecic whacfocver, (aving ftill that right of the
Dominion of God, which cannot bee diminifhed.
And the diftinclion about this matter is very ordinaric
in the Schools: According to the firft fort of Dominion,
nothing whatfoever, much Icfs may the Sea belotig lin-
to men • According to thefecond, all things indeed are
or may beetheirs, which can bee apprehended, leized,
and pofleflTed. Add moreover , chat in the old Tcfla-
ment exprcfs mention is made more then once of fiich
a Seifure,po{refsion,or private Dominion as this where-
of wee Treat ; and thatas of a Thing lawfully brought
in ufe. There wee finde that the men of 'Tyrt were
Lords and Mafters of the ^httmdan^ and the Egjfftians of
the Alexandrian Sea. Concerning the ThMcian , faith
the Prophet unto Tj/rus ; ^ All the Princes of the Sea Jhall ^EzeckciS»
com down from their Thrones ^((^c. And they JhaS take up a ^•*^-
lamentation for thee ^and fay to thee, how art then dejlroyed that
Tlfajl inhabited of Seafaring men ! the renowned Citie^ tbhich
"^aflflrong in the Sea ! Here the Dominion of the Tyrians
at Sea is plainly fet forth- And in the following
Chapter ^, Thy borders are in the midfl or heart of the Sea j * c^^.a 7. 4.
as wee read it in the Hebrew, and slfo in an ** Arabian c/Autnddl-
Manufcript, which render's it to the lame purpofe - For, ana,
both the Greek and n:;ulgar Tranflation differ there from
the Original. It foUow's alfo thus- '^ All (he Ships of the '^^er^.s.
Sea tl>ith their Mariners yi^ere thine to occupie thy Merchandi^,
In flead of which lafl words, thefe are put in the Greek
Copies, i^} hf(T^oLg hxryMvj even Weflwardof theWefi,
or through a great part Cf the main or Wcftern Sea •, that
E 5 '^h
50 BookL Of theVomimoriy or,
k Cap 28 ^^' ^*^^ Thmcian or S)r/^w. Again , *" ^ecauf thine heart
t>er[.2. « lifted Up, and thou hajl /aid , I am a God^ J fit in the feat of
God, in the mid'Jl of the Sea. Hce threatcn's noc the Ty-
rian^ becauf hee had gotten him a Dominion over the
neighboring ^ea,but becauC bceing lifted up with pride,
hec had taken unto hirafelf the name of God. The Ty-
J jr. 2 rian is called like wift in another Scripture the ^ Sea itjelf^
and the flrength of the Sea. But concerning the Egyptian
Sea, another Prophet (peak's thus unto Niniye ; Art thou
better then populous Alexandria (in the Original the Citie
is called No, taken here for Alexandria) fifhich is fttuate
among the ^yers , that hath the ti?aters round about it^ f^hofe
^hes and firength (as it is in the Hebrew) or (as the
Greek render's it) *A^y}^, that is, "^hofe Empire or Ummion
is the Sea. Moreover , it feem's to make mention of
"P/.72.io. Kings of the Sea, as well as of Iflands- "^ Ihe Kjngs of
Tarfhijl? and of the Jfles Jhallhring prefents, ¥or, Tarfl?ip
n Hieron^m. or Tharfis in Hebrew fignifiedi the Sea, "^ as it is often
d ijai£ a. ^Qj^fg(fgj bQ^ij by f[^g Greek and Chaldee Interpreters.
Although Munjler , a man otherwife very learned,
fpcak's unadviledly upon the fore-mention'd place, and
will not have rharfts there to fignific the Sc2^Jjecauf({2L\th
hce) ^ings have mthing to do at Sea, hut rule onely upon Land ;
forgetting (what wee have alreadie told you) that ex-
prefs mention is made by E:^echiel concerning Trinas of
f p/.8p.a5. the Sea. With which agree's alfo that faying, ° I'^ill
Jet his hand in the Sea , and his right hand in the FlouJs •
upon which place /^im E;^r^ noce's,that God Almightie
afsigned the Dominion of the Sea there unto King
VaVidy That hee might rule over thofe that failed either through
f rj the Sea or the ^vers. It is written thus like wile in the
f btfp.4. ' Apocrypha j ^0 yee men^ do not men excel injirength that
hear rule aver Sea and Land^ and. all things in them} 'But yet
the IQn^ is more mightie ; forjne ii Lord of all thefe things
and
OMpnerP)ip of the Se.t. C h a p . VI. 5 1
and hath Dominion over them. And in another place, (aith
the An^el CO Eidras, ^ The Sea is fnina^ide place ^ that it ^Epr4x,/.t
Cap. 7
f/j/^k bee deep and great, !But put xafe the entrance Ti^ ere nar-
row, and like a ^Ver^ "^ho then could enter the ^ea^ to look upon
it, and have Dominion over it , if heefi^ent not through the nar-
row ^ The Dominion of the Sc2l and of the Land is
granted ahke in both thefe places. It is (aid alfo of King
Jhafuerus ; " That hee made not onely the Land , but all the Jflts *" ^/^'•'^'"•lo,
of the "tea to heco7n tributarie, which words truly do clearly
fhew a Dominion of the Sea •, for fo they are expreflcd
in the vulgar Edition , out of the Hebrew Original,
which is lolt But the Greek Copies are more plain rEy^4z j
there j ^ The t\ing '^rote to his Kingdom of the Land and Sea, li'%'^Zli-
Nor muft wee omit that oiMofes when hee blefled the ^'^'?''^^^, >"«
people J ' And ofTSlaphtali hzefxidy Naphtali ^all enjoy ahun • t Demeromm,
dance, and hee full Tl?ith the hie flings of the Lord-, hee fhall ^^f-^^-^^
poff^fs or inherit the ^ea and the South ; as the -njulgar aqii
the Greek do render that place. But by many others,
the Sea is taken there for the Weft-Quarter^ as it is often
in the Scriptures- Yet truly , it is clear thole word^
are meant of the Sea of GaliUept of the Lake of Tiberias,
not of the great or ^hmcian Sea, which lies Weft war 4^
becaufthe Land of TSlaphtali was fituate near that Lake,
which alfb is ofccn called the Sea. As it appear' s likc-
wifeoutofO?zWw^his Paraphrafe, where exprefsmen- .
tion is made of the Sea ofGenefareth^ called alfo the Lake
ofTifcWijy^ortheSeaofChinnereth^ and by this name it
paffeth with the falc Sea, or the Lake of Jjphaltites ^in the
"facred defcription of the Eaftern part of the holy "^^«^^•34-
Land. But the former place of Deuterommie is eironcoufly ^"
rendred by "Rupert the Abbot of tuitium ; ^ Mane isr Me-
ridiem pofsidehit, (ox Mare <(sr Meridiem, t)e^ (5supoll0fs k2.f.ir*
tOe ^o?nmg anti tDe;S)Otttf), fortlje^ea auD
t\jZ ^dUtt)» However^ it is clear (Ifuppolc) out of
the
3» Book I. Of the Dominion^ or,
the places alleged, (uch plain Teftimonies are found in
holy Writ touching fuch a Dominion of the Sea, that in
the mean time itnauft bee granted, that according to
the Uwrverjd Termifsive Law^ any man may acquire it as
\\ ell as the Land. And truly ,as for thofe places quoted
in the foregoing Chapter jConcerning the South,Vccftor
, Sea and Northen Bounds of the holy Land^ t' ey arc (b
underftood both by the Jcwifh Lawyers and Divines,
that they would have ekher the great or Thmicidn . ea it
felf, or at leaft lorn adjoyning pare of it to bee alsigned
alfo by God unto the Ifraelites^ as Lords ot it for ever j
of which point wee fhall dXcourf a little more fully.
As for that which is rcndrcd «there out of the vulgar
y vfque ad Edition, touching the South Border, ^ Js far as the riVer
*^^yttil & ^f %)f^ > ^"^ ^^ 1^^^^ ^^^ bounded by the fhre of the ^r^at Sea^
magni Maris the Hebrew faith, 4^ forretiicm yE^ypti.WXtO ttit 3Sti3Ct
hmre fini' 0f qggpp( ^or the North entrance of Ntius, which di-
vide^ Che Land oflfrael from Fgypt, at the ^ea) ^ ermt
exitus em in Mare, atiD tl)c goitigs out tljmof (ftail
bet into tI)C ^CSf ^o ^hat LonLerning that Borders
bceing bounded by the (hore (as it is in the vulgar) wee
findc it no otherwife exprcfled there in the Original.
Then, it is added next, concerning the Weft-border or
that which is at the great Sea, word for word out of the
Hebrew. As fir your Sea border , you may have the great Sea^
And let this bee your border , or let it bee your Sea bolder ^ or
border of the Sea- A nd there tht Greek Iiicerpretcr s render
it thus, you flmll have the hounds of the Sea^ or theyfhS bet
your bounds. The great Seap?alt bound you : wherein (af-
ter their ufual manner) they plainly follow the Texc of
the Samaritan Copie : For, there wee read it thus, And
you (hall have a Sea border. The great t ea [hall hound y^u.
Let this bee your Sea or IVeJlern- border» And thus the word
SEA beeing ufed as well for the Wcliern Quarter as
for
OwnerfhipoftheSea. Chap.V. 22
for che Sea it (elf, chat place is for the moft part fo ren-
dred, thac in io fhorc a period the Sea is taken for both.
As for the Wejl- Border , you jhall J7a'Ve the great Sea, And
this Border JJ?all bee your Wejl-Border. As it is cxpref-
fedbyche Jews of Spain ; y Termmo de ponente -^ y fi^<^
a '\^s d mar el grande • y Termlm ejie [era a Vos Term'mo de
ponente. Thus is alfo in Onkelus and Erpenins his Ara-
bick ; fave that 0«fe//^ render's ic thus , ^id your Weft-
border p?all bee the great Sea and the Border thereof ; the fame
Jhall bee your We/l-border. But an Arabian Tranflation
in manulcrip: , for which wee arc beholden to the Earl
Oi Arundel's Librarie , after chefe words, unto the ^Ver
of Egypt , adds alfo , And the going out thereof Jl?all bee at
the (jajls or parts of the Sea, And the Border of th Sea
P?a II bee yott< Border, Alfo the great Sea in their Borders*
Thi^ (hall heeyour Border from the Sea Coafi. But the North
part , as appear's by the particulars alleged in the former
Chapter, is bounded by mount Hor • fo that it ap-
pear's hence , that the more Northerly enterance of Ni-
lus , that is the felufiock ( as it fccm's ; for they are not ^ ingiojf^
well agreed about the very particular place) fcrvedin- cav!^^[ctnt
ftead of Bounds to the South part of the Land oi^inMm.^^
Ifrael, which border'd uppn the Sea, as alfo to that f^i^l^^^^Jf;.
part oi the Promontorie or foot of mount Hor , which attin, cap,i.
was ficuated North-Eaft by the Sea. But this mount M^*
is that which in the vulgar edition is called an exceeding Numer!'^^,
high mountain. In the Jewidi Commentaries it is ^«^^- J^^^ft-
known alfo by the name of ^mana , and Jmanon, and "^rn^^drkt'
Amanus , and by fbm it is taken for that mountain in w/w, Jacob
the Canticles , called ^ Jmana. And in the Jewifli Tar- ^^^ f^l^l^^
gum , ^ Manu^ is put; for mount Hor. It is taken alfo for chorografbi-
Lihanwi^ by fuch as in their * Defcriptions of the Holie '^J^l^^"^^'
Land, ate wont to make mount Ubanm its Northern Et vide Abu-
Border. But as touching this mount fi&r or Amanm H-^dNm,
F (of^^'^*''
nar. ad 72«-
mee. 34
34. Book I. Of the Dominion, or,
( of the fam: name with chat mountain, which but s
out into the Gulph now called Golfo dell' Aia;^^ahy
hgiojf. ordi- fom alfo taken for the fame ^ or rather mount Taurm)
it is defcribed af er this manner by Solomon Jarchius, it is
Jeated ifi a north weft comer. It's head bending downward ftret-
cheth out into the Very fea. And it is ^ aft?' tin divers places by
the main. Betwixt chefe Bounds, to wit^ the Southern
part ox ih^T elujiack entrance of N//<^, and the North-
Eaft Bound or Promontorie of the aforefaid mount, the
great fea,which is reckoned the Weftern Bound or Bor-
der, haivng divers windings and turnings along the
fhore,is flrctcht out in fuch a manner above 200 miles,
that if a ftieight hne fhould bee drawn from the North-
Eafl Border to the Southern , a great part of the Sea
that extend' s it felf within the line for (o many miles ,
muft needs bee intercepted- which al(o is very eafily
to bee undcrftood without the help of a Map.
Thefe things beeing thus premifed , briefly, but fb
far as the matter in hand require's , to difcover the
weftern part of the Holie Land , bordering wholy
upon the Sea , and that according to the judgment of
the antient Hebrews , not by modern Defcriptions j
it is to bee confiderd , tljat the Jewidi Divines and
Lawyers , when they difcourf about the precepts and
Laws belonffng to the Land of Ifrael , that is , of thofe
to which they conceiv themlclvs not bound by the
Holy Law , without the Limits of that Land , ufe
to treat very precifcly , even to an hair , touching the
Borders of their Dominion , as it was appointed by
the Command of God. To wit , touching the
Bounds of their Territorie , as the name Tcrritorie
fignifie's the whole , not onely Lands and Fields ,
but Rivers alfo and all other waters within the cir-
cuit of each Citie , as it is rightly taken alfo by the
«= Civil
Owner/h'poftheSe.i. Chap.VI. ^5
'Civil Lawyers. The Precepts fpokenof, are .c^efoUde
thofe which are received by the Jews , touching s^miuubiu
the oblervation of the SMMicall jear, oblations of Fruits, f"^'^^^ ^jf^
the LeVnical cujlom of Tithing , and others of that Hisronym- da
kmde. for by the Law of God , they will not yield J^""'^^ ^- '^^
that thofc things fhoald bee obferved out of the gu?idkcap.6.
Ifraelitifli Dominions , although , ^ by Tradicion of ^ 'f-
their Anceftors , they were ufually obferved in Egyj^t^ tilh7e]urT'
Jdum<cx, the Land of Mo^ib ^ and Shinar , both by Beiuiib.3.
reafon of their neighborhood , and the frequent ^Ddmi gif.
converf of the Ifraelits among them. But now fo dejudmii.
far as concerns the weft:rn or Sea-bordering of the ^■^^^■j
Land of ifrael, as it was afsigned at firft by God, haiach.Tbs'
in obfervinc^ Precepts of this kinde , according to ^^""oth c.-^f
the nolle Law , wee meet with two opinions in ziy Pr^ce-p,
their Comnnentaries , from both which indeed \t 4f^f"-^33-
will appear , that the Sea was afsigned by God
Himlelf unco the Ifraelices , as Lords thereof , in the
fame manner as the Land , though one opinion af-
fign's larger Bounds, the other mucli more narrow:
So thac they all agree about the thing, differing one-
ly about the latitude. The firft opinion is of thofe
who affirm, that the whole weftern Sea (as it lie's
bef jre the weftern Coaft of the Land of Ifrael or
as it is bounded inward by ftreight lines drawn on
both iides , from the North cafl and South border
before mentioned , through that Ocean into the
weft ) together with the Continent was given unto
them by God j and therefore that thofe Precepts are
to bee obferved in that vaft Ocean , as in the Terri^
torie of Ifrael, The chief Autor of this opinion
was an antient and very famous Interpreter of the
Law , by name ^abbi Jehuh , who alfo from the
t:x^:jrers words of the Holie Law above-mentioned,
F 2 concludes
^(5 Book I. Of the Vomin'on, or,
concludes that the wcftcrn Ocean , thus bounJed on
both fides, was afsigneJ. His Dodtrine is dchvei'd
after this manner , as wee findc it in the mod anticni
'^GmaraBa' Digcfts of the Jewifii Law. * What/oeVer he's direci-
by Ionia ad tit. L opboftte to the Land of Ifrael , it is of the fame account
libeUisbi' ^^^^ ^"^ ^^^^ 7 •'A^^S ^(^^ordtng as tt ts Ti>rittcn; * Js
vorti:& for youv WeflSorder ^ kt your ^Border bee ^ or ycu Jlmil
7afTf4s"a. ^^^^ > ^^^ ff^^^ ^^^* -^^ '^^ ^^^^^ ^^^ ^ border to you ,
/iew, H de- or your border» To Ti^it , the 'Border of the Sea , or of
mTnGmira ^''^ ^^ft' ^'/^ ^^^ CoUaterd Iflands fmate on both fides
Hierojolymi- in the fame direB line , fall under the fame accompt Ti?ith
Sh^biithfJu ^^^ f^^^ themfelvs. So that if a line ^ere drawn from
de Anno Sab' (jphaloria through the Ifles to the main Oceun , and from
batico,cap6. the ^Siver of Egypt to the Ocean, then that "^hichisVith-
^Nmer.:^l. ^^ the line ^ ts to bee taken for the 1 erritorte of Ijru'el^
^' and that ^hich lies tifithout t^e line to bee out of the Dominion
of Ifrael. The line drawn from Cephaloria , was di-
rected by the Promoncorie of mount Hor oi Jmunus^
as is (aid before : For that Citie was feated on tl e
top of that mountain, which is here theNorth-eafl:
Border • as it is obferved in the Glofs npon the
place alleged, and in many other. There alio this
opinion is thus explained. According to this opinion of
Rabbi Jehuda , aU that Sea ^hich lies oppofie to the
length of the Land of Ifrael , eyen to the main Ocean ,
Wtfl' ward^ lohere the "^orld it's [elf is bounded , is to bee
reckon d "Ufithin the T erritorte or Dominion of Ifrael j e\en
as it is ti^ritten , the great Sea , and your ^Border ( the
whole place wee gave you a little before out of
TSftmbers) Tifhere [^and your Border "^ is added the more
fully and plainly , to intimdte that the great and Ti?ide ^ta
is contauwd alfo fifithin it's ^ordtr. And it follows
there thus j between thofe little Cords or Lines (dired:-
ed^as wee faid , on both fides to the main Sea)
then
«I
Oypnerfjjip of the Sea. Chap. VI. ^y
there are IJlands belonging to the Territorie of IjraeL^
the Iflands and Waters have both the fame Law ^c^
Hence alfo the ordinarie Jcwifii Glofs upon thofc
words in Numbers , And you jhall haVe the great Sea ,
laith , The Ifles that are in the midd'Jl of the Sea ^ evm
they alfo are part of the ^ound or 'Border. But the Jc wifh
Paraphrafe is more plain there , And let your Border
bee the great Sea , that is , the main Ocean , and it's Ifles ^
and Cities , and Ships , Mth the principal waters that are
in it. Nor was it upon any other ground , that
5 Rabbi Aben-E^a, ^ RMy'i Bcchai ^ and others, con* ^ AdNmet.
ceived fo great a part of the Sea, did belong to the h^^2\r«wer.
Ifraelites by this a{signation,that they interpret the great ^ag, 199.
Sea alfb to reach through the Sea ''Tl^Dn ^^^^ ^^> ^^^ "^* ^*
Spanidi Sea, diftant lb many miles Weft ward from the
Continent of Ifrael. In both the forenamed places ,the
words are, The great Sea^to wit^the Spanijh. And your Bar'
der-^ as if it had beenfaid, The great Sea [hall beeyour poffefsim^
li>hich of it f elf alfo is your Border, But in the mean while ^
it is to bee confiderd, that the whole weftern Ocean as
far as the narrow channel of Cadi:^,\s by thq Arabians
and fo by the modern Jews, who were their Difciples,
indiflFerendy called the ^mane Sea^ mare Al-jhem^ or the
Sea oiDamafcws (that is the Syrian Sefa j mare M-Andalus
( or the Spanifh) and laftly, the mediterranean Sea 5 the
whole beeing denominated from the Coafts of fom
particular Countries : As it may bee clearly collected
both out of the Nubian Geographic , as alfo out of
the Geographical Abridgment of ^ Abu Elchafen Hali an h ms' in
Arabian. But this is mod certain , that the name of BibUotk^ca
the Spanifh Sea hath been ufed here by the Rabbins,not ^''^'^"^"
from inch a promifcuous or common denomination of
the Sea j but according to the explanation of fuch an
antient Afsignation of the Dominion of Ifrael as wee
F I have
38 Book I. Of theVominion, or,
have mentioned. And fo this firft opinion would
have the whole Weftern Ocean, as far as the ftreights
of Cadi:^ , which the Antients thought the ucmoft
Bound of the world , to bee reckoned for tlia: part
of the Terntorie of Ifrael, which is included within
the lines drawn from the Promontorie of mount Hor
or Amcin'M and the entrance of Telufmm , into the Weft.
But by the other opinion , which Item's much more
agreeable to reafon , it is determined , that the Divine
Afsignation of the Territoric of Ifrael is comprehended
indeed within more narrow Bounds of this Sea , but
yet Sea-room large enough : fo chat according to this
opinion, the North and South -Borders do end at the
very fbore, or at the utmoft point of the faid Promon-
torie^ North -Eaft, and at the entrance ot ^elufium^
towards the South ; not ftretching any farther , into
the Weft, But indeed the Autors ot this opinion
would have a ftrcight Hnc drawn from that Promon-
torie to the entrance of Telulium , to wit from the
' North-Eaft into the ^outh, thereby to limit and bound
the Weftern part of the Dominion of Ifrael • To that
what portion foever either of the Sea or the Illcs fhould
bee comprehended within fuch aHne, or lie on the
Eafl: fide of it, the whole were to bee reckoned a part of
the Territorie of i(rael , as well as any Coaft upon the
Continent or main Land. And fo after this manner,
the aforefaid line,mcluc!ed within the nooks and wind-
ings of the fhore of that Territorie ( poffeffed by the
^inGemara Tx'ihts ol Jjl^er , Ephram , Dan, Zabulon,2LnA Simeon)
Babyiowciad ^^g fituatc before very large fpaces of of theSea^for
feudeiibeiiis above two hundred miles • and luppoled to bee of
Divcriii& the fame accorapt with the ftioreit felf. In the Di-
o?us/"Ji!i. g^fts of the Jewifh Law, this opinion is explained
f<^''^- thus 5 'That it may bee known ^hat corns mder the name
of
OvpnerJJjipoftheSe^. Chap.VI. jp
of the Tenitorie of Ifrael^ and Tthat is to hee reckoned out of
that Territorie (as to the North- Eaft and Weftcrn
bounds-) Tifhatfcever is Jlretcht forth on this fide and 'Within
Mou7it Anwui^ , is the Territorie of Jfrael, And that Ti>hich is
pi tad beyond that Mountain, is T^ithout this Territories
And jo hy the fame reafon it is to hee determined touching
the Ifles of the Sea that are feated oVer againfl that
Mountain. Let a fmall Cord or Line bee drawn oyer thofe
Ipanis^ from Mount Amanus to the river of E^ypt-^ that
is conteined Vithin the Line ^ is the Territorie of 1 frail -
but that ^l.ich lie's Ti^ithout the Line ^ is no part of that
Terrttore. With this agrees that of ExeKtel, concerning
the Sea-Coaft of the holy Land, after hee had defcnbcd
the South part which is near the Sea- ^ The Wefl fide kEzehcap
alfo [flHllbee] the great Sea from the border till a man 47.20.
com over againfl HamatL This is the Wefl^ or Sea*
fide ( or Coaft.) The vulgar read's it thus, The great
Sea alfo f?all bee its Sea border, flrait along from the border
till you com to Emath, This is the Sea fide : Which the
Greeks render thus j rSro rl /^i^o^ vvtos (£ A/'-sJ.- This
part is South and South "^ejl , according to the tran-
flation of the fore-going words. Then , according
to what hach been alleged out of the Hebrew, itfpl-
low's in the Greek , This is part, or this divide's part of
the great Sea, untillaman com oVer againfl the entrance Ttfh'tch
lead's to Hemath^ even to the entrance thereof Thefe are
they iphich lie near the Sea of Hematk So that every
Tranflation fpeak's to the fame purpofe. But that
which wee have added to the Hebrew , agrcc's both
with the Chaldce Paraphrafe, and the Expofition of the
Spanifii Jews. Moreover , Solomon Jarchius expound's
it there after this manner, according to the doftrinc
of the Ancients . From the South -Corner (for, lb hee in-
tcrpret's this word, from the Border) t^hich is the river
of
Ao Book I. Of the Dominion^ or,
of Egypt J till a man com over agamft the entrance '^hich lead's
t6 Hamath 5 that isj to the Corner fuuated under the Norths
IftW?, TUfhich 15 the Very Mount Hor over againjl the entrance
unto Hamath, For^ Hamath Ti^as Jeated on the NorthTi?eJl
fide near Mount Hor. And fo that which is cut ofFhcre by
the Border in a ftrait line t^s the n^ulgarhzth it) drawn
from the entrance of Niks to the ProiHontorie of
Mount Hor , contcin's no fmall portion of the Sea
as afsigned unto Ifraeh And this later Opinion is the bet-
ter received , whereby onely the nearer Parts of the Sea
4fC , by God's appointmtnt, conceived to bee in the
very fame condition with the continent • as appear's
not onely out of the more ahtient DigeHs^ or both Vo-
lums of the Talmud J but alfo by the Tcftimonie of tho(e
1 Haiach moft learned Rabbins, ^ Mofes Maimonides and "" Mofes
Thcrumotb, Qyt:^enfis^ befides others of a lefs account, who in exprefs
tionibus, c.i. tctttis imbraceit.Alfo,accordingtoboth thefe Opinions,
«n Pr^ceft. (jhat is irt ffje mean time of fufficient Autoritic, which is
^^j7W4r. ^Jelivei'd in general terms touching the beyond -Sea
° jdTit, Provinces, by " Solomon Jarchm, ** ^ahhenu Nilsim ,
f!f!u,^'^^' ^ Ohadiah 'Bartenorius , and others; to Ipit.Thaf^hatfoe-
o M Alfbe- Ver lie's fttithout the Territorie of Jfrael^ that lohole TroVince
^d^'^^T^' orGV/> is often comprifed under the Notion rf the Sea, except
vAdMifnai- Bahylon, After the example of the Sea-Provinces, il-
oth, tiuGif tuatedafat off in the Weft, without the Lines drawn
ubi&vide ^ccording to this or the other Opinion , the Mediter-
Kabbi Jom fancan Proviuccs and Cities alfo, which were feated
in other remote Parts, without the Borders of Ifrael^
have in ftead of beeing called a ftrange Land , been
termed the Provinces or Cities of the Sea. Which
point is very well handled by <f(ahhenu Nifim in the
Former place. But as thefc, which were feated without
their Territorie in the continent , were onely by the
faid Cuftom of fpcech called Cities of the Sea, fo alfo
it
Omier/Jnp ofihe Sea. C ri a p . VI. a\
it is clear by vvhac wee h.we fhewn you, tnat accor-
ding to the fame way of (peaking ic is granted, that
other Cities alfo within their Territorie were feated
in the verie Sea. And (oat 'length, from both the
Opinions^ here recited , wee have fufficiently proved^
that fuch an Expofition of the divine Afsignation waj •
received by the anticnt Interpreters of the Jewifh
Law , to whom that Afsignation was made, that they
made no doubt but the Sea was every jot as capable
of private Dominion , as the Land ^ and (b reckoned
thole lilands placed in the neighboring Sea,as belonging
to the Territorie of Jjrael , bccauf of their Dominioa
over the Sea that did flow between them. Nor doth
it hinder at all, that in their Afsignacions or Diftri-
bunons wee fo often finde this Particle «/^«e ai Many
unto tl)0 ^Cfl > as appear's in the former Chapter j
or that the ^ea was their Border. For, the word ufqut^
until or Unt0> is not onely often *^ includve, but al- q BartoUd
fothe Borders or Limits thcmfelves are "" many times iib.-^^Sa^
all one with the thing limited ; after the fame manner XZ^at.2'.&
as all Bounds that are bounded. Touching which ^- ^"pt£ ff.
Particular, both the Canonifts and Civilians are very ^^/'"'''''""
Copious ,. as alfo the Jews in thole other Particulars ^ Arcbidiac,
alreadie mentiond. And therefore wee conclude out ^"-^-^^^^^fi-
of the Premifles , that neither the Divine L^m^ which Hieronymus
is miverfal: nor the Tofitive . as it appear's, in Scrip- <^eMontejib.
. U T . • L J r^ deFinibus
cure , to bee Imperative or to have a command over fora Kegundu,
certain Nations (for, there is a true picture of the/m- 2$.
perative Law in the aforefaid diftribution of Bounds )
doth oppofc a private Dominion of the Sea 5 but that
both of them do fufficicntly allow it- and aflford alfo ve-
ry clear examples of fuch a Dominion (if wee may be-
liev the Jews thcmfelvs.) In the next place then , let us
conlidsr (what is yet behindc) of the Law mtural and of
Kations, G That
y
4.x Book I. Of the Dominion, or.
That the natural-Permifsive Lavp (whereof
any ufe may hee in this place^ is to bee de^
rived out of the Cuftoms and Conftitu-
;• tions of the more civili:^ed and more noble
Nations, both antient and modern.
Chap. VII.
AS to what concern's here the Law Natural^ as one
head of the miyerfal or ^rimitm Law of Hatiom^ in
our fornticr Divifion of the Law, commonly de-
rived from a right and difcreet ufe of Reafon ^ that it
doth in no wife gainlay a private Dominion of the
Sea, but plainly permit it, wee fhall prove hereby j be-
^aufby the poJttiVe. Law of t{atms of every kind^ which
is humane, (for wee have alreadic fpoken of the Divme)
to wit, as well by the Law CiVtl or Domeftick of clivers
Nations^ as the Qomnton Law of differs Nations^ whether it
bee Interyenient ^ or Imperative-, that is to lay, by the
Cuftoms of almoft all and the more noble Nations that
are known to us , fiich a Dominion of the Jiea is every
where admitted. It is not indeed to bee denied, that
a right ufe ofhumane Reafon, which ufually ferv's as
an Index of the natural Law, cannot well bee gather'd
from the Cuftoms of feveral Nations , about things
Divine or fuch as relate unto Divine Worfhip. Nor
are the Points either ofthe Ohligator'te or ^ermi^ive kinde
of natural Law relating thereunto , to bee thence de-
termined.' For, it hath been the common Cuftom of
men , in all Ages and throughout all parts ofthe known
World, to conclude of fuch maters, either without exa6l
.^^ and convenient exammation, or elf forthefcrving of
^ their
0 "^ner/Joip of the Se^, C h a p c VI 1 . 43
their own Intercfts, or elf to Riic with thei.umorand
difpoiltion of the people whom they are to rule ami
keep rn order j as do the Pagans, Mahometans, and
others of that Ibrt, as well modern as antieot. And
therefore AntiHhenes of old taught well and boldly at
Athens^ ^ as many other Philolopjiers have d'^n, Topulares » Cicero 'de
Deos effe multos , fed naturakm umm pff', Xljclt tl)0t0
aw mmv jltiatlonal ©oDS^ano but one ijiatural,
coiurarie to what the moit ulual practice ui ncicn and
Cuftom had introduced among the ordinarie fort of
People. So that as of old in the Jewif? Church, Ip alfo
in the Chri/lian , the ufe of humane Reafon among the
vulgar, though free in other things, yet when it dived
into the contemplation or debate t)f Religious matters,
it hath often been moft defervedly reftrained, by certain
fet- Maxims, Principles, and Rules of holy Writ,as Re-
ligious Bolts and Bars upon the Soul j left it fhould
wanconizc and wander , cicher inco the old Errors of
moft As;es and Nations, or after the new devices of a
rambling phaniie. And truly, fuch a courfasthishach
ever been oblerved in Religious Government. But ia
fuch things as are meerly humane, and fo humane that
they refl-tl only upon matters of durie betwixt man and
man, and are not forbidden by any command of God
(of which kinde you cannot fo much as imagine any
thing more plainly to bee, then a diftindtlon of the Oo-
minioa of Territories , and the manner thereof which
is wholly grounded upon the confent of men) that
which fhall bee permitted by the Law Natural ^ is no lefs
rightly determined by the Laws, Placarts, and received
Cuftoms of divers Ages and Nations, both antienrand
modern, then it may bee collected what every Clime
will or will not bear, by the diligent obfervation of
Countries, Shrubs, Trees , Plants, and other things
G 2 which
44. Book I. Of the Dominion, ox,
which belong unto the bodie of Husbandrie. For, as
which wiong uiuu , . jfy ha private Domi-
„any Nations as have «'^"^f^^'^^J a Law Civil or
nionas wee mqaire after whether t^ ^^
^""c'^'llh^rnr^hb rSL^ areeithcrtobce
C er" d aaainft Nature. Concerning the U. Natural.
S Sfai h " 2«!^ natural^ ratio mUr omnes l.mma
ijui mu- -J,' Gentium a-iaft qmjireomne! Gnm «'«"^«'^, *«^»Jf *
tMtxi thciLaU) of nations, as it lUEte cp a
AdgJ.n- Gentium ratloM natural, "«"^ <"«''" j'f 1^ nAtUCal
are all >^=^'^'°"' j^ '' ' ^jj V;„ vvhat Cufloms they
nv there are, much leis Uj^uu v
kL< Mr«d No. IS *» in any »* '"""f. '" •»'
s^"r om „o™,*ii,nj,„g ."^»« " jX",:
TKm Votninot
OmierJJoip of the Sea, Chap. VI f. ^.5
Cuftoms of all Nations j but cipccially fteing fom
arc not wancing who
nm faJera Legwn
ttUii colunt , placfdas aut Jura tenent'u mentes -^
S2li!)am mitfjer league no? laMul compact
binDeS;
iiio? 2tatt)S tW ^«le anD pacific men's
minDes^
as hce (aich '^ of the 'Bebrycians^ That there have been d rai. fUcc,
fom fach Nations, iscxprefly recorded a'fo by " Jri~ ^rgonautk,
Jiotle. And Salujl , out of the mouth of ^ Hiempfal^ ^Nkomack
faicii conccrnins the Gttuli and Libyans, the anticnt lib.j.uf.s.
Inhabitants of /^/r/c^, Neque moribus ^ neque Le^e^ neque .^'J/j/^o. ""
Imperio cujufqum regehantur , Xl)CP BjCte tUlCtI nCl*
t^er bp Cuftom . no?bp JLatt), no? bp tfte com-
manb of anp* And m another place concerning
the ^ Aborigines j Genu^ hminum agrefte , fine LegtbuSy ^ ^« f"";"-
fine Imperii , //forww ^f^«e Joktum ; :^ tUbe fO?t Of '''^•^'^'^'"''^•
men, tbitftoM Jiatbs, ibrtliottt (l5obemment>
ftce anb btfifOlUte^ Iher-cforc wee mult have re-
courf here unco the more civihzed and rpore emi-
nent Nations of the paft and prefenc Agc,and offuch
whofe Cuftoms wee are beft acquainted with. And
among them truly ^ not onely fuch as thofe very
Nations, whom it may chiefly concern here, have
ever highly efteemcd ; but al(b thofe Nations , who
are concerned at prefent, fliall bee proved compe-
tent WitnefTes.
But of the Teftimonies , that wee intend to ule
there is a twofold kinde. Som arc thole which flie w,
that a Soveraigntic and private Dominion of the Sea
hath been by Hiftorians and other Writers , almoft in
all Ages, acknowledged and granted to Princes,
G 3 people
46 Book I. Of theVonilniony or.
People, and others. Ocher Teflimonies there are
which dcmonftrate out of Lawyers, alfo by Leagues
and Treaties , and other particulars of that nature,
that fuch a Dominion of the Sea, is in Ijkennanncr
agreeable unto Law. Both which wee intcrweav ,
as the order of Things dired^'s us. But yet fo , that
what matters , either of Fac^ or Law , do appertain
u to the Sr/f///; Sea, are wholly pretermitted in this
collection of Teftimonies , with an Intent ro difpofc
them apart in the fecond 'Book And fo at length it
will bee very clearly manifefted together, both what
the CtVil Law of]>l<itions, as alfo woa: the Common Law
of divers, ]S[atms -^ andlaftly, whx^tht natural perwijiive
Law (which in this cafe is to bee drawn out or the
Cuftoms of Nations) hath determined touching pri-
vate Doaanion of the Sea.
The manner 2 Mphereby ^/?^ Law Permifsive
touching prhate Dominion of the Sea , may
bee ^raivn op t of the (^ujloms of many Ages
and Nations. 7 hat there were Teflimonies
hereof manifefl enough in the Fabulous
-Age. Jlfo^ a ivord Ipy the ivay, touching
the Mediterranean Sea in pcjjtfsion of
the ^maneSyWhcn the Command thereof
ivas cornmitied to Cneius Pompeius.
Chap. VIH.
THe Ages,outofwhofe Monumen\sand A<f>ions
thcaforefaid Cuftoms, determinations, and De-
cree's of People and Nations, are to bee derivt d,
I divide into two parts. Into the Fabulous Age , and the
Hifloricul,
O^^nerfhipoftheSea, Chap. VIII. ^7
HiflorkaU But wee do not, according to Varro, call that
EiWow^ which wholly preceded the beginning of the
Olympiads.^ but that which is obfcured onely by the moft
antient Fables , at leaft under a fabulous Reprcfen-
tationj The Htflorkal beeing in the mean time di-
vided into that which is more antient and compre-
bend's the Culloms of fuch Empires and Com-
mon-wealths as expired fom Ages part 5 And into
that which is modern , and fhew's the practice of
thofe Nations , in the prefent cafe , which are now
in Beeing. But in applying our felvs unto the fa-
hulou4 Age^- wee do not ground Arguments upon
Fables , as they are meer Fables ; but wee raanifeft
Hiftorical Truth out of the moft antient Hiftorians,
though wrap'c up in the myfterics of Heathen Priefts
and Poets. For, (as * LaBantm faith well) even ^ Tte fal[a
Thofe things -^hkh the Toets jpeak are true , hut coVerd /^/.^l^'/^'j j,
under a certain Veil or Figure, And yet they have fo Veiled
the Truth t»ith FiBion , that the Truth it (elf might not
takeoff from the common belief of the People, They write,
that in the fabulous time afore- mentioned, the Ti-
tans beeing fubdued , the Brother-Deities , Jupiter^
Tluto^ and Neptune , divided the world by Lot • And
that Heaven was allotted unto Jupiter ^ Hell to fluto^
the Sea to Neptune. But omitting thofe Trifles,
whereby the vulgar fiifFered themfelvs with patience
to bee cozen'd , touching the Heaven or Ski.e , the
kingdom of Hell or of the dead^ and of the whole
Earth's beeing common , after this divifion , to all
the ^ Brothers, fom of the Antients have taught, that ^ Corner*
the Truth it felf which lay couched in this Fable, r/uo',^"^'
was quite another Thing. They fay thefe were not
gods, but men,- Alfo that Jupiter was not King of
Heaven, but of the Eaftern part from whence the
Light
citato.
4.9 Book I. Of the Dominion^ or.
Light fitft dawn's upon mortal men ; by which means
alfo it fecmed the higher pare , and therefore was
called Heaven : And that ^luto was King of the
Weft, which point's at the Sun's letting and Night,
from whence it was (aid to bee lower and Hell. Laftly,
that Neptune was Lord of the Sea and the Ifles (catter'd
therein. Thus it appear's here, that a private Dcmi-
nion of the Sea, no otherwife then of the Land, arofe
from Humane diftribution. And that the cafe flood
thus, it was affirmed long fince by Euhemerus Mejje-
nm, an old Aucor in i is Hiftorie of the Affairs of thole
men who were fuppofed gods, recorded and tranflitcd
c Loco jam by Enn'tuS' For ^ LaBantm Ukh thus -^ "" Qonarnvig'the
lot or fmre of Neptune , it is manifejl I fay, that his KtHg-
dom Tifas Juch as %>a6 that unlimited command o/Cncius
Pompeius^ yt^hojhy decree of the Senate J?ad /iutoritie gi'
Ven him o'Ver all the Sea-Coajl for fupprefsing Tirats , and
fcourmg the T^hole Sea* Thus all things belonging to the
Sea toith its Iflands fell by lot unto Neptune, ^ut how
may it bee proved ^ To W , by antient H'/lories, Eu-
hcmerus an eld Autor , T0ho ^uU of the Citie of Mefsina,
hath colkBed the Affairs and AtchieVmeuts oA Jupiter and
others that are reputed gods^ and compiled a Hiftorie of thfe
f acred Titles and In/criptions that fi>ere found in the mojl
antient Temples, and ejpecially in the Temple of Jupiter
of Triphylia , Habere a golden Tiliar Ttpos placed by Jupiter
him/elf, as appeared by the Infcription : Upon ti?hich Ttllar
hee li^rote his own AElions , that it might remain a Monu-
ment of his Affairs unto Vofteritie. This Hijiorie Ennius
did both tranflate a^d follow , t0hofe Tipords are tlefe ; Ju-
piter grant's the Dominion of the Sea unto Neptune , that
hee might reign oVer all the Iflands ^ and all Places near the
Sea, But both the Tranflation oiEnnimi' and the Com-
mentaries themfelvsof £«/;ewer^, are utterly lofl ; nor
is
0\vnerJJ)ipoftbeSe4\ Chap.VIIL 45^
is it to bee thought , that they were loft without
the knowledg and delign of the chief Pricfts oi Ju-
piter and other Deities. For, doubtlefs whatfoever
had been written touching the Originals of the gods,
was fo much the more odious , by how much the
more it did lay them open, and difcover, that thole
great Names which were magnified in their Chap-
pels and Temples, were taken out of the Lift ei-
ther of great Kings, or Heroes , and obtruded upon
the credulous vulgar. For, from hence it was, that
EuhemerMf with Dkgoreis and (bm others, was branded
an Atheift , who is ufed as a fingular Aucor , not
onely by LaElantim, but alfo by Clemens JlexandrimHy
Eufebm, Augufl'm, Arnohm^ and others j to whom wee
know very great credit is given in thofe Arguments
that are pieced together againft the vain Theologic
of the Heathen. It is ( I fuppofc ) the fame man
that is called by Tlutarch ^ Tegeata , when bee is dj)sTUdtig
ranked in the (ame form with Diagoras. But hee is PhHofofho-
by the fame Autor called Mejfenm , when as bceing ^"J"' ^'^- '•
very obftinate in the * (uperfticion of his Anceftors,
hee brand's him as a great Patron of Impoftures, and l,V^^ff'
beeing induced (it fcem's) by hatred againft Euhemerus, ^ o/md/.
hee conceit's there never were any fuch Nation, as
the Triphylians or Tanch^ans^ whereas ^auch^a is an iii,J^ ^J^^*
Ifland lituate about Arabia in the more Southern O- afudEufebi-
cean, wherein £Awertt5placeth the Temple of J«/?ifer ^^ £^J^^^^
TriphylitiSj from whence that Storie touching the Do- ikMb.2,c.^.
minion of the Sea was taken. Truly ^ DioJor^ ufeth ^J^/.^^^jd-
him alio , as a grave Autor. A late Lawyer al(b gr^ch Hi-
make's ufe of that Neptune in Homer, ftomis.Ub.i,
* caf »11.
H Swt
50 Book I. Of the T>ommon, or,
©«t of thofe things which were dtUributed by lot , I haye
taken the ^>^ for myp?are, that I might dwell therein for
ever ; fo hee tranflatc's it, that hee may with the
more confidence take the whole matter related
concerning the three Deities, as meant of T^oah's
, - r ^L. three fons. His words are thcfe . s Id prcculdubio
ander, de In- tx partttione terrarum inter tres pltos Noacht , ex quibus
fuiisycapii. Japheto InfuU obvenerunt ^ cau/am traxit , ^t 1113?
^ ^^ M)itl)Dm duettion bee ptoljeD ftom tm pat::
tttion ofHantis l))i)icD Xbag mane betXDirt
Noah's tl)?ee foniS «jljerebp ttje jOes of tDe
^ea fell to Japhet .
h G?e«e/?x So that in that fable hee would have ^ the Domi-
^°* nion not onely of the Ifles, but alfo of the Sea, to
bee afsigned unto Japhet. But that which LatUntita
faith touching the unlimited Command of Tompey,
as parallel to the example of 2^£"/?^w/jg.r Dominion,
it is fo to bee underftood , that regard bee bad alio,
as well of thofe that gave the Command to Tompey ,
as of him to whom the Command was given. As
for inftance , the Cilicians had infejled the Seas ( as
f lotus faith) and haVtng fpoiled commerce ^ behaving them'
Jehs like enemies of mankinde , they Jhut up the Sea "^ith
warr as it were a tempejl. Therefore the Romans, have-
ing a fpecial eye to their provifion of Corn , did
by a decree of the Senate, procured by Gabinim ,
Vomdt& ^^"^ ^"'^ ^mpey to 'free the Sea from firats. And
A^fmui there was granted unto him by that decree , a Com^
^^^M't^"' '^^^^^ ^f ^^^ ^^^ ^^^^^^ ^^^'^ 'Within Hercules* s pillars j and
daticis. ^V^ ^ftl^^ continent about 400 furlongs from the ^ea.
Hereupon , bceing matter of a huge Navie , and
having difpofed divers Lievtenants through all
parts of his Command, Hee fo fcoured the
whole Sea ftom the ftraits of Cadi;^ to the Cilician
fliore
^ Vio. lib.
l6.
Owner flnp of the Seal CKAP.Vilf. 51
fliore , ^ th:it none was able to Hand before him either by
Sea or Land. Certaincly ^ompey had a Commiision
onely as Admiral of ths People of Rome, as^ fa-
terctdus faith ; Mark Antony had the like about two
•years before. But chat people which intruded him
was Lord of this Sea, as the Romane Territoric,
as well as of chofe 400 furlongs of the Continent,
which were joined alike with the Sea in the Grant
of that Conbmifsion, though no more lyable
to Dominion then the Sea it felf. fhrus faith alfb;
^ that Tiberius Is^ero ( who was one of Tompey'es ^^'^-s-caf.
Lievtcnants) hlockt up the Hreights of Cadi:^ , at the
fir[i entrance of our Sea, Hec beeing a Romane
rightly call's it our Sea ( as alfo "" salujl doth more
then once) becaufitwas (b wholy fubdued under jugmthim.
the Romane power. And Vio Cajsim-^ Hee fcoured
the whole Sea ^ which "Was Ufjder the ^mane obedience.
And J faith Mela, of the Mediceraneau Sea,
a3 that Sea J fiphencefo'eVer it floWs , or fi^hitherfoeVer
it fpread's it felf^ is called by one Jiame , Our Sea»
So it is called like wife by others. " And Mela nOrofins.
iifcth the name our Sea very often afterwards- But Ub.itcaf,2.
more of this hereafter, where wee treat more large-
ly concerning the Dominion of the Romanes by
Sea. Nor did Tompeys commiffion extend onely
againft thofe Pirats , as enemies of humane fo-
ciety (after the fame manner as wee fee Com-
mifsions daily granted againft Pirats , that rob and
(poil in any Sea not yet poffeffed) but that very
Sea-Territorie , which the Qlicians had invaded,
was recoverd by Arms. From whence ^ Ma-
nilius break's forth in a Poetical rapture, «» Aftmomit.
lib,^.
H 2 HuU
51 Book I. Of the Dominion^ or,
j^is te Kiliaco peritarum lit tor e , Magne ^
^ofl ViStas MithridatU Opes ,pela^ujque receptum^
Crederet ^
%fm VI chridaces toitts l)atf ft 0 ttcom,
:anD OiD 'ft from ^&irats tjauDs toe ;S>ea reft o?e,
XDou ft)ottliift Ijatje petiflj't on ti)' Egyptian
(l)D?ef
Therefore J LaElantius ought not fo iruch to
have refcmblcd TS^eptme to fomp^y , as to the People
of Rome^ in beeing Lord of the Sea. Other
.matters there are in the fabulous t'me^ which beeing
fpoken of the Gods , may feem to fliew , what
opinion the Antients were of touching the right
and cuftom of men in this particular, for^
when they cloth their Gods with the perfons of
men , they commonly (peak fuch things of theiu
as belong unto men. From whence H/Joti (ayeth ,
Jupiter ^x^nted unto Hecate , that O?eejhouldpojjefspart of
the Sea, as ^ell as the Land, Hereunto alio bclong's
^Haiieutk. that of Opptanus ^ concerning ^ AmphitritQs becmg
''^•'' made Queen of the Sea by Neptune^
Hee confiituted Her Queen of the Sea,
1 Dionyftac. AWo TSlom\iS , ^
^eroe had the Empire or Dominion of the Sea.
Inftances of this kinde are innumerable. And
therefore thus much concerning the fuhulot^ time.
The
Orpner/hipoftheSea. Chap. IX. 55
T'he frfl Dominion of the Sea among the
Greeks m the Hiftorical a2;e • that u
the Dominion of t\mg Mmos ^ or the
Cretan.
Chap. IX.
THe former part of the Hifloricd time , or that
which comprehcnd's Kingdoms and Com-
monweals, which expired fom ages fince,
wee begin from the Empire of the Cretans at Sea.
Afterwards wee trace a catalogue not onely of very
many People of old Greece , and other nations fa-
mous heretofore in the Eaft, of like Command
and Dominion in the Syrian^ Egyptian ^ Tamphilian,
Lydian , and /£gean Seas , and the feveral changes
thereof, but alio wee flicw, that the Dominion
both of the ^mans and Carthaginians in their adjoy-
ning Seas , as the upper , the lower , the more Eaft-
erly Sea alio , and others of that kindc in the Weft,
hath been received into Cuftom , as a thing very
ufual, and agreeable to Law.
I.
\/J/«oj the Ton of LycaUus , faid to bee the (on of
Juj^'iter King of* Crete, poflefl'ed the Cretan \^c7ncuf'
Sea on every fide and a great part of the ^ JEgean «»Mow cal-
as Lord and Sovereign, So (ayeth Thucydides^ ^^^ *^^ ^^'
held the greateft part of the Greek Sea as Lord thereof. So
truly, the word yt^riiv is to bee conftrued both
here and in the following inftances. Nor is it any
H 5 wife
54- Book I. Of the 'Dominion, or,
wife to bee imagined, that fo to ha've Command (as
y^iiv commonly fignifie s) can bee otherw ife
meant, than very plainly thus, that any one who
is Lord, or at leaft doth A<5t as Deputy or by per-
mifsion of him who is Lord, may prefcribe Rules
and Laws to the number of o:her men's fhips and
pafsage, Tolls or Tributes, throughout the feveral
limits of the Sea, after the fame manner as when
hee withold's or permit's the ufe of his Land to
husbandmen, according to his own will and plca-
lure. Which in this cafe is all one. Howfoever,
wee are not ignorant, that (E> aXoLajny^riiv fomtimes
''//. Ca[au- fignifie's only '^ to hce jlrong and power full in /Jpippin^.
bonincom- !„ jji^g manner, ' Diodorus Stcuh^J Nicolaus Da-
mem. ad To- a c i h r i i c • t i i
hh.fag.209. ^^J(^^fi*^ J ^trabo^ Ledrenui , buidas , and others
^Bibiioth.^. fpcak exprefly. And Tb^edra likewifein Seticca,
h£um Eclog. k Q ^^^^^ y^^fii Cm^ Dominatrix fretL
cap. 42. y- ' r '
^Geografb. Lu)ti6 ftr omm iitttis mnumerdt rates
fc^ °* Tenuere fontum j quicquid ^fsyria tenm
' In Mime. Tellure , Nereus perVium rojlris fecat.
In Hiffol)-
' '^ ' £) misDtp crect, tDou fl^ifttefs of tt)e main,'
mmt manp(|iips Oat^eftlD bott) ^m ann
:^s fart as Nereus Dotljj to Afiiur's jiann ,
#lDKD out a paffase lUitt) W aemm's ano
oars*
And the firft Dominion of the Sea, that is , the firft
poflcfsion of that pare of it which was not yet
poflefled but remained vacant (from whence this
kind of Dominion doth arife) they attribute for the
'£«/ei. Hi' '^oft P^i^c unto Mtnos, But there is an error tou-
eronym.Nmn. chiug this matter, in Jerms Traflacion of the Chro.
7^^' niclc
Oivner/Jnp of the Sea. C h a p.l X. ^5
hide of Eufebius ; nor is it to bee pafled by , unlefs
wee will carclcfly negled that which in plain terms
may feem to oppofe the nf>oft eminent Soveraigntie
of the Sea among the Grecians. The Tran flation run's
thus, Minos Mare ohtinutt ^ Cretenfibii^ Leges dedit , ut
^aradm memorat, quod flato fdfum ejje conVincit , Minos
poaeffeo tt)e ^ea, and gatie %ms to tt)e
Cretans^aS Paradius teCO?fiett), ttlJiCl) Plato pjOtJe'S
to b0^ falf» What then ? Doth <Piato prove it to
bee fair, that Mmos gave Laws to the Cretans , and
held the command of the Sea ? or that either of Them
is fair? The place is plainly falf and very much
corrupted , both in the fained name of Taradius^ art
Autor, never heard of in any other place, as al(b in the
very Tranflation of the Greek Words of Eufebius,
^aradim , I know not by what negligence ( for I
would not believ kofjerom a pious and moft learned
man ; but perhaps of fom fmatterer in learning, who
prefumed to enlarge thofe brief fummarie difcourfes
of his in that Chronicle) did arife even from Tara
Dios^ that is, ex Jove, from Jupiter, which is found
in the Greek words of Eufebius : For, there Eufehius
faith, "" Mmos k%XcLOJu\p=Lrii pojfeffed the Sea , and gave camn.uo*
Laws unto the Cretans , Tifhich hee brought ^ziir^ S^iog in Tbefauro
from Jupiter , out of the CaVe T^here hee had retired him- '^^^f'^^^^'
felf for nine years. Touching thofe Laws received *
from Minos , which " expired not before Crete was " Eutrofim^
fubdued by (jeciltus Metellus, alfo concerning his Cave
in Mount Ida, and the nine years, the matter appear'S
very plain out o( Homer, 'Plato, ^orphyrie, and others.
But in the Greek of Eufebim it immediately fo-Uow'S,»
ozs-sfi 0 rTAxTz^f c* To7g No^o/$ ^^iyyl, which certainly
here fignifie's , id quod Tlato in Legibus adprobat feu
confirmat, t^ tt)^c|) Plato tO W S^attS. SP-
i6 Book L Of the T)ominion, or,
p;tOb0'S or COnBtin'S* For, Minos his receiving of
°/Sfi!'" of fuch Laws is the very ^ foundation of Vlato's
Books concerning Laws, So little rcafon is there it fhould
have been tranflated , Q^od ¥latofalfum efft conVmcit, auc
quod Tlato refellit , tbljlCO Plato p^Obe'iS tO W CSlf,
I!bI)tCt) Plato tlifp^Ot0'£l : whereas notwithftanding
that cnnincnt man Jofeph Scaliger ^ ufing far left dili-
gence here then was meet, or then hee hach been
wont to do , would have the latter to bee added in
that place. For^ howfoever according to the mean-
ing and more common ufage of the word Ixiyjiiv^ it
may feem rightly tranflated ; yet the matter it (elf,
and the other fignification of the word , doth mani-
fcftly prove out tranPadion to bee true. But wee
read the very fame too, according to Jerom's Tran-
^ Anno Mm- flation , as copied out, by Marianus Scotus^ ^ and F/o-
h^-9H' rentiu6\ oilVonefler , fave that in Fkrentius wee read
(Plato jalfum ejje affimat, Plato aflRwn'S tO b^ ffllH
That after Minos of (^rete^ Seventeen Na-
tions of^enovpn in the Eajl^fucceeding each
other ^ did for very many years eyen without
Intermifsion^ enjoy a T)ominion of the Sy-
rian, Egyptian, Pamphylian^ Lydian,
^?7^iEgeanSea, wa othenvife than of the
(Continent or IJlands,
Chap. X,
AFter the times of M'woy the Cretian^ wee finde
in the Chronicles of Eufehius and Africanus no
lefs then ftvcnteen Eaftern Nations, part of En*
rope^ part of Afta^ who for very many years fo held
the
Ovpnerfhifofihe Sea. CiIap.X; ^y
the inner neighboring Sea , as Lords one after anbl
thcr, that, according to the TnterVenient Law of 'Rations ^
it is mod evident a private Donfiinion of the ^ea took
place among them all. For, changing by courf, and
by length of time after long poffelsion , through
War J Vi(5toric , or fom other kinde of Cefsion, they
every one (ha red their period of Domination, accom-
pljfhing among them all above five hundred and
fixcie years without Intermifsion. But from the be-
ginning of the Sea-Dominion of Mmos or the Qnian,
to the next which follow's in the aforefaid Chro-
nicles , there fell out one hundred fcventic five years.
Thoie beginnings are placed about the time of the
Judges of Ifrdel, They which fucceeded , are ranked
after this manner.
It.
iN tSe (econd place the Lydians were Lords of the
^Sea. The Greek of Eujeh'm faich, ^ hv^o)^o] x^ 7'^;f'-^
McLMg^iJ^XcLojroKfii-niiTtv itv jC^ TheLydtans, called alfo mm.9^0,
Mdtmians, "i^en Lords of the Sea XCII years. The be-
ginnings of this Dominion are reckoned about the
time of ^neas. But as to what concern's the num-
ber of years , although it hath been the fame both
throughout the whole Hiftorie of Eufebm, as alfo in
his Chronicle 5 yet fince the Empire of the Vela^i,
which next follow's , is fevered by the fpacc of CXX
years or thereabout, perhaps it ought to bee amended,
and pyt or cxX to bee put in its place. Which that
mod excellent man Ifaac Cafaubon obferved doub-
tingly,alfo in his Commentaric upon 'Po/^i;W, where
hee treat's very learnedly concerning thole, who have
had Dominion of the Sea in the Eaft. Likewifc,
I Ma-
58 Book I. Of the Dominion^ or,
Marianus Scotm and Florentm the Monk do mention
the Sea-Dominion of the Lydians ^ as alfo of the (Pe-
Idjgi , without any number of years.
III.
n^He th'tri Lords of the Sea in this Catalogue, were
^.1.^34.^^ the Pelafgi. Yet fiw/AW faith, ^ UiXoLaU) t^gJ-
num.960. /y-g^oy e^XoiojvKiiXTvcntv i-m TCi^The^elafgt in the Jecond
place pojjejjed the Sea LXXXV years. Which is referred to
the times of Solomon^ and thoft which follow. But
the beginnings of the Thracians , who immediately
fucceed , require that they fliould bee reckoned here
rather lv years. And indeed the Tela^i were (econd
Lords of the Sea , if (according to fom) you either
make the Lydians the firft, or place them the firft after
Mnos or the Cretans. For , fo the ^elajgi are plainly
the fecond , otherwife the third. Which alfo is to
bee obferved in the following particulars.
IV.
"UOurthly^ the Thracians were Lords of the Sea, oQ, or
« Ibid. & LXXIX years (as wee finde in the 'Greek o( Eufe-
««W.1014. ^^-^.^ which neverthelefs are not reckoned above
nineteen in Jerom's Tranflation. But Ifaac (^afaubon
is of Opinion , becing induced thereto from the be^
ginnings of the (I(l?odians, who were next Lords,
jhat it ought to bee written 7r9 or LXXXIX. Maria-
ntis and Florentius ^ following the tranflation of £«.
febius, SLCComft onely XIX years to the Dominion of
the Thracians. And it i$ obferved more then once by
them^ as well as in the afore(aid tranflation, that the
Thraaans were Lords of the Sea. This was in the
time of King Jeroboam.
V.
0 Wfier/hip of the Sea. C h a p . X. 55?
V.
Clfthly , the ^odtdns held the Sea, as Lords'^ xxili ^ cbron.Ca-
years. And hereupon ^ Strabo commend's their ^'/"^P'^s-»^'^^'
induftrie- in matter of Navigation^ who laith , <^oodes Tioo!""'
Tb^ joVeraign Ladie of the Sea a long time, and fupprejfed ' ^i^A'
Tirates, In the Latine of Eufehius, the ^odiam are laid
to have been the fourth in order that were Lords
of the Sea. But in the Greek, that they were the
fourth Lords of the Sea, and according to fonr), the
fifth. Whence this difference arofc, appears by that
which hath been faid about the TelaJgL Of all the
antient Lords of the Sea the ^^odians are moft re-
nowned 5 chiefly in this refpedt, becauf the Sea- Laws
which were ufed and in full force and virtue in both
the Empires , were borrowed from them , and put
into the Digejls by Juflman. Saith the Emperor An- ^ ^d Lc
toninus to Eud^mon of Nicomedia ^ , Lege ^:)odmum de- ^^^ j^*"^'-
cidantur Ittes Nauticd , %tt ^UltS ^bOUt ^iibU ^^^^'^.'^*
gatton m DecttieD acco?iims to m Hatt of ,?//:sf,.
tl)0 Rhodians. And by the Teftimonie of ^m- nam Baftik,
jtaHtinm Hamenopulns a ^ Judg oC Thejfalonica ^ they f^•'53•^^/•^•
a^e the moft antient of all Sea-Laws , that have juris iib'2,
not been loft. They were taken into u(e among the ^''^•"•
Romanes from the time of ^ T^r^eWw^. Their beginnings /om.Tom!'^
are placed about the Reign oi Jehofaphat : But the 2p'»g'2 65.
Rhodmns are wholly omitted both by Marianin and
Florentius,
VI.
C/x^Wji, the Phrygians had dominion over the Sea 1^^^^°^^'^'
XXV years J but (as it is in the ^ Greek of Eufehius) mmaJjo
I 2 ac-
6o Book I. Of the 'Dominion, or,
according to others XXVL In the Latine wee finde
oncly XXV> as alfo in Marianm and Florentm. But yet
feeing, in the Greek of Eujehm^ the Phrygians are (for
the aforefaid reafon ) counted the fifth Lords of the
Sea, Ifaac Cafaubon (I think^ well obfervc's that that
number of fix doth not denote the years, but the
order of Dominion. This Lordfhip is reckoned in
the time of Lycurgus.
V I I.
^Eventhly^ the Cyprians pofleffed the Sea, as (bm fay,
XXlfi years 5 according to others , XX "xi. For,
^Edit.Baftl. tjjjg js found in fom ^ Editions of Jercm's Tranfla-
"^^* tion of Eufeh'tws. That in the Chronicles of Mariatius
and Vlorentim , compiled for the moft part out of
Eufebm and Jerom. But neither in the Greek Co-
pies of Eufebius, which arc extant, nor in theTran-
flation fet forth by Jofeph Scaliger , is any mention
made of the Cyprians : nor truly in the accompt of
Ifaxc Cafauhon. This was in the time of Joas,
VIII.
Ti Ightly^ the (P/;^wcwMj pofleffed the Sea. So Eufebius,
Marianus^ and Florentius ; fave that they make them
the feyejith by reafon of that different manner of ac-
compt, which hath been fliewn you. Touching
their Dominion the holy Scriptures themfelvs
fpeak plainly enough ; which alfo wee have noted
before in our difcourf concerning the Divine Law.
The memorial of this Dominion is placed about the
Reign of U:^^ah King of Judah. Al(b this Nation
of the Tbmcians became renowned for their skill in
Navigation,
Ovpner/Joip of the Sea. Chap-VIIT. 6i
Navigation, as wee arc inftrui5led by ^liny^ and others
And heretofore (perhaps) that ougbt to bee referr'd^
which is delivered by Antipater Tarjenfis and Maru-
feas , two antient writers , touching Gatu Queen of
the SyrlcLm (who themfclvs alfo were Theniciam )
whom they will have therefore to bee called Aterga.
tls^ becauf C^y Antipater faith) flicc fet forch an Edi^,
• that none fhouU eat fifl? without Gatis-^or^ zs Manafeas ^ ^. ,
faith, that no man Jhould eat fi/h withut her licence and per- ,=n®; /ui,</i»pet
mifSion, hut that eVerie one poould bring thefifl^ they caught un- ^7 ^^/T''
to her. That which they hold concerning the Ori- "^^t/i^lf-''
ginal of the word appeal's fufficicntly ridiculous , n^um.difno-
whil'ft they derive a SjTw^ or "Piew'cww name from the /''^^•^•
Greek fountain. But the very thing which (I (up-
pofe) they would have, is this j That Atergatis was
Queen or Sovereign Lady, not only of Syria or Theni»
cw (which is the Sea coft of Sjm) but alfo of the Sea
lying before it, infuch a manner that it was not
lawful for any one to fifh freely therein, at leaft
iiot to enjoy the benefit of fifhlng, without her con-
lent. From whence it was a (3uftom to confccfate
fiOies of Gold and Silver to her , after (hee was pla-
ced among rhe Deities.
IX.
Num. 1250-
'^Inthly, after the Theniciam ^ the J£gyftians
*" pofleiTed the Sea under their Kings fjamnitis^ lsiwn.12
and 'Socchoris who lived immediately before the be-
ginnings of the Olympiads. Mention is made of
them alfo in Marianns and VhrenttHi.
I J X.
6i Book I. Of the Dominion J or^
X.
]N the tenth place, the Mileftms were Lords of the
Sea. The books of Eufebius do not fhew the
number of years. But both in Marianus and Flo-
rentm wee read, that the Milejtam poflcffcd the Sea
XVlIf years. Stephanas^ concerning Cities, faith,
cdvThit ^aucratis^aCitieofJEgypi, was built'' by the Milcfi-
AATloAp^Tip 2ins then pojlefsin^ the Sea, And £«/eW^ alfo mention's
the building of that Citie , together with their Do-
minion at Sea, about the time of ^omulns. In like
manner they built simpe^ feated by the Euxbie Sea ,
• W.12. which (zsstrabo faith) ° commanded that Sea which
flow's within the Cyanean Iflands.
XI.
p-E«/ei. 'C Leventhly thc"^ Carlans pofleffed the Sea. Their
f^^,].^^^^' Sea- Dominion is remembred by ^ Diodorus Si-
^ ^^ culu^. It was about the time of Hes:ek(ak
XII.
, ^Welfthly , and next to the Camni , the Lefhims
'EufeMm. J- i^gij ji^g 5^2 '^^ poffcfsion. ' LXIX years. So
' ^^'" it is in the Latine of Eujeh'm. But Marianus rcndreth
it LVIU years.
XIII.
'T'Hirtenthly ^ the fhoceam pofleffed the Sea,
about the Captivitic of 'Babylon. Their Do«
minion lafted xUV" years. So (aith the Greek of
Eufebm
OMonerjloipoftheSea. Chap. 5C. 6]
Eufebius , ^ ^c^KcLiig i}aXcLr^)L^ir7\(^GLv try] ^ the ^ho- , c/;rcJK. lib.
ceans^ere Lords of the Sea XLIV y^ars. Before which i-p^g. 42-
words the number ^ or of twelve is prefixed, where-
by it is fignified , that they were the twelfth after
the Lydians, and the thirteenth from Minos,
XIV.
ViOurteenthly , the (orinthians were Lords of the
Sea. 1 do not finde , that they were thus ranked.
But it appear's clearly out of ' Thucydides , that they ' H^- 1-
were very potent at Sea , and did fo reprefs Piracies
by their ftrength in fhipping , that they gained them-
felvs a very large command by Sea , as well as by
land. The fame autor alfo mention's their extraor-
dinary induftry in reftoring the affairs of Navigation.
Nor doth time gainfay, but that wee may well
place them here, as alfo the Idnians next. But wee
do not as yet finde, that thefe fourteenth and the fif-
teenth are received by writers into the Catalogue of
thofe, who have thus held the Sea in poflefsion.
XV.
V^Ifteenthly the Idnians were neighboring Lords of
the Sea. Concerning them Tbucydides iaith, " A - xii. citato:
Qcod whik after ^ ( to wit after the power of the Co-
rinthians by Sea ) the pofi^er and interefl of Navigation
Tifas in the hand of the Idnians , in the time of Cyrus the
firH Kinz of the Petfians, and of his fm Carobyfes •
And * contending aljo with Cyrus , they mjoyed thetr own fx^fli<' kKfilt,-^
Sea forfom time, where the old Scholiaft add's by ^kI/!*
way of obfervation , •)/siToj'o$, i/ ycc^ zsdffni^ the neighbor -
ir^Sea-^ but not all,
XVf.
6^ Book !• Of the T>ominwn, or^
XVI.
Qlxteenthly^ the T^axians^ were Lords of the Sea;
" Cbronic, Eufehm faith , "^ In the fifteenth place the Naxians
lib. i.p^g. pojpifed the Sea, ten years. About the time of Camhyjes,
It is fpokcn of the N^xwny , named from the Ifland
NdXoy>which is one of the Cyclades, or Ifles in the Archi-
pelago,
XVIL
QEventeenthlf , the Eretrians luccecded into this Sea-
Dominion. Eufehm, when hec (peak's of the
Naxians , faith , ^ f^? cuur^c, Sec. ^nd after them the
Eretrians, In the feVenteenth place ^ held it vTT years i
Eretria was heretofore a famous and wealthy Citie
in the Ifland of Euha.
XVIIL
A nd laftly, the laft or eighteenth Lords of the Sea
in this Catalogue were the People of j£gina,
' Num.io<^?, The Latine of Eujebius faith, "^ the Teopleof JEgina
pojjejftd the Sea XX years ^ even until Xerxes his paffage •
Which is noted in the fourth year of the iixtie
ftventh Olympiad. But Xerxes made his paflage
in the feventy fift Olympiad, aud in firft year there-
of. Therefore there paffcd XXVIII years between.
But truly fofej^h ^caliger obferve's here, from this care-
lefnefs in counting of years, that thofe are meer
triflings which are found in the Latine. ^w^hec
faith , they are fo dfcoVered by the Greek, wherein wee
read onely ^Aiyivy^rou, iQ<x?^ojv''i^rY\<rcLv ir» '. The
Veo\)k
On^ner/hipoftheSea. ChaV.XL 6$
people of jE^ina held pojf^fmn of the Sea x } ears. Which
rruly wee finde as well in cnc former Chronicle of
Eufebm^ as in his Canon : nor n it other wife placed ^
then in the ZL4fwe. Alfo "" Strahozndi^ j£lianu4 make tvluHijisr,
mention of their Sea-Dominion. ^^^iz-
touching the Sea-Dominion of the Lacede-
monians ^W Athenians. ^i5\loreover aU
Jo, that it vpas ackno\vledged not onely by
the Greeks, hm alfo by the Perfians, in a
Treatieof'Teace-.
Chap. XI,
NOr are thofe Particulars which are to bee ap-
plied hither out of the Eaft, found onely in the
Cuiloms and Sea -Dominion of fb many famous
Nations thus continued one after another (the years
of whofc Empires have ufually been reckoned from
their fabduing the Sea J but in the Cuftoms of others
alio, who truly were more famous, though they bee
not regiftered any where in fuch a kindc oP Cata-
logue. Ic is written of Tolycrates , that fenoWned
King of the Samians , who about the beginning of
the ^erfun Empire, vanquifhcd i\\^Leslims and M-
iefum in a Sea fight, that hee fo earneftly alpircd af-
ter a Soveraigntic of the Sea, that it was manifeftly
acknowledged co bee capable of Dominion- Herodotus
f2Lvd\^^dycrates is the firjl of thofe that "^ee haVe known,
'k?ho had an intent to acquire the Dominion of the Sea
unto himftlfy except Minos of Crete, and if there y^ere
any other that enjoyed the Sea before him. Hee (peak's,
K I
66 Bookl. Of the dominion, or J
1 fuppofe, of Kings. For, thofe Greeks in whok
hands the Dominion of the Sea was (as wee before
have (hewn you) fo often changed , were conamon-r
ly govern'd cither by a Popular, or an Anftocratical
form of Government- Nor could Herodotus, 1 think,
bee more ignorant of their Dominion, then of King
Minos. For, hce lived after the fore- mentioned Do-
minion of the People of yEgina was ended, or about
the eightieth Olympiad. Therefore , either hee fpake
onely of Kings, or was extremely miftaken.
About the eightieth Olympiad , and the times fol-
lowing unto the Grecian Monarchic , thofe mofl
renowned People of Greece , not onely the Athenians^
but the Lacedemonians alfo, did fomtime enjoy a Do-
minion of the Sea flowing about them.. Dimo/lhenes
•Fbilipfic.s* ^^^^ ^f ^^^ Lacedemonians ^ * Jhey had Dominion oVer
videetiam (/;^ s^a, and the ^hole Land. Others alfo haveteftified
clm!lm, ^s much. Concerning the Athenians either the lame
14- man, or HegifippuSy in that Oration touching ^ Ha^
* An Ifland '^^^^^ » making mention of fhilip K. of Macedows af-
in the e/£- fci^ing a Dominion of the Sea, ipeak's thus, De Vrae^
^'"^^li^ Jom/'W5 acimm effe ait fhilippus <src^ COttCmtinS
Zuvm. ^iutzSy Philip fafti), it \6 vmty tDat botD
l^tz and pott (Souio \^ common confenr,
x^ivot aitoap fucO ^ offeno upon tOe <&ea,
teqtttrtns no otDer t^ins tDan tt)ts> t^at D»
map be^ pnt in commanti ober tbe^eabppou,
ann ttiat pou iDoulo confeCs pout: felt3snnable
to tiefeno ann euato tfie ;S>ea ( which hitherto
hath been yours) H)ttt)Ottt t^t ftelp Of Philip. They
did alfo by League impofe a certain fize and propor*
tion upon all forts of Bottoms , both for qualitie
and quantitie, which their neighbors fhould have
Icav to ufe. It " an Article of the Treatie made with
the
Owner'fiip of the Sea, Chap. XI. 6y
the Ldcedemonians '^ ^ Tbitthe Lacedemonians and their bTbucydidus]
Confederates might Indeed ufe the Sea , bitt not fad in a /o?/^ '•'^« 4.
//;//> J hut any other kinde of vefjel 5 "ft?/?/^/; hee'm^ rowed
T^ith Oares fhould not exceed the f night of five hundred
Talents : Thac is to (ay, not in a vellel with one ranoe
of Oares, much lefs in one of two or three ranges^
or others that were men cf War, butin veffels to bee
rowed neverthelefs with certain pairs of Oars, bee-
ing veffels onely for carriage, and tho(e fmall enough.
other pafTages of this kinde there are in Thucydides,
Hereunto belong's that of jEmilius ^Trohns , touching
Ximotheus a famous Captain of the Athenians. Hee
brought Corcyra ( faith hce ) under the command of th A*
thenians, and made the people of Fpirus, the Athamani-
anSj Chaonians, and all thofe I^ations t^hich border
upon that Sea , to bee their Confederates. Whereupon the
Lacedemonians deftfled from long contentions, and of
their own zccotA yielded a. pre-eminence of Sea Dominion
to the Athenians , ani fetled ^eace upon this condition ,
that the Athenians JJ?ould bee chief Commanders at Sea,
Which Vtthrte "^06 received ^ith fo much joy among the
Athenians, that Altars '^ere then ereBed unto PEACE,
and a Temple appointed for that Coddefs. And Demoft-
henes concerning "^ Jrchebius and Heraclides, Ti?ho t^hen ver[.LmC
they had deliver'd Byzantium to Thrafybulus , they """•
m^j^e jiow (faith hee, fpeaking to the men of Athens)
Lords of the Sea , fo that yee ??nght fell the Tenth j To
wic, theCuftoms oftheMerchandi:>e of fuch Merchants as
fhoiild trade in the Helkf^ont ; which is noted there by Ul-
pianus the Rhetorician. From hence alfo, Cicero would
have that barbarous Decree of this Nation to have had
its rife concerning the people of ^jjm^fomtimes Lords ^ ^ ^^ ..
of the bea. 1 ke Atheniians, laith hcQ, dealt very cruelly, Ub.^.fuVa-
'^ho paffed a Decree, that the ^einetans, yvho ^ere power- ^^''"\ ^""^'^
d8 Book L Of the Dominion^ or,
ful in Shipping , fhould haVe their thumbs cut ojj'-^ to the
end, that they might not grow ftrong in Shipping
hereafter , or by force enter upon that Sea then pof-
ieded by the Athenians : For, in fom Books wee read,
quia claffe vMant , DeCaUf tfte? StetD fttOrtS 111
^t)ippin9) as it is noted by Carolus Langtiis. Though
tr^r.Hiji. II t>ee conceived by ^ JElian the Decree was there-
I .2.cdp.5/. £^j,g made, that they might not bee able to ufe a
Spear , and yet to handle Oars. This cruekie is de-
telled by Writers. But it is evident, that by this means
they were deprived of a free ufe of the Sea. Nor
was fuch a Dominion of the Sea approved onely
among thofe people of Greece ; but alio by the 'Pc;'"
fims J who at that time ruled the Eaft, as appear's
in that notable League made after the Vi(5tory ac
Eurymedon. For truly, Qmon Captdin of the Atheivans
having vancjiiidi'c the TSla^al Forces of jirtaxerxes
Longtmanus King of the Terfims (which had infefted
the Sea about the Chelidonian Ifiands ) the Kmg's
f I.X Crate- courage was lo broken, J hat {3,^^ Tlutarch faith, and
roinnmo' s jyijli^ls Amoil thc C^imc ) hee concluied that notable
g In 'Pana- Teace , Upon fuch terms that hee )b^ to keep the dijlance
tkenatca. qJ' ^^j fjorf-racc from the Greek Sea , and that hee ppould
not haVe a Ship built long cr beaked , tifithin the Cyanean
and Chelidonian Ifiands. So that the King was to
keep out of every part of the ^gean^ nhodian , Car-
pathian^ and Lydian Sea, and that which bend's thence
inco the Weft towards Athens : Becauf the Athenians
were clearly Lords thereof. For, the Greek, which
* Scboliaji. of old was Called the Gr/V^^Sea, fpread its felf to a
lib.i.Mde very great latitude, from Carta ox the fliore of the
ikarnajf!^''' ^^^crn part of Afta. Moreover, (ubjedion was
lib. I. impofed upon the Sea of Tamphylia and Lycia, as alio
the E,uxin Sea, that no Ship of the King's which fliould
bee
OwncrPnpoftbeSea. Chap. XI I. ^n
bee long-biiilc or beaked (chac is to fay^, a man of \k''arj
could according to the League bee admicced , cither
in this beyond che Cyanean^ot in that beyond the Qr-
hdonian Iflands. This certainly was the very meaning
of^ IJbcrates ^ when making mention of the Athenian ^ In Tana-
Dominion , hee faith , it ^^ not lawful to fail in long ^'^^^'''"^'^^
Ships or Gallies beyond ^Vhafdis. For, Thajelts , a Town
cither of Lycia or Tamphylia^ is fituate in the fame di-
rcd line with the Chelidowan Iflands. But Suidci^ tell's
us J that Caflor ^odtus , an ancient Writer, had com-
piled an Hirtorie ^^ toIj/ %L?\gL(xjD)t^iyija,yizo^ of fuch
as have enpied a Dominion of the Sea * Learned men ^ Jo[, Scali^
are upon very good ground of Opinion, that thofe ^^.^^"' ^"/^"
Lords of the ^ea, reckoned up in the former Chap- mm.%^o,
ter f were taken by Julius Africanm and Eufehlus out Gerard. Vof-
of that Autor. Ic is almoft out of qneftion coo, ^^^^v// ^ri-
thac hee added che Soveraigncie both of iht Athenians cis:,li6.i.
and Laccdmonians by Sea. Cajior lived about che time *^*^^5'^'"-
of An^uflus defar. That work of his is utterly
lod
Other TeftimonicSy which are found fcattefd
up and down , touching the T>omm on of the y
Sea^ in the Cudoms of the Eaftern Na-
tions.
Chap. XIL
Moreover, very many things are found fcatcer'd
up and down in thofe Writings that concern
the Cuftoms of the Eaftern Nations , which
clearly prove it to have been a moft received opinion
touching private Dominion of the Sea. Antiochus
K J Epiphanes
70 Book I. Of the Tominion^oVy
EpiphaneSj King of Syria faich , (peaking oF the Sjruit
GorioTlib!' Sca , ^ J^re not both the Sea and the land mine^ And
3.t;4p. 12. Xerxes that ^erfian King, when in a ridiculous hu-
fter.^^&^o- "^^^ ^^^ fcourged the Hellespont , fligmatized it, and
lat-infol. caft a pair of Fetters into the Waters, faid, ^ Aiocucry]^
^ 'To) ^iK.yiv kznir^^ii rr^y^i ^ Thy Lord infltB*s this funijh-
lib.j. ' went up m thee, A 1 fo, where.is /^^^z^WnWe^, following
the ftoric of 'Boxti^ the ferfian^ wr ice's that the red
or Erythrean Sea was fo called from King Erythras or
<^j6fsca!iger Erythrus (that is, fronrr Edom bordering thereupon who
adFejium, ajfQ ^^g "" Efau^ and fignifieth the lame that Erythrus
uLi.&'Ni'- or Eubrus doth in Ebrcw) hee add's alfo this Expo-
colFuUa,^ fition doth imply ^ ^u^tijaztVTCL ^^ %LXccr%g cLx^d^J.
4.cip.2o.^ * ^fi^^ ^fyoying theDon'mion of that Sea» And truly wee read
^afUilFto- in * nUoflratus, that there was an old contrad: toiich-
//«w, coJ. ing the Red-Sea, l0hkh .K^ng Erythras had contrathd,
c Ve vit.i Ifheti hee had Dominion oyer that Sea , that no Egyptian
Apllonii, ought to enter that Sea in a long Ship, but to innploy
^DeRehKs thcrc ontly one of Burthen. And ^Q^uintm Curtiiis
Mcxandri, f^ith of the Gtic of Tyre , that hemg built by Agenor,
jhee made not ondy the neighboring Sea , but ti;hat Sea
« Afranim Jo'eVer her Ships fail into, to bee of her Dominion. Fiom
^^r^Tvria' vvhencc alfo TyriaMaria^TyrianScas ,ht:Q2imQ2L ^ Pro-
Maria, verb, to fignifie a Sea fo pofTeflfed, that free paflage could
not bee had , without leav of the Lord or Pofleflbr.
There was alfo z very ancient Cuftonri ufcd in the
Eafl, that when greac Kings having defJgns to bring any
Nations under their power, commanded the pledges of
Empire and Dominion to bee deUvct'd to them, they
were wont to demand Water and Earth together. 7 hat is
to fay, there quired them ^iftiv yf^)> ^ v^^^ to bring earth
and "^ater^^iXxA iro,juJ.(!jiv y^v ^ vhcp^ to prepare Earth and
Water. They conceived that their Dominion of the
Sea as well as the Land , was fignified by luch a
kinde
OrpnerJhipoftheSed. Chap.XIL 71
kindc of ^ledg or token. Thus ^ Darius demanded h Herodom
Earth and Water from Indathyrfus King of the 5^- ''^^*
tbiam : Thus * Xerxes from the Lacedemonians • and ' "Poiybm,
thus both of them from the People of Coos^ which is ^ ^'
witncfled by the (^oans themlelvs in a publick Decree
or Epiftic, in anfwer to Artaxerxes his moft imperi-
ous demand, that Hippocrates fliould bee rcndred up to
him ; wherein the Coans flighting the threats of that
great King, decreed that what hazzard fb^ver they
might fcem to run , Hippocrates fliould by no means
bee rendred. They added al(b to that Decree ^ Ka) ^ ^imra-
yb AcL()itv X) S£|3^^ ccTTo TtctTificcv &cCn How that yi?hen ^ ^'^"'^*
his Tredecejf)rs^ Darius and Xerxes , had by their Letters
demanded Earth and Water , the people of Coos did in
no ^ife yield it • forafmuch as they li^ere fatisjied, that thofe
Ttho had fent unto them 'U>ere mortal^ as yipeH as other men. And
in the Greek Copies of the Hiftorie of Judith^ TSla-
huchodonofor becing about to denounce War againft
the noghbor-N^tions , faith exprcfly, the form of
fubmifsion which hee expedted was, Uhat they(hould ^ Juditb.ca^,
provide for him Earth and Water. Unlefi they concciv ^-T-Gr^cr.
themfelvs to bee Lords of the Waters as well as the
Land , I do not well fee wherefore they fliould de-
mand Earth and Water as tokens of univcrfal Domi-
nion. Moreover alio, Achmes Sen Seirim^ zn Arabian y
writing of the Sea faith, that according to the Doctrine
of the Indians^ Terfians, and Egyptians , in expounding
of dreams, " If any one (in a dream) feem to him/elf to "^ <^^* ^78^
hee made Lord of the sea, hee [hall hee heir of the Ti^hole
JQngdom^ and jhall reign. Add nereunto that Oracle of
T>elos concerning the Sea-Dominion of tht Atheraans.
The men of Athens offering (acrifice in Dehs ^ a Boy
that drew water to wafli their hands, poured Fifli out
of the pot together with the water. Hereupon this
Oracle
yx Book I. Of the Dominion y or,
Oracle was delivered by the Priefts, w,- m^x^uayji
-^ J^XcL^y^'.^ That they p)otiU beam Lor is o/ tU Sea,
The Autor is one Semuf aa antienc Writer in
]ib'T^'^^'' " /^f/?ew.€«y ; where Thylirchus alfo relate's , how
chat when Tatroclm^ a Captain of Ttolo?Hie^ the
fon of Lagu6, had fcnt fifh and frclTi fi^s to-
gcther unto King Antigonw ^ and thole that
flood by were in doubt what w^as meant fay that
prefent, Antlgonm^^dixi hce, himfelf very well appre-
hended what might bee the meaning of fdtroclus:
o&:tUWoKfA- For, faith hee, cither ^atmlus mean's , ° that ^vee
TiVv^Zcev ^^^fl c?^^ ^'^^ SoVeraignty or Dommion of the Sea, or elf'iiiaw
-r^arym ^^^^ Qf that hcc muft feem ilotnful and tffjmi-
nate, or becom Lord of the Sea. Therefore hee
rnade no doubt touching private Dominion of the
Sea. And there alio the Glutton in JntlpJ^anes
the Comedian faith , it is neither profitable for
life , nor to bee endured , That fom of you Jhould cl.im
the Sea as peculiar to themfelvs , a?id fpend much monie up*
'm it , but no Visual for Navigation , not /o much as a
hit. Add alio that of Theocritus , touching the Do-
minion of TtolommsThiladelphus King of tgypc^over
the Sea as well as the Land,
Hee is Lord of much Land, and alfo of much Sea, '
And a lltde after , hee (peak's of the TampUlian^ Ly,
cw«, and the inner part of the remaining Sea, that
the whole Sea, and Land, aud -^vers wrefubjeci t) l^ing
^ ub.de flan- Ptolomie^ AUo,^ fhilo Judeus fait^^,lct noc Frm-
ces glory in that they have conquer d many Na-
tions, or that they have brought all the rivers and ^eas
Jo exceeding Vajl both in Number and magnitude under their
power. Moreover , though I/ocrates in his Oratioa
con-
tationeNo
•
OyipnerJhipoftheSea. Chap. XIL yj
concerning Peace (ecm's to hint, thit the Sea-Domi-
nion and Soveraignty, which the Athenians endevored
to maintain , brought many mifchiefs upon them ^
and alfo that it fomtimes occafioned them to u(c
Tyrannic againftthe Neighbor-Cities of Greece ^ yec
hee difpute's it as a thing that may com into exami-
nation , under the account of profitable and unpro-
fitable, and by accident, of unjuftj but hee doth
not in anie wife endeavor to prove it unjuft from
the nature of the thing it (elf. Yea, in another
place hee fufficiendy commend's that Dominion,'
chough not all things in preferving it. And the (amc
^ Autor faith exprefly, of both Cities, the Lacedem- , ^^^ , ^
man and Athenian ; It hapned that loth Cities did enjoy a ngtit.
Commmd of the Seu; which Ti>hen either of them held ^ they
had m(jfl of the other Cities obedient thereto. Wee read
alfo a difpute in AriHotle , ^ concerning a Qommmion or r^ ^^
common enjoyment of the Sea* to wit whether it may ^€>*V^1*»
bee convenient or not tor a well order a City ?
whether it were better it fhould remain common
to all men, fo that no man might in any wife bee de-
nied paflage, traffick, merchandife, and fifhing*
. Or that the u(e of it may bee fo reftrained, that it
might bee received into the Dominion of any Citie,
fo as to exclude forreiners f Hee difpute's this point
whether it bee profitable, or unprofitable j but
queftions it not at all as unjuftj having been abundant-
ly iriftrufted out of the Cuftoms of the Nations round
abbut, touching a propriety of the Sea as well as the
Land. Alfo his Schoht Alexander the Macedonian,
beeing viftorious in the Eaft,prepared for an expedition
againft Europe , that Hee, might htccm Lord of the whole
Land and Se4, as faith the Emperor ' Julian, And truly 3.%^^'J/;"'
among the People of (5rwe, cfpccialy fuch as border'd tUEmomip.
L upon
y^ Book I. Of the t>ominion, or,
upon the Sck, and others of chat nature in the Eaft,
to hold fupreme power and Soveraigntie above o-
chers , and to enjoy i Soveraigntie of the Sea, were
accounted almoft one and the fame thing. Nor
did they concciv that could bee obceined without
this. Frona whence arole that Council of Themlflos
clesy which Pompey the great alfo followed at Rome;
''Cicero ad " 2«f ^^^^ teneat^ turn necejfe ejfe rerum poti/K^^s^c. ^tt
Jtkuluk, Kbfjfcf) can pollefs tJje^ea, mutt neetis l)abe
^lutmtin COmmattD of allf ^o alfo lalth jfpac ^ Cajaubon
7hemiJiocle. upon i'dljhius -^ To haVe J^omimGn of the ^ea (Ti>htch is
"Comm.in exprejfcd by the Greeks Sct\aLo^y:^liiv) is Ti>holly^ and
Foiybinm ^^^^ hath been a great Jlrenphmng, and 04 it tip ere a pledg
* tif extraordinarie power. Therefore ^ the old 'n?riters of
Chronicles ^mong the Grecians, yeem^ before the injlitu-
tion of the Olympiads, there "^as no So^^ereign power of
any i^edpte of Greece in heeing, upon Tt>hofe aBions a
knowledg of times wight bee gromded^ therefore among the
other times ^ that t^ey made ufe of for the computi?ig of
times^ they omitted no): that particular^ but carefully kept
an acconipt of thufe People^ who had once enjoyed a Dominion
of the Sea^ and they exaBly obferVed in their Chronologies
allfuch changes as hapned in that matter. But you have more^
then enough touching thofe Cuftoms that have been
received in the fi"^, about the Dominion of the Sea.
Of the Splnetans, Tufcans, Carthaginians,
and other Lords of the Sea in the Weft.
Qhap. XIII.
NOr is fuch a Dominion of the Sea, as I have
mentioned, le(s cleat and evident, in the
antient Cuftoms of the Weftern Nations. The
splnetans, fo called from the City Spina fituate neat the
entrance
OiVner/hipo/theSea. Chap.XIII, y^
entrance of the River Po, were a long time Lords
oF the upper or A.lrtatkk ^ea^ beeing wonc to fend
very liberal Tenths ou: of their profics by Sea, to Apollo
a: Delpljos, ^o faith ^ Straho and ^ Dmjjttis HMtcar?iafs. '^^^ v
Who write exprcfly in like manner oF the Tufcans, }^^ u^[{[
chat they were 3cL\cir%xpxropxg^ in command of the
lower Sea, or that which v\anics the South -Coift of
Italy '^ that is in plain terms that they were Lords of tlye
Sea. And "^ Dtoionis SicuUs faith, the Tyrrheui ("or " ^i^^^io^b.^-,
Tufcam) p^Jpfsifi^ tl?€ Sea a lo7ig time as Lords ^ called it by ^J^r'.:):^^
their oivnKame. 3u: afterwards, the '^ Catthamiani ^"^''^'**
became Lords of aliiolt the whole Mediterranean^ ^ Dhdcus
which is more weft ward, to wm of the Sicilian and
African Sea ^ who beeing overcom in battel, A'^atho-
des King ot S>lcily enjoied the fame power for fom
time J from whom the People of Africa revolting,
that Dominion was foon reftored to the Cartha^lm-
ans. Thefe things were don in CXVIII Olympiad.
Then, for 40. years or thereabout, the Qarthagviians con-
tinued Lords of the Sea, and gave Laws thereto, chat is
to fay, until the fift funlck War, whch began in the laft
year of ihi cxxviil Olympiad. So alfo'?o/>irwj,' The c Hijior.
Carthaginians enjoying the Dominion of the Sea Itfithout ^^^-I'&s-
controVerfie And a little after ; TJ)e Carthaginians en- 'axJfi^ln.
joyed the command of the Sea "Without all controverfte, o/sre- drin-fub. Im-
celled from their Anceflors. But the Carthaginiam cn\oy€d ^nhi^'^'^ "^^
the fame, even long before the time of ^gatJyocles, as
it fufficiently appears by that League of all that was
made firfl of all betwixt them and the '^nwies^ at the
beginning of their Confds , or about the Fixtie eight
Olympiad, One Article thereof is in folyhlus, whoonely
mentions it to this effedt; That neither the Romams nor
their Cofjfederates 'Upere to fail beyond the *falr Tromontorle^ un- * j Promnt-
lefs driven by Tempefl. or forced by enemies- That was a ^^^i^^fMr'^
L 2 Promontory
7 (J Book I. Of the iDominion^ or,
promontorieof /^/Jic^ 5 and the Carthaginians wtrc fo far
Lords of the Sea, that they would not permit the R^
manes or their Con ^derates, to fail beyond that Pro-
montorie : which the Romanes themfclvs acknowledged
to bee juft in the League that they made. But in the
fecond League or Treatie of Peace betwixt thcfe famous
Nations in the Weft, it was farther provided; that
no Eomane fliould touch cither upon Jfrica or Sardinia,
unlcfs it were cither to take in Prov fion or repair their
Ships^ as you may fee alfo in ^olyhii^ : (b that the u(e
of the Sea was taken away , or rcftrained. And herc-
ilnverbo ^^^^ bclong's that oi ^ ^ompeius feflus ^ {ouch\n^i\\t
Tyria Ma- (fdnt or Carthagmians:^ Tlje Carthawii.ians haVing their ori-
"■** gmal from Tyre, Tbere jo powerful at Sea, that TSLaVtgation Ipos
ha:^ardous to all men ; For, the Carthaginians were the chief
'J^n ^^^\\ of the Pof^i. Moreover , § Idtus (^<£far writing of the
GallicOylib» ^r - \ r „ n /- if i i r i
^.c<jp. 8. Veneti a people or Wejkm Gallia about the entrance or the
River Loire, and of old very induftrious in Sea-affairs
above their Neighbors, faith. That in a great and open
current of the Sea^ having hut a few Torts lym^ here and there
Ti>hich arc in their poffrfston, they make alrmfi all mm fay Cu*
flom^ that "kfere T^ont to u/e thejame bea, 1 ribuce was paid
to them as Lords , for the ufe of the neighboring
h T>eGeJfii Sea, Nor muft wee pafs by that here, which ^ Taulus
rmlib\.c'av. Warnfredni rclatc's of Autharis King of the LomUrds^
53. qwd me- Thetc was a Pillar placed w ithin the very waters of the
^Jg'UT Sea,which walTi the City oi^hegium.To that fillar (faith
regno liiiu, Warnfrcdus) i\ing Autharis came on horfhack , and touched
Ub,i, f^ y^^ifiy (1^ ^^^ Q^ fji^ fp^A^i laying* ^Vf w in this place Jhall bee
the bounds of Lombard e. But wee muft treat next con-
cerning the people of ^9wf, the moft noble precedent
of all both for Law and Cuftom.
The
Omierjhip of the Sea. C h a p , XI Vo ^ y
The Sea.T)ominion of the people ofKoiUc^
and of fuch as foUo'wed their (^ufoms m
the Eaftern Empire-
Chap. XIV.
BEforcthe fir ft l^mkk War , the Carthaginians and
the ^I(pmams , both flrove wich equal Forces
and afFedions for the timpire of the World-
favc that they of Qarthage fceraed the more potent ,
by reafon of that Donninion of the Sea by them
held To nriany years. But then C. Vuillim beeing made
Gcncr^ of a Navie of CLX Ships, riding at Anchor^
and arm'd within fixtie dales after the wood had
been cut, almoft undid Carthage in that Sea, and
wholly reduced it under the ^mane power. And
Florus laith, * Ti^hen the Sea and thelfles Tbere tahn away, *^'"^' ^-^^f-
it jhamed that noble TSLation to pay Tribute , Tbto 'twere ^'
Tt>ont to command it. So, the Grt^^^w/^wx beeing deprived
of this kindc of Dominion, the Romanes got it by the
La^V of Arms and Vi<5torie j Co great and fo conftant
honor beeing, for this cauf, paid to fo renowcd a Ge-
neral , that Minftrcls were ever (ent to make him mu -
fick after Supper , and a Torch was carried before
him. Moreover, both the fhdnicians and Ctltcians had
Dominion over the Romanes Sea , as appear's by the
League made betwixt them and Antiochiis King of
Syria; wherein it was thus provided : That Antio-
chus fhould furrender his long Jhips and their yi?arlike furni-
ture ; and not haVe more than ten nimble GaUies ( none of
Ti^hichjhould bee rowed li>ith above thirty Oares) nor fo much
4S a Ualley ^ith me range of Ochres Tifhen heefhaUhaye any oc-
L } cafion
7 8 Book L Of the Dominion, or^
cafton to make a War.TSlor P?ould hee fail on this fide the Fromon-
tories o/Calycadnus or barpedorij unlejs it bee a ffpip imploied
to convey money, pay, or Emhajjkdors , or HoJlages.So laich
i> T>ec<id. ^Livie. But wee read in Polybius , NuUam habeto trij^inta
li^-^' remts aBam mVem, 3Let 1)1111 1)81)0 UO ^Ijip tOlDeD
Xbttt) ?o ^8t0S* In like manner Hannibal, in a
c Livjejib. ipggch n a Je unto ^cipio, faith thus, "" Wee deny mt^but that
all thofe places are yours for l^hich the War hath been undertaken^
Sicilic, Sardinia, Spain , and all the Jfes contained in the
Ti>hole Sea, betwixt Africa and Italic. And maylpce Cartha-
ginians, that are confined "Within the flmes of Aix'xQ^Jceyou
(Ji>hen It jo pleajeth the GoJs) ruUng foreign Dcminions by
Land and Sea, And a little after, the Peace becing agreed,
five hundred Ships of the Carthaginians that were rowed
with Oirs, were by them feized and burnt. To wir,
that they might not ufe the Sea , which was then to
bee in the Donninion of others. Afterwards alfo,
i Ep;V. Liv. the Senate of Carthage was chaftifed ^ ^ becauj they had
lib ^S.& an ^rmy, and materials for f^ipping^ (contrary to the League :
^^' And it fi^as decreed, that War jhould bee proclaimed againH
them^ hecauf they had caufed their Armie to march beyond
their bounds ^(^c, Alfo, ^linie iaith exprtfly concerning
^Nat.Eijior. Tompey the great; ^ That hee freed the sea-Coafl from Tt-
hb.y.caf.26. y^^^^ ^ ^^j reflored the Dominion to the perple of Rome,
Moreover^ as touching the vafi: Sea-dcminion of the
^mune people, Vioriyfim Halicarrtafs faith j ^ Rome is
lib J, " Ladie of the '^hole Sea, not mely of that lt>hich lies 'Within
HercuiesV Pillars ^ but alfo of the Ocean it /elf Jo far otitis
navigable. This is indeed an Hyperbole ; But in the
mean time a clear Teftimonic of a. very large Sea-
^Infuutt' dominion. As al(b that of ^ Appianus Alexandrini^s -
The Romanes (faith hee) hold the Dominion of the y^hde
Mediterranean Sea. Other inftances there are of the
fame nature. But truly , that exprefsion of a very
^ eminent
O^vnerjlnp of the Sea. Chap, XIV. yp
^ eminent nian is not to bee admitted, who faith of ^
examples of that kindc , that they do not prol^e a pojfef- tiJfdejure
fton of the Sea or of a Ki^H of NaVi^ation, For as particu- Belli & fads
Ur private men^fo alfo people and Nations may by Leagues ^. i^'/*^*^'
and Agreements, not onely quit that <^i^ht yi?bich peculiarly pojfuntemm
belongs to them^ but that alfo lohich they hold in common Tbir/; all utfmguU^ hi
men^ in faVor and for the benefit of any one ^hom it concerns, g^/"^"*''
And for this hee refcrr's himfelf untoM/pww, who will
have that Ceflation of fifhingfor Tmies in the Sea (of
which more * hereafter) to bee derived from the * in cape
Aucoritie of fom ftipulation or Covenant, not from t^oximo.
any vaflalage impofed upon the Sea. Surely by fuch a
kinde of dilHndioUj whereof Ulpian is indeed the Au-
tor, the {ame may bee laid either of Dominion or vafla-
lage (as wee call it) of every kinde. If to occupie and
enjoy in a private manner, by Right to hinder, and for-
bid others, bee not Dominion, it is nothing. More-
over Caffandra in Lycophron, prophefied that the people in
Kome mould have fuch a Dominion, where fliec attri-
bute's to them
The Scepter and Monarchie both of Land and Sea*
Hereunto belong thofe things above mentioned, touch-
ing the Command of Tompey held by Commiftion
from the pet)ple of Kome, as alio thofe other which wee
meet with now and then among writers, concerning
the Sea-Dominion of the Romans. Suetoniiis faith of
Augujlus Cefar , * Hee placed one TsLaVie at Mefinum and ' In Auguflo^
another at Ravenna, to guard the upper and lower Sea, ^'^P-^p-
But ^ Arifiides faith this Dominion was not limited ^inKenu
to the Romans by certain Bounds (as of old to the
Athenians ) but that it incompafled their Empire round
like a girdle. And Thmijlius fpeaking of the Emperor
Theodofita
encomio.
So
Or4t. y.
pciis Jftjiini-
anif cap de
" Mathefeos,
lik, 6, fa^. I .
• HalieMic,
lib. |.
Book I. Of the dominion, or,
Theodofeus the elder, faith •, ^ ii>hat T^euld you fay of him^ "^ha
is Emperor or ^ler of dmojl the ft^hole Earth and Sea. In
like manner , ^rocopim making mention of a Statue
of a Romane Emperor, holding a Citie in his left
hand, faith, that the Statuarie's meaning was, "* that the
Hfhole Landfi^as fuhjeEl to him^ astipeUastheSea. To the
fame purpofe fpeak's TsLkefhorm Calltfim in the Preface
to his Ecclcfiaftical Hiftory. And f Julim Firmicui^
(peaking of fuch perfons who have in the Schemes of
their Nativities, the Moon encreafing in the thirtieth De^
gree of Taurns , fortified with a friendly Afped of
Jupiter^ faith, they [hall pojjefs the Vom'mms of Sea and
Land, Tii>hitl)erfoever they lead an Jrmie, Oppianns faith to
the Eniperor Antonmufj
Under thy Laws or Scepter the Sea roles,
And Fifhesfwlm throughout thy Sea injholes^
'Virgil
i/£neid. i.
And Venus to Jupiter ^ concerning the future Empire of
the Komanes
^ Certe h'mc Komanos, otim volventihus annis^
HincforeduEiores, renoVato /anguine Teucri,
Hut Mare^ qui Terras omni ditione tenerent^
9oUicitus : qude te, genitor^fententia vertit i
^tntt Romans ttteit iD^fsin^l CDottlt) mt
|)n aftec^mtSs tDon once DiDtt p;omtfe mabe;
mh%mtt»ti^im,tti tnlebott) ^ano ano
i&ea^
froraTcucer's wottDjttJDatawetsftDpDecm^
From
Owierjhip ofihe Sea. QuavXIV.
From whence the Tame Poec, in another place, fpeak's
of AugnHui Cizjixr,
•^ An Deu6 immenft ^^ema4 Maris ^ ac tua Kaut^ *« Georgk.
Numina JgL colant -^ tibi ferViac ukmu ihule, ^'^^^'
Teque fib't generim Tethys emat omnibus undis.
* £>? MyttW tIjOU tlje (1500 mXt W TranOated
£)f tl)ei)aa^ea, anD ihuie. fartfteft ftjo^e, ^-"^y wor-
£)j m alone m ^mm ffiiill atio?e, nU"""*
:as > hctys ;g)on-in laU) ibitl) all t)cr ;S)eas ^^^^^
dSibcnfojaiiotberjic*
And Claudian of Sci/?w Afncanus^
^ Ergo feu patriis primdVits Manlbus ultor t p^^e^^ -^
Subdtret Htfpauum legibus Oceanum, ^ib. 3 .de Lau-^
dibffi Stilko'
%\)t\\ tt^etfjet m rcbenge to's jFatljer's gljoft, "^*
i^(e qucirDtDe^mupon tfie^pamiljCoaft*
Or what other bufinefs foever hec did , Ennm was
ftill at his elbow. In like manner, Conjlantinm Mo-
mmachm is, by John Bifhop of Euchdita^ in his lambicks,
called indeed Emperor of the Eajl j but according to
the cuftom of the Weflem Empire,
Lord and ahfolute SoVeraign both of Land and Sea.
As alfo the Emperor Leo by Varadatus ^ ^Terr^Md- ^ ^^n^'i-
rifyue Dominm , 3lO?ll Of m ILmX^ attD ^08* So f^Tot^^;''
that in the Empire of Conftantitwple ^ which followed Mt.i.Edit.
the Cudoms of the Wejlern, the Aegean Sea it felf was ^'^1^^'
reckoned among tbc Provinces , no otherwife then
Samos, Cyprus , of other Iflands or Terrirorics of any ^
kindc whatfoevcr. This appear's out of ' Conjlanttnus rhem,i'j.
M for-
8x Book I. Of the Tfominion^ or ^
Torfjhyrogemietus his Themitaj where alfo the Hellejpont is
cxprcfly afsigncd to the Commander in chief of the
Aigpan Sea,togcther with the Territories lying round
about. And truly the Cuftoms out of this Sea were
very great, oncly upon theaccomptof Fifhing. Som-
times ten, fomtime twelv thouiand Crowns, were col-
lected out of it yearly» Wee learn this alfo out of a
Decree j whereby Andronicus TaUologus, one that kept
the State of an Emperor , but lived a chambering idle
life within his Palace, had for the vidualling of hitnfelf
and his retinue, the yetrly profit of the fifiiing before
Conftantinople , Tbewf to ke Valued at that time , at ten
° Lib, 9. thoufand Crowns ^ as faith, " Nicephoru^ Gregoras, The lame
^^cuzm^' ^^ ^y ^^^"^ called Topiatkum ^ "" fopicum^lt'is named alfo
hiji.hb 2.t.i. ^ifcinka and Topice. Moreover, in the fervey or brcviarie
Etjib.^.ca^. ^^ the Dignities of the Eaft, onely three Provinces arc
jo.Meurfxum rcckoncd Under the 'Proco«/«/ o/./4^4, after this manner :
in Glojfa-
m, verb. ^^J^^fe Trovwces under-wtiten are under the
Et Jul c4 charge of that eminent ferjon the
Srt. Troconjul of Jfia, '
caf 72, jyja •
Thel/les'^
Hellefbont.
7 L.unic
C.de Officio
Alfo, the Office of the Confular GoVemor of HeUejpont
is mentioned in the Decree of the Emperors ^ Ho»
ComhiTfacri norim and Thedoftus , where it is transferr'd out oi
'Matrimonii, t^g power of thc Deputie of Jfia into that of the froA
conful of Jfia (who at that time was SimpUcius,) Inj
* So called another place alfo , in thc Novels of JuUintan^ wecj
w/HwaCity findc Hellejpont joyncd with ^Tontus folemomacus by
o£caffado~ j^g namc of a Province or Lievtenantfliip. I know
indeed
OvpnerJhipoftheSea. Chap. XIV. 82
indeed that Helkj^ont is taken here by learned men,
not (o much for that narrow Sea which divide's Eu-
rope from Afeaj as for the Sea-coaft of Ajia. So ' Guidu^ ^ inNotUia
^anciroUM upon the ^nViarie, In this place (faith hee) ,02^"''"^'
thut Countrey ef Afia is ftgnijied "^htch is fituate near the
thefhoreofHtUtjj^ont, Ceitainly, itis (eldom enough I
fuppote, that wee finde the n^imc of HeUeJpont ufed cll-
where for any Countrie of * Jfiaj but rather HeUeJpon- » f'idt One-
tia, Bucif not the narrow Sea it ftlf, but a Countrie ("^ ''l^^'^"
of the fame name were delcribed in the ^reVtarie, pa^hyverb.
whcrefoic then is this Countrie onely fo remarkably ^'^Mp^^-
named with Jftt^y whereof it fclf could bee but a fmall
part ? If you take it for that very Sea, the matter is evi-
dent, and feem's to agree very well with it felf. It is mod
confonant to realon , that the fpatious Province of the
Troconftd of Jjla was denoted by jfia it felf, the neigh-
boring narrow Sea, andthelflesj Not thus^ by ^^4 if
felf and the IJles^ adding moreover I know not what
pettie Countrie,ob(cure cnough,and (uppofed alfo to bee
a part even of Jfta Alio the Cuftom of the folio wing Age
feem's to interpret a more antient Government in this
place.The viiry ^gean Sea (which comprehend's almofl
all this neighboring Sea) is exprelly number'd by the
aforcfaid Cwjlantinus Torphyrogenitt4Sj among the Jurif-
di(^ions,Lievtcnantfhips, or Provinces of the Eaft. His
words are, ^ !But the -^gean Sea it felf alfo is reckoned among ^ Lib.i.
thefroyinces. And a little after alfo concerning the ifles, ^^^'«•'T
he faith, There belong to the command or Government of the
Agecai ^ea the Ifks called Cyclades, and thtmoH eminent of
the Sporades, Mytilene, and Chios, and Lemnos it felf
So that thelflesandtheSeait felf might bee conteined
hcre,as particular parts of the Government or Province,
as well as any other Regions what(bever. Moreover,
it is to bee obfcrved out of the Notitia or Sreyiarie of the
Ml ^ Eaft.
84- Book I. OftheVominlonyOXy
Eaft, that in the badges or fignal Ornaments of the Vro-
co«/«/ of/^^ which were ufually painted in that Com-
mifsion whereby hee was eftabhflied in his Govern-
ment, there were contained (befidcstheej[/z^/>f ofthc
Princes, and the Book of inftrudions) reprefentations
of three "^omen, (et forth aUke with towred Diadems
on their heads, according to the patern which wee (hall
prefent you with by and by , reprelcnting thofe three
Provinces together^ to wit, Afia^ the Ifles^ and Hellefpont
in fiich a manner^and fo remarkbly noted by an addition
of their names, that there is not the leaft fiiadow of Rea-
fon, why wee (hould grant the laft to iiave been a part
or Region of the firft, I thought fif alio , to add here
TanclroUus his defcription of thole Pidures or Reprcfcn-
(entations, who hath made ufe not pnely of the printed
Books of the !BreVtarie,(ct forth by Alciatm (from whom
wee have taken the Figure) but alfo of the Manufcripts
of Fulviws Urfinm and others. This Troconful (faics
PanciroUus) underneath the !Book of InflruBionSj hath the
piBures of three Ijomen ^hich reprefent the Troyinces committed
to their charge^ to Tii?/V, Afia, the Ifles, and Hellefpont, as the
Infcriptions of their names upon them dojl^ew* Ihefe hear a kinde
of royal Ornament on the head (the printed Books ray,each of
them had a towred Diadem) and vejfels full of coin in their
hands ^ t^^hich fignified that the levying of 'tributes in thofe three
Provinces, belong d to the Proconful. "fhey yi>ere afpareltd aljo
in long garments of Gold.TheManufcripts fay they haVe "^hite or
skie-colou/d Afia Tifearethjhoos or Sandals and a skie colour d
Mantle-^ The other are li>ithoHt p?oos : Shee Ti^hich reprefent's the ^
Ifles li?eareth a purple Mantle ; Shee "^hich repre fern's HellcC
pont agreen one. ^ut in the !Book o/Urfinus, they are alljhod
high Tbiti red buskins ^not differing in their habit. In Mandruci-
anus they are fet forth in longgarments^ 'n>hich almojl cover their
feetJThus far hee. And now judg yee, whether it bee like-
ly
OwierfhipoftheSea. Chap. XIV.
ly or no, that any pectie Countrie of Afta fliould bee fet
forth in thefe Ornaments in an equal Itate and nniajeftie
with Afta ic felf, feeing even this had comprehended that
alTo^no otherwiie then the whole doth the fmallcft part.
85
There
8^ Book I. 0/ the 7)omin!on, or.
Their towred Diadems , equal Stature, majcftie and
wealth not differing at all , fecm ro point out (uch an
ccjualitie, that neither of them,can appear,by this form
of defcription, to bee reckoned a part of another. And
fo, that HeOefpont cannot in that place bee any other then
the Sea it (elf, or that Arm of the Sea flowing between;
which beting thus joyned with the Ijles to the Pro-
confulfliip ofAJia , upon one and the fame account of
Dominion, the Provinces of ^^^ and Europe became in
acivilfenf, either continual or contiguous. Yea, when
there was no fuch diftindtion of Provinces, the ad-
jacent Ifles and the Sea it (elf,made one entire Provincial
bodie alfo with the continent* And hence it came to
c r If P^fs that the Ifles of Italy were *" part of Italy j as alfb
dejudiciis^ of cvery Province 5 and fuch as were divided from
de qu& vide j^aly by a fmall arm of the Sea, as Sicily , they ^ were to
iraKde^n' ^^^ reckoned rather among the Provinces oftheCon-
fuiii^ca^.iy tincnt. The Seas lying between did not hinder, but
dL.99.ff.de tl^^'^one continued Teiritorie might bee made of the
verb./ignif. continent and the Ifles. And that al(b by the Autoritie
of Ul[ian, who notwithftandingufeth to fay, that the
Sea is common to all men. But of this hereafter in
our Anfwers to the ObieBions. The fame M//)ww alfo in
«1.13.$. /I another place ftith/ S<' ^«« me prohibet in mari fifcari, vel
quisff. til. dc everriculum (src. ^f ait? matt fOjblU'S \m tO fi(||
jnjmu. ^ (Uj ^^g^ o^towatbaDjagmt (which the
Greeks call o^y^y.) «lap 3 for t)im 0? tio at JLaVi
won aw action of ICtefpafs^ sm thm are of opi-
mn that 1 may fue him upon a Trefpafs -^ So Pompon i us,
and many others fay ^hee is in the fame condition fi>ith him that
hinders one to tt^ajh in a publick ^ath^ or to fit in a publick
Theatre i or to aEt^fit^ and con'verj in any other place ^ or put
cafe, there bee any me that permits meemtto ufethat^hich
it my Ofpn, 'But the Antients allowed art InterdiH to him that
hirtJ
OwnerJhipoftheSe^. Chap. XIV. 87
h'mi the Sea^ if Jo bee he hired it in a puhlick manner. Fur,
force hy that Inter diH is allowed , that hee may enjoy ^hat hee
hath hired. Therefore the Sea, becauf ic was poflcfled
by the people, was reckoned among pubHck things ^
thac is, thofe things which are proper and pccuhar to
the people of ^me^ not common to all men, after ano-
ther manner then publick Baths, Theatres, and other
things of that kinde. And what doth to hire in a pub-
lick manner llgnifie in this place , but to becom a hirer
or ConduFior of the Sea, as the people was Lord thereof
and Letter or Locator ^ 1 fuppofe no man doth affirm,
that any thing may bee let for Rent or hired, which may
not fo belong to one man , that can not bee ano-
thers. But becauf publick Places , by the ^ Civil * Roman.
Law do ferv for the ules of ^private perlbns, there- t L.2.ff.Ne
fore ^omfonm and others were of opinion, that there quid in Loco^
might have been here an adion of Trefpaft. More- ^*
over, it was an Edidl of the Trator^ That you do nothing
in a publick place or cafl any .thing into it, ti>hereby it
may bee endamaged. Hereupon Ulpian faith ^, againft gLoc.dtau
that man Tb/;o hath cafl a Dam or Tile into the Sea , §-^-^ ?•
an InterdiEl is allowed him tt>ho perhaps may bee enda-
maged thereby. 'But if no mm fuflain damage^ hee is to t
hee defended '^ho build* s upon the fhore , or cafls a Tile
into the Sea. If any man bee hinder' d from fifhitig or NaVigation
hy Sea, heefhaUnot have an Inter diB-^ nor hee Itkewife^lufho may
hee reflrained from playing in the common Field, or from "^afhing
in a publick Bath, or from beeing a fpeSiator in a Theatre, But
in all thefe Cafes hee mujl ufe an ABion ofTre^afs, Therefore
a Prohibitoric Interdict or Decree was to bee ufcd ,
when dams were caft into the Sea no otherwife then
when damage was don to a Theatre, Bath, Court,
or any publick place whatfoever. To thefe things,
which manifeftly belonged to the people of -Rome, and
were
88 Book I. Of the T)ommion, or,
h ],;/j/, J. WCJ^c not common to all men , is the Sea everie way
Ker. vivif. Compared, even by illpian hjmfelf. There is alio
M— r«/ the iame account made of the fhores and .^ea ^ by
2.f.deviv:f. thole that fpeak for a Communitie of the Sea. Nor
^^^- are they faid to bee lefs common by 'Torn, who treat
iL.i^.f de of them apart, as by ISleratlu^, and Ulpmtps. But ^' Ccljus
Acpir.'Rer- faith Ithiiik thofe p?ores do klojig to the ptoplc of KorriC, ovtr
de^niuril. ^^^^^^^ ^^^^ peopU ofRowchaVe dom'mm. But that which
§7. folio w's there, that the ufeofthe Sea is common toallds
kL,i,.ff.Ne thejer^ and that the Ttlts cajl into It belong to hm that cajl
quid in pibli- them> IS plainly qualified, and manifciiiy reftraincd
" '"^''" to the manner of the Dominion of the people of Rome,
in the words immediately following , where Celfm
faith, TW is not to bee granted, in cafe theufe of thejhore
or ^ea may by that means bccom the Uporf. Certainly ^ /if
the former words were meantoffuch a Community
or enjoyment common to all men, as would not in
any wife permit the Dominion or propriety of a par-
ticular perfon, what mean's that then, that the ufe ??iay
hecom the li^orf: For, if a place flhould becom tne
proprictic of him that doth pofTefs it, in the fame man-
ner as that which had before been pofTefled by no
t man , and no regard fhould bee had here of the
Dominion or Right of another, then it would bee no
lefs lawful for him that (hould poffcfs it, to make the
ufe thereof the worfto others for the benefit of him-
fclf, then for him that fliall fettle in a Field that never
wai feized yet in the po/Tefsion of any. Therefore,
Cel/us would have the Shores and Sea fo to belong
to the people of ^me , that the condition of them, as
ferving the ufes of all private perfons (and that, as hath
* Roman, been faid , according to the * Civil Law , and fuch
qualifications as are added out of the Edids of the
^rM(»'i^ and the like ) could not without injury bee
made
OwierJhipoftheSe4, Chap. XV, S9
made worC to the prejudice of the Commonweal. .
Of the fame minde is SceVo/^, ^ That by the Law of' in litor^y
TSlatms men may build um the [Jme, if the puhlick con- i^^^i^nuum
ceniment do not hinder. And Arijio, "" quod Mart occupa- ufus publuus
turn efi fit publicum^ tl)at tbDicl) IS poffeffeD in tftc ^^^f^'!- ^*
^eabeCOm'SpuWiCfe. Itpalfechintothc patrimonic tJ;^]^
of the people ot Rome-^ for fo the word Tuhlicum )^Ub- ^'^^^
liCb do:h figaifie ; which the Greek Lawyers term ^^,^/1^]^'
^y^^jijv or that Tt^hich bdongs to the people ^ not equally fione.
common to all men ; by whom alfo the Sea it felf
is " in that fenf called Tublick Other Inftances there ° Gioff^veL
are ©f the fame nature ; Whereby it is made manifeft, 'lwmW *
as well out of the determinations of Lawyers , as the
Tranfcripts of Leagues and Treaties, and the writings
of HiftorianSjOracors, and Po^cs, that a Dominion of
the Sea was inufe among the ^mansy after the fame
manner as the Land.
The Dominion of the Sea ^ as it belonged to
private perfons under the Roman Em^
pire , together with that Sandlion efta-
blifhed in the Eaftern Empire^- yvherehy
the perpetual community of the Sea which
was pretended to by fom , beeing utterly
abolijhed as a thing unjuft, the Dominion
even e?/^ private perfons therein is ajferted.
w
Chap. XV.
Hat hath been delivered in the fore-going
Chapter, touching the Dominion of the Sea,
N hath
po Bookl. Of the dominion, or,
hath relation to the Dominion of the whole bodie cf
the ^miane people, that is to fay^to the publick patrimo-
nie of the State, wherein a private Dominion is proved^
no lefs then in that of particular perfons. More-
over, there arc to bee found among the Romme
Cuftoms, very ample teftimonies to prove that a
proprictie in the Sea hath been inflated alfo on
particular men ; fuch , to whom either the people
or timperor of^ ^me according to the Civil Law
and Cuftom of the %omanes^ demifed, rented, cr
made a grant of any part of their Sea within the
Empire, The rich and more nragnificent fort cf
Citizens^ foi the convenicncie of largerjifh ponds,
bringing the Sea into their grounds, made it their
own , and became Matters thereof with as good
a Title as they had to their adjacent Land, Ihere
t Pe re R«- y^tlng ( faith ^ Varro ) tivo kindes of Fif7-poridf, one of
ftica,lih.'^. FrefJ?^ ihe other of falt^ater -^ the firmer fort are or dinar ie
'^"^'^^' and little ^orth, /tub cvs our Comtrie Ftfh-fmds that are
JuppUed "ii?ith "^atir hy little flreajnes -^ hut thofe fait-
li^ater-Tonds are to hee found in the poffeJ?ions of Koble^
mm ^ and are fupplied hy the Sea as "U^ell wh Fifl? as
Tl^ater j yet they yield more delight then profit , the piling
of thofe 'Penh beeing commsnly the draining of the Owners
purf Now what was this, but to becom proprietaries
of the Sea, fo far forth as it v\"as derived, or in-
clofed in their poflefsions ?
^DereRu' And ^ Columella, Who lived in the time of Clau-
ftica^lib.s. Ji^^ relate's that the Romanes in antient times for the
^j^'\ ' moft part ufed none but in-land Fifh.ponds, floring
them with Spawners of the larger fize • prefendy
adding ; TSiot long after that good hmhandrie T^oi laid
a fide y Ti>hen the health and luxurie of the fuccetding age
made inclofures of the Ocean aiid Seas themfehs. And the
yearly
O^^ner/JnpoftheSea. Chap. XV, 91
yearly Revenue of (iich Demains , which bordered
upon the Sea, was advanced by thofe Ponds or In-
clofures of the Sea as well as by any Lands, Lakes,
or Vineyards appertaining thereunto. The fame Co/«-
mtUa, dkfcourfing hereupon, hath this paffage, ^ut fee-
mg the cuflom of the times hath /0 far prevailed, that thefe
things are not onely in ufe , but haVe gotten the reputation
of magnificent and noble contrivances ^ ft>ee alfo^ leajl ^ee
fhotdd feem morofe and importune reprovers offo long and
fettled a praBice^ Ti^illlhow "^hat profit may redound from them
to the Lord of the Manor ; how hee may raif an incom
by the Sea , if having made a purchafe of I [lands or Lands
bordering upon the Sea , hee cannot reap the fruits of the
Earth, by reafon of that barrennfs of the foil ftfhich ufually
is near the Shore, So that we.' (ee the Revenues of
a iVanor were improved by managing the Sea, as
well as Land; and the Pofleflbc was counted
Lord of the one no more then of the other.
This ufual right of Dominion over the Sea is
mentioned alfo by ' S^Ambrofe-^ For the/erVmg of their ^" , ^'^^^*^^^-
frodigiomluxurie (iskhhtt) the Earth by digging of chan. ^'ijfjcNai
?iels is forced to admit theOcean^ for the making of artificial Mecap.^,
Iflandf, and bringing litle Seas into their own poffpions.
They challenge to themfelvs large portions of the Sea by
rights and boafl that the Vifhes , like fo many bond-flaVes,
have lofi their former hbertie, and are fubje&ed to their
Jervice, This Qreek of the Sea (faith one) belongs to
mee, that to another j Tht0 great men divide the Elements
among them/elvs,
Fot Examples, there arc the FiQi-ponds oiLucullns-^
famous for his expenfivenefs in this kinde : Hee, hav-
ing made way through a Mountain near Naples^ inclo-
fed the Sea and became mafter of thofe water-courfes
which ^ Tlutarch call's Sea-Courfes and Chafes for the* InLu^uHl
N 1 breeding:-
9 L Book I. Of the T>omwion, or,
breeding of FiJ}?. Whereupon Tompey the Great ^ in mer-
^Hijiorhh. rlment (laich ' ^aterculws) ^as f^ont to call Lucullus
* Xerxem ''•'^ * gpwned Xerxes, in regard that by damming uf of
togatum. Chanels and digging down Mountains , hee took the Sea into
fpiinN'at ^^-^ ^^^^' Jhejame Lucullus (faith ^Phnie) digging down
HiftorJib p. a Mountain near Naples at greater -charge then hee built
<"''P-5'?- his Vtlla^ took an arm of the 'tea into his Manor , "^hich
ga^e occafion to Pompey the Greats to call him the gowned
Xerxes, The fame conceit in Tlutarch is attributed
to Twi^ro the Stoick. That concerning Xerxes is ve-
ry famous
tEpigramn. s Hx terrd fiat- hac Mare. dixit eat-
^m run ti)t ^ea, Dec fain ;
Xljere, let firm JLanh M maoe j
When hee commanded the Sea to bee brought round
ft Lib. 9.cap. about the Mountain Mhos, ^ And Vakrim laith of
5°' Cains Sergtiis Orata^ That hee migh not haVe the jerVtng
of his palate depend upon the plea jure of Keptune^ hee con-
trived teas of his own , intercepting the ^aves with his
trenches J and fo incloftng divers JJ?oles of Fijhes "^ith dams^
that yiphat tanpcfluows "leather foever happened y Orata's
Table ti),ts never unfurmJJ?ed l)?ith fvarietie of Difhes,
The fame hbertie was uled upon the Formian fhorc
E^hr-^^' ^y ^pollituris^of whole Fifh pond M^m^/ Mpcak's,
Si quando TSlcreM fentit ^oli regnum,
%det procellas tuta de fm Menfa,
fijcina '^mmbumpajck, iS!" Lufos yernas,
m\)m voms no %(iiti it o?e t^t ;g)ca,(t fcisl)t
^I3e5fifl)ec,t)is ICable lausD's attljeir fpistjt;
©p Its ottjn pjjtjate fto?e kcmn ftom neeD,
mi)iit captitfD i&ifees anu Xmms ififtj'
ponti0 \)m^»
All
Omier/hip of the Sea. Chap. XVI. 91
All the varietie of Fifh which the wider Sea afforded,
ApoHinam had readie at hand in his Fifh.pond j which
was nothing cl( but the Sea lee in from the fhorc
into his poflefsion.
ContraEla pifces. JBquora fentiunt, '
jaElis in ahum mclibus.
^ucH Dams are catt into tl)e mairt,
Xl)e ifift foivomt of toomcomplairt*
So faith Hor^cg.. and in another place/
^ (^icmefitts licet occnpes ^24.
Tyrrhenum omne tuts Mare Tonticum.
tJ)ougt) tf)ou tiiv n^aUs do raif
Xtjjougl) all t^t i uican anD tt)e 'ontick §>tas*
And faich Saluft • ™ To Uat purpofe, fhould I rdate thofe " I"; ^.fJ''
things wnch cannot jeem credible to any, but thoje "^ho haVe
been ek'^ltncjfi's 5 how Mountains have hem removed by
fever all private perfom , and Seas brought into their places ?
Cf this (ore, were the Tifli ponds of " fhili^pus^ Hor- r^yaxro^de
tenfttis, and others, all made by taking in the Sea. j"^R«^'<^^»
Moreover, wee finde that Soveraigntie and Domi-
nion over the Sea, hath been fomtimes conferred by
the Patents of Princes. The Emperor Trajan^ when hec
endowed the Citie oi Tharfm with Immunities and
Privileges, bcfides the Tcrritorieof Land lying about,
added alfb a grant of JurifdiBlon and Dominion over the
rivsr Cydnus and the adjacent Sea , as may bee feen in
Dion ° Chryfojhm. And it is very probable, that the " ^^^^' ^4- .
Maritimate rights of Neocefarea^^ which Theodorus \>lnConcil
^alfamon faies, were compiled by the Metropolitan of ^J^^^'^%
that Citie, had refpedl unto the like Original ; asalfo can.n.Sj-
thofe privileges in the Sea, which the Emperor Com- ^'^^•7-
N 3 fi^nns
9 4- Book i. Of the T)ominion, or,
nenu^ granted to a great number of Monaftcries, accord-
ing to the fame Author*
The ancient Lawyers alfo arc not (ilent, as touching
iLib.u\..fd^ the Dominion of particular pcrfons in the Sea. ^ Taulu^,
Injuriu. q^^ q[ greateft note among them, declares himfelf ex-
prefly thus ; Vsrily^ Mphenjoever a proprietk in fom fan of
the ^ea belongs to any per fon, that perfon may fue out an inter -
dm of uti polsidctis, in cafe hee bee hinired from the exercife
and erijoyment of his right-^ becauf this matter concerns a private^
not A publick cauf-^ feeing the fuit is commenced for the en-
joying of a right ^hich arifeth not from a public k but pri-
vate Title, For, interdiSfs are proper to bee ufedin private
cafes ^ not in publick» Nothing could have been more
plainly fpoken, to (how, that, beyond all controver fie,
hee admits a private Dominion in the Sea , even of
fingle perfons. Yea , Ulpian himfelf , who was fo
fondly inclined to favor the opinion of a perpetual
communitie of the Sea, doth fufficiently acknowledg,
that common pradice and received cuftom was for the
\n-urfi" Other part. •'7// cafe (faith hee) I forbid any man to Fifh
before my Houj or ^ialtie , "^hat can bee faid f may hee
fue mee upon an aEiion of Treffafs, cr ?io ^ The t^ea and the
jhores indeed are common to all^ as the Aer. And it hath been
declared, that no man can hee prohibited from Fiflnng^ or fowU
ing^ any other wife then as hee may bee debarrd from entring
u^on another mm s ground. Yet for a man to bee forbidden to
Fijh before my Houf or ^yaltie is the common cujlom^ aU
though grounded upon no Law, Wherefore if any man bee
prohibited, hee hath for all that an ABion ofTreJpafs. Hee
grant's it was a received ufe and cuftom, that (ubje<5ti-
on fliould bee thus impofed on the Sea^and fo a private
Dominion thereof bee admitted; butleafthec (hould
bee found unconftant to his efpoufed opinion of the
communitie of the Sea, hee hath prcfumed to declare
it
O^nerfliipofthe Sea. Ckap.XV. 95
it don without any Law or Juftice. Yet 1 ee himfclf
deliver's his judgment in another place thus, Tht
"Venkr or fdUr of the Geronian Farm mfofedfuch a condition
on the Botrojan Farm, T^hich hre full kept in his hands ^ that
from that time forward no fiP^ing for Tunies fwuld he
ufed ubon the Coaft thereof, al. hough no private contraEl can
lay a rejlrmt upon the Sea ^hich nature jet s open to all Jet
in regard honeUie and faithful dealing in the agreement require
that thyis Jrtkle of the f ale heeobJerVcd, the perfons that are
in prefent poffefsion, and they ihatfuaeed into thefaid Farm, are
obliged by the condition of the coVenattt or bargain. In this
cafe, the owner of the Botrojan Farm renounceth his
right of F idling. And Ulpim might as well have
faid, chat reftraint or fubjcdion was impofed upon
that adjacent Sea (as indeed it was) but that hee was
fo unwilling to forgo his Opinion of the Seas unal-
terable communicie. Moreover, the purchafer of the
Geronian Farm was fo fully poffcfTcd of the Sea that lay
before the 'Botrojan , that by virtue of this fiibjedion
really impofed on chat Sca-territorie , the Owner of
the Botrojan Farm could never after juftly claim or exer-
die a privilege of Fifhing for Tunies , without his
permilsion. Whereupon, ^ Stephanm Forcatulus, once ^inCufWm
Profeffor of the Civil Law at 7'/;o/a/^,conclude's to the ^"^ ^'''^''
purpoft; That there is nothing to hinder^ but that the Sea ^
though common to all^ may by puhlick decree bee fuhjeEied to
a Trince by the fame right that hee hold's his adjoyningI\ing^
dom ^ (ince the fame thing may in a manner bee ejftBed by
virtue of a private compiB : Where, by private compact,
hee mean's that concerning the Purchafer of the Gero-
nian Farm^ as hee himfeU faith exprefly in the fame
place. But the opinion of Ulpianus for a perp?tual com-
munitie of the Sea, was (b entertained as auchentick by
the Lawyers of the Eajiern Empire , that thei:e was no
Law
96
^Eclog.lib.
5 ^ tit. 6.
jeude Pifca-
tcritus.
'^LeoImfc-
rator in N'q-
vel 5 6.
ll(ilV
V /{•
Book l. Of the T)ommon^ or,
Law in force among them whereby an adjacent Sea
might bee made appropriate;, or any man bee debarr'd
the libertie of Fifliing by the Owner of fuch Lands as
bordei'd thereupon. And if any one were debarr'd,
hee might have an Adion of Trefpaft. Which is
manifeft enough^ not onely in the ^afdica ' (which be-
fore the difmem bring of them were a bodie of the Law
of the Grecian or EaUern Empire) but alfo by the Decrees
eftabhfhed by the Emperor Leo ; by virtue of which
that ftale opinion of the communitie of the Sea, teeing
utterly cadiiered , as not agreeing with equitie, that
ancient one of the lawfulncfsof a pofTefsion and pri-
vate Dominion in the neighboring Sea^back't with the
Autoricie of other eminent Lawyers , was enterrain'd
again. Moreover alio, it was fo firmly ratified by an
Imfeml Sa?iSlm, that from that time forward it pafTed
over all the ^gean Sea without controul. That Law
(faith that Ea/lern "Emperor, who reigned about the
nine hundreth year of our Lord) which ib take's away
the right of pofTefsions bordering on the Sea, as to
make the Lord thereof liable zq an A<5lion of Tre*
(pafs if hee prohibite others to Fifli upon thole
Coafts , in our judgment ^ feems to detenrme that
'^hkh is not equitable or jujl. Hee adds the reafon, be-
cauf wharloever corn's into the pofTefsion of any man,
by good and lawful Title, whether by fuccefsion, art
and induflry, or any other way which the Law ap-
provers, there is no reafon that other men (hould have
the u(e and benefit thereof without the owners leav.
Thus the matter beeing duly examined hee judged, that
hee who held any part of the Sea in the aforefaid man-
ner, hacTa Title grounded upon a very clear Right,
Therefore^ faith hee, "libee decree that every man pojfefs his vefH-
bula or Seas lyin^ before his Lands and bee majler of them by
an
Ovpnerjhip of the Sea. C h a p . X V. 97
an mquejiionahle right , and that hee haVe power to keep ojf
any perfons yi^hatfoeVer that go about to enjoy the benefit there-
of'^ithjut his permifsion. And in that which foUow'S;,he#
make's the Proprietie of Sea and Land altogether
equal. The Seas which laic thus in the face of Ma-
nors , were called -jt^^v^-m, JoLAoirlicLy Sea-Courts or
Buries J nor did this fandion o( leo fery onely for the
racificitioa of former Titles, founded either upon par-
ticular poirefsion , or any othei: , but Ordained in ge-
neral, that every man for the future fhould bee Lord
of that neighboring part of the Sea which laie before
or flowed by his Lands, although hee had never been
poffc^ircd thereof before. In this very fcn( it is taken
_ by Conflantlnm Harmempulu^, a Judg of Thejfalonka 5
* Touching Sea Courts or Entries by Sea (faith hee) it is 'Pmhir,
decreed tn the thirtieth TSlo>l of the Emperor Leo ^ that every 7«'"^^.^^^-2^
one bee majler of that Tl?hich is ddjoyning to his Lands , and
that power bee gi'Ven him to prohibit fuch as at any time go
about tomAeany benefit ofthefe Vejlibuiasor Entries l0ith-
out his perniijsion. Harmenopulus^ ioWowing 2. diflfercnt
order of the Novels call's that the thirtieth, which in
the printed Copies is the fiftie-fixth.
But now how much of the Sea dircdlly forward
- did pafs into the pofTefsion of the fame perfbn that was
Lord of the adjoyning Lands either by anticnt cuftom,
or by virtue of this decree is noi: yet certainly known,
nor is it necefTarie to our purpofe , but for latitude,
even as it were in a field, thofe Vejlibtdas or Entries
of the Sea were bounded by the lame limits with the
adjacent Lands. And it was the cuftom for parti-
cular owners to have their Epoches or Pens for fifh
(which the Mater Gr^^it^ call Tp^WO that is to Cz\c/Jf^f.'J^[^
Nets fpread between flakes driven into the Sea j but pragmatic.
limited upon this condition that every Epoche fhould ^'^^^' ■
O bee
98
• Leonis
Novella 57.
102. 103.
104. eJ^*
Atbaliates lo*
CO jam citato.
* Varro de
lingua latina,
£t de tofi-
atico videlis
Jac. Cujaci-
um Objervat.
lib. 14.
caf. I.
Book I. Of the Dominion, or,
bee diftant from the other "^ three hundred fixtie-fivc
Cubits if fo bee the breadth of Land could convenient-
ly permit. And fuch an equal diftance was obfcrv^
ed on both fides, that a dircd Hne from each Epoche
to the extremitie of the Vejlibulumox. Encricwas ex-
tended one hundred eighcic two eils and a half 5 but
this rule for limitation became ufclefs afccr a ten years
prefcription.
The Lord of a Manor bordering upon the Sea
improved his yearly Revenue by thefe as by other
commodities, which profit arifing from thofe Entries
is ufually ftiled by the Eaflem Lawyers ir^oyjp.ov xepi^c^^
and roTricLTix.oi'^ which may bee tranllated/oc^riw?«jfor
the price which was paid for hire of a Stall, bhop
or Farme, is called in * Latine locarium 5 fo that wee
lee private perfons railed their topiatica or locaria^thaz
is, their Rents^ out of the adjacent Sea. And out of
thole Rents they paied to the Prince a yearly Tribute
amounting to no inconfiderablc furome ("as was
{hewed before) levycd upon that accompt. So that
by the cuflom of the Eaftern Empire ,. noc
onely the Soveraigntie of a Prince (which is the
point in queftion) but alfo the Dominion of private
perfons in the Sea, beeing ratified by Autoritic of pub-
lick decrees, enacting it, and repealing as unjuft what-
foever gainlai'd it , it was in ufe beyond all dlfpucc
above five hundred and fiftie years : for fo many are
reckoned to the taking of Conjlantinople from the date
of the aforefaid decree of Leo ; which concerned
not onely 'Sojphorus in Tbracia, the HeUeJpont , the ^oea?i
and the narrower Seas, but all thofe that were un-
der theDominion of the Emperor of Conjiantinople.
And this may (erv to bee fpoken of the more
antient Hijloricd Age or that which contain's the
cuftoms
J
Ovpner/hipoftheSea. Chap. XVI. 06
cuftoms and Laws of Kingdoms and Common^
weals that are long fince exfpircd.
touching the Dominion of the Sea^ accor^
ding to the Qujloms of Jach Stations as
are now in beeing. Firjl of the Adriatick
Sea belonging to the Venetians//?^ ^Ligu- ^^^^.ii^
flick to the Genocfes, the Tynhtn to the g«^v«wis
Tufcans^ andlajlly of the Sea belonging to MarLeoney^ ]
the Church, or Tope f Rome. ^t^^^'
Chap. XVI.
IF wee take a view of later times or the Rights
and Cuftoms of Nations which at this preicne
are in high repute and autoritie, there is nothing
that can more clearly illuftratc the point in hand
then the Dominion of the Adriatick Sea, which the
moft noble Common-weal of Venice hath enjoyed
for fb many Ages. The truth of this is every where
attefted and acknowledged , not onely by Hiftorians
and Qjoroff^aphers^ but by very many Lawyers * !Bar- * Adff. tit,
tdus^ SalduSj Angdus^ and a companieof above thirtie l^J'/f^^(' ^.
the moft eminent among them ; unlefs they bee tit.de inju^'
mif-reckoned by Francifcus de Ingenuis^ who faith hec "'^*
counted fo many ^ in that Epiftlc of his to Lihertus
VincentiuSy written Ibm years ago, in defence of the
Dominion of the Venetians over the Adriatick Sea, in
anfwer to Johannes Baptijla Valmz^laz Spaniard, and
Laurentius lAotinm a ^^an ; who ( as hee faith ) to
gratifie the Duke of Ofjumt Vice-Roy of Naples whofe
creatures they were, wrote againft the Right of Do-
minion which belong's to the Venetianshy St^,
O 2 Vmki
pp Book I. Of the T)omimon^ or,
Venice is commonly ftyled the MJlrefs of the Sea ]
and the Qjucen of the Adriatick Sea, though the Concro-
vcrfic ahout its Bounds bee not yet decided. And
^EfigrMb.t, b Sama:^rim writc's thus of this Citie,
y'tdtrat Adriacis Venetam Neptmus in mdis
Stare urhem, <sr toto fmere jura Mart,
iliepttttte faiU) Venice in tl)e dSulf to ttana
£)f :aDna, anD aU tl)e S)ca Comniann*
Nor doth this Dominion atife from any jurif-
didion or prote(5tion over the perfbns of fuch as frc-
« vii Jul. quent the Sea ( as is imagined by fom, miferably ' car-
^'^""!^. ^tf ried away with the autoritie of illpian^ib often a ffirm i n g
ris Mia- that the Sea by the Law of nature iscommnn to all
tici. Alb. n^en 5 ) nor is it a qualified Dominion ( as iaith Afi-
Juxlmiy S^t^ Mattb^aciu^y profefTor at Tadua ; ) but this Sea doth
lib.i.caf. (b properly belong to the Venetians^ that it is not
^sl'arhm^Te' ^^^vful for any other to ufe or en joie the fame with-
ufumaris. ' out their pcrmifsion ; forafrauch as they have right
Mattb^cium ^^ Prohibit any to pafs, to impofe cuftom upon thoft
dtvid^- whom they permit, to do any other thing in order
rations arti- jq jj^g raifiug of benefit and advantage out of the
pciea juris » i . i • tv r -
univerftiib.i. watcr, as any man may do m his proper pollclsions
cdp. 36. by Land. As concerning Navigation in that Sea,
that it may bee prohibited at their plealure, and that
by approved right, wee have the teftimoniesof many
' Confii 1 90. Lawyers. It cannot hee denied*^ (faith ^ Angelui de Uhaldis)
ff^u/d!^^ to the Venetians ajjd their Signiory, for yery many Ages,
Injuriis, haVe been and are in pojfefsion as it "H^ere of the aforejaid
Gulf : ttfherefore the Venetians hy Virtue of that antimt
fojfefsion tlfhicb they baye had fo long^ and do yet enjoie^may
by putting a reflriEfion into the form of their Coyena?tts^
hifider the Genoefts or any other Itfhatfo'eyer that fhall offer
to
OimerJhipoftheSea. Chap. XV I. loo
to fall through their Gulf. The fame faie others alfb ,
quoted by ^ SeneVenutus Straccha, ^ ^ntoniusTeregrinu^, ^ tiaa.de
s MartaNeopMtant^^^ ^uliuiJ^acius, ^ Mantua TataVinus ^ g^'^**""*^*
^ Francifcus dt lnge?mis^ and Fuigentius Monachws Venetus^ ^De jure
who all have written more particularly ^ and made ^^"' ^'^- ^*
it their bufinefs to affert the right of the Venetians, g p7;«r/V
And there are examples to bee produc d which fhew, dtdhne, Ub.
how Princes, as well neighbors as others, have made I'^^^'V'
it their fuit to the State of Venice to obtain leav to hukdeDo-
pafs through that Sea, which fomtiracs was granted, rr.ii.hmam
and fomtimes denied. In the year ij^^^Decerfiberiz. ^'^*^'''^^^'-
(I(adulphi46 Earl of Otranto made a requcft to that State j^ vemTs'
in the behalf of Uladi(laus King o( Naples and Wtllum [ubrnx. Ep-
Archduke of Auflrla , that leav might bee granted to To^dtilTi-
pafs through the Mriatkk Sea with Galleyes and other lujir.
5hips, to conveigh the Sifter of the King out of Apulia ^Frandfcut
to the Territories of the Archduke her husband, which j[ EfiTll
the Rcpublick granted, but with this condition, that f^enet.jure,
no perloii that had been banifhed from ^ew/ce,or was ^ Anton.
guiltic of any capital crime againft the State, fliould ^fulfnlcil
bee taken aboard thofe Ships. Which the Auflrians^ //i.8.§.i5?.
imbarking at Triefle^ faithfully obferved both in their
voiage and in their return. There are extant alfo two
Letters , ^ wherein the Emperor Frederick the third, in
the years 1478, and 1479, defire's of Giovanni Mbcenigo
Duke of Venicgy and of the State, that leav might bee
granted him, to traniport corn from Apulia through
the Adriatick Sea. Frmcifcus de higmuis make's mention
of others to the (ame purpofe , written to the fame
Duke from the Kings of Hwigarie. And this they in-^
treat as a matter of great favor, for which they fhalf
acknowledg themfelvs obliged. Matthias King of
Hwigarie in a Letter to Duke Mocenigo dared 1482.
wncc's, That whereas the State hath been wont to give
O 3 leav
loi
Ve Nautico
Fcenore,
*Vefervitu-
ubui Rufli-
corum Pr£'
diorumy caf,
26. §. 10.
> Dejure
Fifciylik. 8.
§.43. &
lib. I. caf.
§.i8.
'^ Francifcus
dePonte.de
poteftate
ProregiSy
CoUateralis
Conjilii, tit.
II. ^.ip.&
feqq.
Book L Of the Dominion, or^
leav to the Earls of Fran^ipanis and Zen^a , and others
whofe Territories laic upon the Sea Coafts every year
to tranfport a certain ftore of corn , from u^pulia
through that Sea, hee defire's that the fame hbercic
might bee vouchfafed to himfclf , who had now
(ucceeded into the Dominion of the very fame Coun-
tries.
And as touching the right which the Fenetlam
had to impofe cuftom on paflengers , as travelling
through their peculiar Territorie , there are frequent
teftimonies among the Lawyers. ™ SalUetus mention-
eth a Decree oF the Fenetians, that all who paffed
through the Sea fhould bring in their merchandifc
to Venice, and there paie cuftom. And faith " S^rfto-
lomeus Cepola, The Venetians 'U>itUn their Dominion have
feveral ^oialties and ^i^hts belonging to their Exchequer :
and, de fado at kajl , acknowledg no Superior ; fo that
they have power to impofe Gabels, to confijcate goods and
commodities in the aforefaid Sea^ as "^eU as in the Citie
of Venice . having as fuU juri/diBion in the Sea^ as in
the Citie. Antonius VertgrinHs al(b, who was advocate
of the Exchequer at ^adua^ after a large difcourf up-
on this fubjed, ** the conclufeon, faith hee, is this 5 that
the right of Ftfhing in the Adriatick Sea is one of the
^ialties belonging to the Duke of Venice 5 and therefore
hee hath power to forbid , permit , and charge Gabels up-
on it, Julius J^aciuiSy Marta, and others both modern
and antient treat at large of this particular. And the
reafbns of fom Keapolitmis that are the moft obftinate
oppofers of this right, are onely drawn either from
that P opinion for lb many Ages fince exploded by
the cuftom of Nations > that the Sea is naturally
common to all ,• or from that chimera of the uni-
vcrfal Dominion of the ^mm Emperor, Whereas
\ Marta
Ovpnerjhip of the Sea. Chap. XVI, 105
^ Marta him (elf, who was a Lawyer ofNapks^ write s •> Ve jurif-
thus; Ti^e Venetians are Lords of the Adriacick Sea, the ^^f^^^^P
extent "thereof «80 miles, reaching from that place here- $.25.
tofore called Aquas Graduacje unto the Town of Loreto,
feated now near the River Po, And Francifco di capo-
blanco, a Neopolitan^ alfo ' confeflech that now the Rivers ' T>e Jure
and Seas are pajfed into the hands of Lords and Matrons. PrJgwl'r/c.
Aad in a Letter oi^ Lewis the 1^ to S^^/iw5 Emperor 14. §27.
of the Eaft, Nice'os fatricius is mentioned under this r ^P^^^^o/.
tide, The Trote8:or of the Adriatick Sea. And the Gulph^ dafiumin
faith ' Cardinals Tufchii^^ doth properly belong to the Vc- SLuLsT
netiaas, by virtue of a long prejcri^tton of pofjefsidn^ as it Tom. i.fag.
hith been declared in an agreement male bef^een the States '^ ; ^^'
0/ Venice and Genoa For confirmation whereof, hee nd.Tom.io,
cite's Angeln6md Jafon, But the firft time, they faic , ""^^ ^7i-
wherein cuftom was charged upon thofc that paflcd ' Ds jure
through the Mriatick Sea, was the year 12^3. when ^j^J^TTomam
Loren:^o Tepulo was Duke o[ Venice. The Republick membro2%,
of Genoa beeing diftrcfled with war and famine, and
their neighbors not releiving them with provifions,
this Tepulo (, faith " Flavius Bhndus) , began to impofe a " Vecad, 2.
7iew cujlom, or to fpeak more plainly^ laie a ^Jlraint upon ^^^' ^'
thofe that fad' d through the Adriatick Se^. For, upon that
occafion a Law was made, ti?hich remains in force to this
fvery dm ; that all who failed between the Gulf de
Quevcra, and th^ ^ Promontory of Sola, and Coaft of*Capodi
Ravenna, Ihould com into Venice, to paie Cuftom^ and ^^^^*
( if the Officers thought fit ) to unlade their Merchandije
and Goods, jind an Officer was ordained for that pur-
pofe J to fcout daie and night with his 'Barks , ahouc the
CoaHs and H<xrho s of foores to fee to the ObferVation of
this Statute. But above all, wee muft not pafs by
that Controverfie which happened about this time,
between the people of Ancona, and the Venetians,
in
io^ Book L Of the Dominion^ or,
in a general Councel at Lms the Ancmitms com-
plained that the Vmetiam had ulurpcd the ea and ( u«
ftom, and other things againft all right. Fo^ c Gre-
gorie the tenth referied the matter to the cxami; ari-
on of the Abbot of I^erVofia. He rejeded the al'e.»
gations of the Jnconitans^ aj. weak and wanting proof,
and by the Auconcie of ti e ?o/?e (faith the aforena*
mcd Slondm) commended to the \emtlans^ tl,e care
of defending the aford'aid Coaft of i\\t Admtkk Sea,
againft the '^^aracens , and Pirats j allowing them
withal the rights of their Cuftoms and Impoft.
Whereat the Atnbaffadors which were then pre-
fent, did not interpofe a word ^ but the debate was
thus deter: liined with the approbation of all , ex.^epc
the Complainants. But the Domiaion of Nenke
over that Sea, is of far greater Antiquitic j to figni-
fie which, they have an annual cerimonie, inflituted,
' Anion. Pere- they lay, by Pope "" Alexander the third , 1 mean the
FilnIb"Z "^coft^e Ring, which ev^ry year, upon Afcenfion
$. is! daie,the Duke, in a folemn manner, rowed m the
^ucentoro , accompanied with the Clariffimos of the
Senate, catVsinto themidflof the water, for the per-
^ Cofmogrr.fh. petuating {Lkh ^Taulus Memla) of their dominion
lap^X^'d^' ^^^^ thei.e;i; fignifying by that love- token , that hee
quo more bcttoth's the Sea to himlelt in the manner of alaw-
itmi stcfh,^ ful Spouf , ufing fuch a form of m^rrirnonie , Wee
lusj': Gallo- take thee to our "bedded fi^tfe, 0 Sea , m tcken of a true
cT^i/Tl ^^^ P'^P^^^*^^ Domifiion. What fhould hinder then, but
lib. s, alii,' that wcc may conclude, that the Venetians wereloo-
praeterScri- [^^d upon , not onely by themfclvs , but by their
Vetletorum neighbor Princes, as Lords of that Sea, by as un-
Republica. qucftionable and full a title , as of their Land and
Citie ?
There are other Stales alfo in Italy ^ that have Ma-
ritim
On^nerJhipoftheSea. Chap. XVI. 105
titim Rights of the fame nature. Princes ( faith "" ^e- ^hl deCa>
mdiBus 'Smius) have ri^ht to hie im[>ojitiom upoi^ the ft^^^rtk,
Sealljores^ forafmuch as tlphat nature had left at Itbertie^ it ' • ^ "t-^*
hromht hy them mto JerVttude and proprietie .- as the Tyr-
rhen Sta^ which is under the command of Pila and Tuf,
canie, the Adriatick of Venice 5 the Liguflick of Genoa,
which is affirm'd in like manner by * Angelus^ ^ 'Bal- 'Con/ti 2^0,
dus, ""Cepola, and others. TheBifhop of ^ome alfo hath ^/^^i'i-&
his Sea , which is called likewife the Churches Sea^ Bre^c!"!eci^^
The Bull, intituled Coen^ DoiM/w,which is ^ wont to b^c ^'^«^^'«•
publifhed every ^ooi/ Friday, for the excommunication /;i^^^^^'^^*
or Delinquents, run's thus j Item ^ wee excommunicate pr^d.cai^.2 6.
and anathemati:^ all firats , RoVers , and Robbers upon the chtcX^'^
fea, thofe that haunt and infejl our fea ^ efpecialiietW/74rr inBui/am,
lying between the Mountain Argentaro, W Terracina. ^*'"3P'2 5x.
And * 'Bartholomi^iis UgoUnus, a famous Lawyer, faith, ^Decenfuru
that this Excommunication did involv Tirats^^Vers^ Pomifidre-
Clobbers upon the Sea,fuch as haunted the Qhurches Jed, 27ap!l[^f[^l
el^ecially that part tying between the Mountain Argentaro,
and Terracina. The fame is called by others the
fpopes Sea. And although a ^ certain Autor would ^Gr'iffim.iib.
there by Our Sea , have the whole Sea underftood t^T.l\[^^'
in all parts of Chriftendom, yet it is the unanimous
confcnt of the moft famous Interpreters of that ^utly
as ^ Tolet^ ^ Suare:^, Ugolinus, * Antonius de Soufa^ and o- g Summaju
thers, that by that name is fignified the Sea which ^^•^'^/'*o-
is part of the peculiar patrimonie of the Vope, Nay, d/^. ^icla,
more then this, fom of thofe Autorsnow mentio- ^- "«w.ig.
ned , will have this curf of Excommunication to cenfu^^ui-
bee incurred not onely by committing piracic , but Ucan^^caf,
by aharmlefs paffage of Pirats through this fea 5 it J.^f;/^'
being all one as if a profanation or injurie were
committed upon ChurchJand. So that (uch a domi-
nion over the fea is plainly avouched by the Ca-
P noa
io6 Book I. Of the Dominion^ or,
non Law. And it is confirmed by what may bee
gathered out of the glo(s of that body. If Herrings
were taken upon an holy day , a convenient part of
them, by the Canon Law, are due to the next neigh-
^GUadcM' boring Churches. There the ^ gh^ add's e^ecially to
eet.^^utJe ^j^y^ j^ •^jjqj^ Territories the Fijh Ti^ere caught. By aDe-^
crec of a General Councel at Lions , if the Tope dyed
beeing out of the Citie, the Cardinals are to meet for the
Eledion of his Succeffor in that Citie, within whole
Tcrritoric of Jurifdidion hec died. If the Tm die
upoti the Sea, the.Eledioii is to bee made in that
^Giadc. Citie or * place which is next to the Sea. This inti-
fe^V "^^^^°" ^^ 8'^^^ ^y ^^^<?'^/) ^"^ acknowledged by
re 6. de Ek- Others*
^Tm^os ^^^ notwithftanding this, the Citizens of Fome were
* allowed the privilege of Fifhing, in the Sea of the Church
(as they call it) orofthePofe^ as the Inhabitants of a
Village bordering upon a pafture-ground^ may by vir-
tue of ibm compad:, "fage, or cuftom, put in their
Cattel to grafe there, though perhaps it bee in the
poffefsion of fom particular perfon. This is a Statute
* Statuta, of the Citie of " ^me* Eyerie Citizen of Rome and
^^^'B^^^^^ Inhabitant of the Qtie, and "ppithin the liberties thereof
' Jhall haye libertk to Fijh , at any time, and Tbith any
injlruments Ti^hatfeVer ^ in the Jiream both of Tiber,
Anien , and in the Sea, Jo far as the 'Banks of the Kt- j
Vers and the Sea'P?ore do reach. And no per Jon ought to
prohibit or forcibly take any thing away from them , Jo
• long 06 they forbear to trejpaj? upon any Lands, Houjes,
and Fijh'fands ^ t^hich belong to private Owners-^ or to com
upon the 'Banks of the Coafl of Axcnuh, namely , of S' Se-
vena and Paul, in ti?hich places it is not lawful for any to
FiJh ti^ithout T^ arrant from the State's advocate. And
fuch a kindc of privilege as this , qualified either
by
Omerjhip of the Sea. Chap, XVII. 107
by gtant^ or covenaoc, or cuftom, is verie often
found in fuch places as enjoy a Dominion of
the Sea.
roncerning the received CuHoms of the Portu-
gals ^«rf Spaniards, ^^0«^ the Dominion of
the Sea.
Chap. XVIL
THat Dominion over the Sea, is acknowledged
in thcCuftoms of the ^ortugds , is apparent to
any man that w»ll but obferv the uiual Title
of their Kings 5 King Emmanuel in his preface to the
Laws of'Parfwga/ftylc'i himfclf. Dom Manuel^ per ^race
de Deos Key, 0*c, Senior de Guinee^ ^ da conauifla <sr TSla-
yaga^am <s* commtrm S FMopia, Arabia^ Terfta^ ^ da India
a todos ^c. which ell where is rendred in * tiarbarous ^Condlge-
Latine thus, Emanuel Dei gratia Rex (s'C, Dominus Guinea ^^'^^\ h*}^'
^conqutjt^ Piavtgattonts ac commercti A^^hnmde, Jrabtde, one^io.jefi.p,
^erfi^ 0*c. Fmmanud &?> tfJC gtace Of (I5dll IStittfi
9t, ILoth Of Guinee, flrfl) Dv Coaqtteft of t|)e jpia-
tosatipn mh commerce of fitmopia, Aiabia,
Perda &c j where conqmjia in the language of Spam
and Portugal ^ fignificth that which is acquired by
War. The fame Title is often found in the Letters Pa-
tent and Commifsions of the ancient Kings oi Por-
tugal: whereupon Jacobus^ Falde/tHS writers, that they ^Vedigmta^
are, and are acknowledged to bee Lords and MaJIers of Com- '^l^^^&^^
merce, 1 raf fit k and Navigation. But for any perfon to
bee Lord of Navigation and Tr^ffick by Sea, with-
out Dominion over that Sea , is all one, as to u(c
and enjoy a piece of Land , to have right to pro-
hibit all other from doing the like, and yet not to
Pi bee
mffanc,i2.
iQ'3 B()<3fkL Of the Vominion, or,
b§<^ owner thereof. But among the Laws oi Portugal
there :tt^ yet elcartr evidences for private Don;i»^icrt
over the bea; even of the Atlantkk or Ocean it \:\\.
YoXy therein it is forbidden that any perion cither For -
coQii'nto raigner or Native (the words of the Law are*" Jjit Ka-
^demfcma^' ^^' ccmmo ejlrangeiro) in any (hipping whatlcevcr to
riMi2. i^tSs ^du 06 fartees, mares ieGuinee ((sr Indian ^ o^ qual/quer
outras terras ^ mares O* lugares de nojfiicouquijla^tratar^
rejgatarj nemguerrear^ /em nojfa Ikenca O' autoridade^-fob
pena que fa;^endo ho contrario moura for ello morte natural
Zsr por ejjo mtfmo ftito percapera nos todosfem kens moVeii Cr
de rays ; that is to Uy, to the /aid countries, lands and Seas of
Guinec,d«^ the Ind'CS^or any other Lands ^ ^.easand places un-
der our Dominion, for Co)nmerce^or Traffick, or making of ^Var
Ti^tthout our Licence and Autoritie , under pain of death and
' total confilcation of eflate , to bee it/fliSled upon any that Jhall
prejumeto dothecontrarie. And for the execution hereof,
the Q)mmanders of thofe fleers, who had leav from
the King to fail thither, had Commifsion given them,
to call to account all whom they found in any kinde
tranlgrifsirg this Law. to that, wee fee the Nation
of Portugal aifo made noqueftion, but that Dominion
might bee juftly acquired over the Ocean it felf. And
this LaWjin the extent of it,reached as well to forraign-
crs,as to the King s fubjcds. Although forraigners do
not acknowlcdg that Portugal hath acquired any fuch
right. However, that in the Law ofNature which is
obligatorie, there is nothing to hinder, but that fuch a
right may bee acquired , is ( I fuppofc ) acknow-
Icdg'd by all the Nations in Ewro/?^, except lorn perhaps
who are not yet in fair and lawful pofTefsion of any
Sea J if fo bee at leaft.a man may rightly gather their
acknowledgments from their received cuftoms. And
truly, about the beginning of Queen Bli:^abeth*s reign,
there
OvmerJhtpoftheSea. Chap.XVH. 109
there tvns a hot dispute between ^ her and Sdajlian ^ inScbedis
Kincr of ?^or//r^/toi:chin2chc Dominion oiiVitAtlan- '^"^iTf""^:
f/cit and iouih-^ea chat open s the way to the Eajl-Indtes, atttmana.
which was claimed by the ^ortugals, But the queftion
fn ti ac difpuce was not, whether or no Sehafiian could
bee Lord of that Navigation or Sea, but whether hce
had n:^ade any hwful acquifition of luch a Donninion.
But in che Common Law of Spain or Caflile, although,
it bee crue , that the u(e of the Sea is moft free , and
that in luch a manner almoft as if no politive Law
had ever laid any reftraint upon the natural ^ Comma- eyrjg ji_
nitic thereof; yathcSpmlb Lawyers^ and thofe not of f'^°'^/- ^^
the m?anei1: accounc^do in moft exprefs terms declare it CmftL Re-
capable of Dominion, yea, ana tL.at it was acquired fiy g'^^fj/. 7.ut.\
the King. The Trince (laitn Gngor'm ^ Lops:^) may ^^^V.f^^'
grant any man a priviledg to fijl? in a certain part of the Sea. -^ecofiUU.j.
And the Sea (faith Joatmes ^ Garcias a Spaniard J belongs to ^ '^?,'^-^-^
him^Ti^hoisLordoftheadjoyningland: This hce (peak's of 9.7.7.^8.
fom particular Sea belonging to Spain -^ for to (peak it ^/^^^^^phorr
of- the (ea in general, were idle. There are other al(b^ ■i.xit\%T\\.
as Didacus CouVaruvias , ' Joannes de HeVta, who are « ^'^- de ex-
plainly for the Dominion of the Prince, as well for a fiofjthnifw
controlling the libercie of Navigation, as reftriining the caf. 21. mm!
common ufe of Fifhing. And how frequent this Opi- ^^j* ^ .
nion is among the Lawyers of Spain and (Portugal, is pccmmy'
acknowledged by Vernandu^ Vafquius^ (though hec him- f^^''2.§.8.
im do extremely oppole it) as appears by inok commerch^
words of his alreadie cited m ■ the fecond Chapter. ub.^.ca^.i.
Moreover, it is fufficiently manifeft, out oP Rodericm tconfti, de
Suarius^ that fuch rights & priviledgcs were exercifed by «/« Maru
private perfbns, grounded cither upon cuftom, or fom ^^^*
grant of the Prince,which demonftrate a dominion over
the Sea among the Spaniards-^ although that Autor taking
the mcafure of Law , rather from the Dictates of the
P } Schools,
no Book I. Of the Domnioriy or^
Schools^ then the received Cuftoms of Nations, is the
more earned for that anticnt opinion of a perpetual
conamunitie.Yea,the verie title of the King of')pam hath
that in it which may feem to imporr,that hee call's him-
felf King of the Ocean j efpecially , if you confider
thofe words which wee findc fomtimes among
Germane Writers , in the Title of Churls the fifth
Emperor, and King of Spain. In the Preface to the
conftitution concerning publick Judicatories, in the
Fmpire , hee is called ^ing of the Canafit Hands, alfo of
4he Ifimds of the Indies , and of the Continent, and of the
Ocean, Archduke of Auflria <s^c. And in the Imperial
Sandions publiflied in high Dutch WiOtllS-Uttbtt
' Snfttlen CamYiA^mt^ tier "^x&xAm^ndiaYum, unu
^ierrdt fiYm<it^\SZ%^^tX% Oceam <src. as you may meet
with it at leall fix hundred times. The word Ocean
is added, as if hee entitled himftlf i^iwg of the Ocean,
But this is a miftakc : for , the fame in Spanifh is
JRej/ c^c. dela^ Iflas,y terra firma del mar Oceano C^c.that is,
iLaerLCberu. IQ^g of the Jflands and of the Terra firma of the Ocean;
^hin.Buiiar. namely, the Iflands or Continents of, or lying in
^l^^]'l%a ^^^ Ocean, (which Pope ^ Alexander the Sixth, gave
donatione to Ferdinand the Fifth King of ^ain, all of them
^iUzaZ' lying Weftward from the very firll Meridian) of
de Jure Mi' thofc hee encitlc's himfelf King, not of the Ocean
anm,lib,2. Jj f^J^
Hm»
Oi^nerJhipoftheSea. Chap.XVIIL ;ii
Hoi^ far private T)ommon over the Sea is
admitted^ according to the Cujloms, or opi^
nion of the French.
Chap. XVHL
AS concerning Dominion of the Sea according
to the Cuftoms of the French, fom perhaps may
Teem to have met with veric ancient evidences'
thereof, in thofe O/yzcery deputed for the gmrd of the ^ea- ^CafmUto
Coajh^ whom wee read of ia the * Statute Books , and ^«jmfT
in that ^B^tlmlm f Givermr of the ^ritifh (that is, the im^fM.^,
Aremorkan) (liore, mentioned in the life ot ChaAe maign by ^^'' ^*
Egmkvtus a Writer of that time. But thofe dignities
have relation , not fo much to the Sea it felf, as to ^^^^^^^'^"^
the Ihore and Sea-Coaft^ or the border of the Land Hb.uit 1$,
confi'.iing with the Sea; notwithflanding that'?^o^ i^f'^^'^'^'^^
landus is, by the Freiickmen of this and the former dJa France,
Apc, promifcuotifly ftyled ^* Governor both of the ''^•^^«f 14-
Sea and ^hore , as »r there were no difference. But it on, pjai-
cannot bee denied, that Princes heretofore upon the ^'^y^,%-edit.
Shore of Jrinirkci or ^retaign fas the Feneti ^ of whom rliw]^^'
wee fpakc before ^ did upon the fame Shore) im- '»^'>.
pofe Cuftom upon Ships, as for the ufe of the Road *7''^^^«^''
r 1 . , > ^n 1 1 11 I ^\ \ were an an-
up>ori thrir C^oa'is, and challenge to themicivs other dent people
' Rights of the like nature, called Kobilitates fuper naVi- ^"^^biting
CHS, So It IS to bic read m an ancient Record, France now
made in the time of Duke AlantU in the year c<ilicdBr?-
M LXXXVTf,concerning Precedence of Place among the ^^Y^ui b^^.
Nobles of ^retaigne. In that Record, the fecond place is ^"^^nd.Argen-
afsigned to the Vifcount of S^ ?o/ de leon , who (as the Xtt'mt
Very * words of it are) had Veric many of thofe norisjib.t.
lu Book I. Of the Dominion y (bx,
Cuftoms called Nohilitates fu^er mVthus , impofed on
fuch as paffed the Ocean upon the Coafts of Offrnt
or leon ; ^hich ( as it vcas faid ) Budicius, an antient
*jremorka Kittgof^ Brctaign, did gi'Ve and grant to one of his pre-
or B\e\aign dicejjbrs, Upon Marriage, in reward of the Virtue , fidelitie and
in France, ^^y of that Vijcount : but ^ith the confent of the Trelates,
Counts^ 'Barons , and Nobles of Bretaign, What thcfc
Nobilitates were , and whence they had their c*
riginal , is partly declared by IBertrandus Argen-
trdcm, fomtime Prefidcnt of the Province of (^^nes,
where hee difcoutfeth alfo of the righc of giving
Pafs ports (which they call brefs de conduiBe) at this
^JdCcnfuet. time in ufeon that (hore. ^ That (faith hee) 'H^hereat
fl'/'^''^^' till then it had been a right peculiar to the Trimes^ beeing
given , by Ttay of Doiprie, to the !Barons of Leon ( of
which wee have alrcadie fpoken out of the afore -
faid Record) remaimd an hereditarie a?id proper right to
that Familie , until Joannes RufFus the Duke redeemed
it for a fVixfl fum of monie , of Guynomarius Saron of
Leon ^ after that Peccr Mauclerc of Dreux , Duke of
Bretaign had in vain attempted to re-affurm it by force of
arms. It had its original, they fay, upon this occafion •* When
our T rimes and anutnt Kpgs confidered the daily Ship-
wracks made upon that fhore^Ti?here there Ipere many ^B^ks
and but few HaVens, they made a Law that none fI?ouldfet
to Sea "Without their kaVt Such as did fet out, paying a
certain rate, had paffes, and guides appointed them^ thac
were well acquainted with the Sea and Shores : They
that refufed^ forfeited their Jhips "^ith all their tackling and .
furniture thereof • and if the Ship tt^ere cafl away , their
goods alfo Ti>ere confifcate. They that had leav Ti^ere in no
danger of confifcation, and if they fuffered Shipwrack, had
Itbertie to recover a^s many of their goods 06 they could, j4nd
thefe guides Ti^ere paid their o^r^ or ConduH-money , "Si^hich
\
Oymer/hipoftheSea,Cuk?.KVl\l. 1 1^
ii^ee have menttoied elfwhere^ called by them droit de falvagc.
Thefe Tickets or Tajfes are given out now^ ai heretofore^ at
a certain price : And among other Revenues of the Exchequer,
they alio fifere rented out to the Farmers of the Cujlom. So far
^ertrandus^ from whom Kmatm ^ Qhoppinus boirow- cj^^ voma-
eth alir.oftthc very woids. But ^ Tetrm Berlord^u^, mc,hb.i,m.
Advocate of the Parlamenc of Keiftes^ tell'sus, chat ^rhol^,'
the Cuftom of taking forfeiture in that manner of all ccmer. ad.
ihipwrack't goods, was abolifhed there, by an ^'.""itlllye.
Edidt, in the year MDLXXXIII. But in the mean s^. 106.
time, for fo much as concern's* any part of that We- JJ^^g^J''^^^'
ftcrn Sea lying next the Shore, thefe are manifeft evi- 51.
dences, either of Dominion or of fubjedion in the
Sea; which indeed fufficiently prove, by the Cuftoms
of that people, that the Sea is capable of Dominion.
Moreover, upon occafion of thefe Pafles , there have
been controverfies raifed fomtimes between the
Dukes of ^retaigi , and the Kings of England-^ as
may bee feen in certain ^ memorials of the affairs ^ ^^ ^^^^'o-
of 'BretaigHj which have relation to the times of our ^J^^^.
Kichard the fecond , and John the Fourth^ Duke of
Sretaign. But this wee know for. certain , that in
the agreement made between our Edward the Fourth,
and Francis the fecond, Duke of Bretaign , in the year
MCCGGLXVIII, concerning mutual traffick and
free paflagc to and fro for the fubjsfts of each Na-
tion, during a ^ truce of thirtie years, there is an ex- xO^Fr^ncU
fxtCs provifo concerning Wrecks,- but fuch a one as %Ed.^.mem'
left an equal right to both of them 5 not altogether ^''^"•20. e^
unlike that which for many ages hath been in ufe
upon the En^ifh Shore : No mention at all bccing
made in the Articles of the Truce , either of the right or
ufe of thefe aforcfaid Pa(res,as beeing a thing in no wife
admitted by the Englifh, But fom modern Lawyers
Q^ among
ii^ Book I. Of the Vominion, ot,
among the French do vainly affirm, that their King
is Lord not onely of a part of the Sea neighboring
upon the Tcrritorie of (Bretai^n , butof the whole Sea
that is adjoyning to any part of France, and fo of the
©r/V/7^ oxEnglt[h Sea alfo : By which veiy Aflcrtion of.
theirs, they lufficicntly declare their judgment^ that there
may bee a foveraign over the Sea, The KJ^ig , faith
^Inmi.cil i Charondds CarondUi, is fupreme Lord of the Seas . "^hich
riclX I. 20. fl"'^ ^^^^^ ''^ KJtngdom I the ground thereof is this^ hecauf
iii.i.Confiii, j/;g Ufiher/al right of all thoje things fi?hich yi?ere common,
^/rt!^'" e/V/;e/' by the Law of nature or TSlations^ is transferred into
his Dominion. And other paflages hee hath ir uch to
^Kccerchcs, jj^g f^j^g purpofc ; as alfo ^ Stephanus fafchafiui , ^ Lu-
^"^Piay^oies doVicus SerVtnm^ lomtimc Solhcitor general for the
tom.i.fbyd. King, " (Pop^/ZmmttJ , and others. If they fpeak of
l^[^' ^,,jirai the ^ca ot Mwjeilk or Narhon ^ wee fhall not op-
de France, pofe them. Buc as to what concern's the bodic
of the Sea which lie s Northward or Weftward of
the Frefich , or that flow's between Frauce and the
\([mds of great Britain (for that which lie's Weft ward
from them upon that crooked Shore, or the gulf of
Jquitaiue, doth .indeed flow between the more We-
lter ly Coafls of our Britifh Ifles, and of France, as well
as that which he s Northward from them, flows be-
tween England and Normandie) they neither produce
any Teftimonies of Antiquitic , nor indeed can they
if they would : Unlefs you will have that admitted
which hath been cited out of C^/ir concerning the
* Now Etc- Vcnett of ^ Aremorica , and that which wee faid before
tai^n i:i ^f ff^g 5^^ botdcring upon that fhore. Both which
indeed do rather import fom Icrvicc, called heretofore
Nobtlitates fufer ?iaVttus , then any kindc of Domi-
nion. Buc the Ibveraigntic of this Sea which
flow's between them and us, became abfolutely
ap.
OvpnerJhifoftheSea. Chap.XVIII, nj
appropriate to the Kings of England, as wee fliall
make ic appear in the next Book. And the truth is,
if wee look upon the Cuftoms moft in ufe among the
French^ or the Civil Law of that Nation, there is
nothing in it that derogate's from the antient com-
munitie of the Sea , but as to them it remaine's
as yet not poffeflcd, buc common to all men,
and therefore not to bee reckoned among the Re-
venues or Patrjraonic of their Kings ; if lo bee
credit may bee given to that Treatife lately publifh-
cd of the Civil ^mam and French Law, by Thomas
Cormerm Counfellor to Francis Duke of yfnjou in
his Parlamenc of Alencon. The matter that it pre.
tend's to treat of, is the (^mane Gallick Law. There
arc in it the Cuftoms of France , decrees of Princes,
and Privileges often intermingled. But under the
"Title of things common to all ^ hee make's the Sea and ^j^h'./thA,
Shores common to all, according to the antient caf.2.
Law of the Komanes , as if in this matter it did ex-
adly agree with the Law of France ' which certain-
ly is an argument , that the French have no Domi-
nion over the Sea. Nor muft wee let it pafs,thac
fbmwhile fince , there were two Confticutions pre-
tended to in France , ont of "/ij&wr/e the Second, the ^Ann.i^'^s»
other of ^ Flenrie the Third , wherein they required p^«.i584.
that the Ships of Forraigners which failed through
the Sea bordering upon France , fliould ftrikc their
top.fail foriboth, in acknowledgment of that Domi-
nion the French had over the Sea. But neither of
them were autorized, or (as they fpeak) fimply
verified by the E Hates in Parlament , yea , nor fo
much as admitted into Cuftom, Nay, the later of
them was plainly reje(5tcd as to any effedt in Law.
And this the French Lawyers themfclvs confefs
(^2 in
I \ 6 Book L Of the Vominion, or,
qL«rf.5eri;f-in a ^ notablc cafe between fom Merchants of
nm in iHa.iu fJambufgh , thac wcte flaintiffi , and Michael Buur-
\'l'jftcl^ dM and oth^xs defendants , in a Parlamcnc held
i59^-f<- at Tours, in the time of Henry the Fourth. But
262.b.Edit. ^j^^^ ecnmonic hath by moft ancient right and cu-
ftom been oblervcd and paid to the (liips of the Kings
oi En^ld^j out ofrefpc6t, and in acknowledgement
of their Dominion , as is flicwn in the following
Book , where wee treat of this particular more ac
r nmsun- large. I know very well , ' it was ordained by an
ci{c.i.r'^' Edidt of the French King, that one third part of
rMi'cfeop- ^^l goods, recovered out of the Sea , (hould belong
p;n. dedom. to thc King, another to the Admiral , and the rc-
Franc.iib i- ^jinj^j. ^q f'^c Sca-mcn that found them. And
diVu Franc, that the French do reckon very many Commanders
tom-^.tit.2. -j^ chief at Sea, or Admirals in a line fomtimc con-
tinued, and fomtime interrupted, which for the moft
part they begin from the time of Tf?ilip thc fon of S*.
Lefifis', that is, from the year MCCLXXXIV." as is
to be (cen in ^ Joannes Feronm , ' Stefhanm ^ajchaftm^
miT/trtc. ^^^ Others. Bui that divilion of goods recovered out
t Recercbes, of thc Sca bcciug fimply confidercd, doth prove any
/i6.2.frtp 14 dominion over thc Sea , no more then the Tenths
of any Prizes taken from an Enemicat Sea, which,
by thc grant of the King aifo , were allotted to the
• Edm Frar " Admiral of the Navie. Rights of this nature are
7om.^,tn 2. gfounded upon the conlent of perlbns, to wit, fub-
jc£ts ; transterr d unto the King , not upon any title
of Dominion , whereby any Pretence may bee madcj
to an acquiring of the Sea it felf ; and they are paid
no ocherwife then Impofts or Cuftoms, in the im-
portation or exportation oi Mcrchandifc. But no
man (I fuppofe) will imag in that from filch Im-
pofts or Cuftoms upon Mcrchandife any proof may
bee
Conliiu 4. &
5-
Owner/Joipofihe Sea. Chap. XVIII. \\y
bee made of a 'dominion over thofepaflages through
which the Merchants lail before they ariivc. Neither
indeed was there any fuch cuftam as this in ufe among
theFmic/?, before the time of Francis i\i^ firft • that is
to fay, plainly , not beeing Lord of the Sea, hee de-
fired to bee and was made a Sharer of thofe goods
which fliould bee drawn by his fubjeds, out of any
Sea whatfoever. Whereas the King of Great Britain
by virtue of his Dominion over the Sea, is wont to
take as his own whatfoever is left or loft in chefea,
befidcs other emoluments of the like nature, and that
by fo ancient a right , as (for ought wee know)
bear's a date no lefs ancient then the Kingdom it
fclf. And as for thofe Admirals of France^ they
were no other then Chief Commanders of Navies
and Pcrfons , and of the Forces by (ea , and Judica-
tories at home ; but not qualified as Prefidcnts of
a Sea-Province or Territoric, as the Cujlgdes ipfitft Ma.
ris, the Guardians of the (ea among the Etiglip?, and
the Admirals of England. But more of this in the
Second 'Book. Neverthelefs , from what hath been al-
leged concerning the Cuftoms , Opinions , or Con-
ftitutions, among the French^ 1 fuppofc it fiifEciently
appear's, that they do alfo acknowledg , that private
Dominion over the (ea, is not repugnant to the Law
cithir of Nature, or Nations ; which fcrve's fully for
the clearing of the point in queftion.
Thi
1)8 Book L . Of the Dominion^ or,
T^he private Dominion of the Sea , accor^
ding to the received Cu/ioms o///;^ Danes,
the Teople of Norway, the Swedes,
Polanders, and Turks.
w:
Chap. XIX»
EE finde clear Teftimonies in the Cuftoms
of other Nations^ alio of Europe, touching
private Dominion of the fia ; as the Danes , the peo-
ple of Norway^ the Tolanders, to whom may bee added
alfo the Turks. Wee have obferved by the Tolls or
Cuftoms of Denmark and Norway, what Revenue the
King of Denmark raifeth out of the very Navigation of
the !Baltiik Sea (as is commonly known ) and what
is paid out of the Roialtie of the Norwegian lea to the
King of Norway , who at this time is alfo King of
, Denmark. For, in the year MDLXXXllI. Frederick ^
the lecond, King o(Demnark and TSlprway, made a
Grant of the ufe of the Northern or ISlor^egtan fea,
for a certain time, to our Merchants of the MufcoVte
Companie in fiich a manner, as if bee had rented out
any Land whereof hee flood fully fcized and poiTef.
fed. Hee limited the Grant alfo with (uch conditi-
ons, as hee thought fit. The publick lnflrumcntS|
^in^hfmo ox Recotds about this Particular, are ^ yet extant*
€otmiatio. thereby ^j^g j^ing had an annual Tribute in recom-j
pence, other Merchants were excluded, and the Grant
it (elf was to continue no longer then the Peace made i
between that King and the MofcoVtt. Wee read al(b
in the ancient Hiftories of De/iw^r^ , of King Haraldl
Hdditan j that m nian did (refume to ufurp a Dof?mation\
in\
Or^nerJJnpoftheSea. Chap. XIX. up
in the Seatpkhout hiscoufent. And that which follow's
next, ought elpcciaily to bee taken notice of as to
this Particular , hecauf the Empire of Land and Sea Iipos
once dlVidd in the ^epuhUck of Denmark- And Olo f who
afterwards was King) fiicceeding his Father in the Do-
mmonofihe Sea, yanquip?t LXX Icings of the Sea hj/ Sea-
fioht. Which things are written by ^ Saxo Grammati- ^VmiaHiji.
cu6j and other alio of thatkinde. And in the 'Trca- cil'ian
tic held at |^DPp0ni)^S^n betwixt ChriJUeni rhe fourth 1 6i ?. m
of Denmark, and Guitavus Adiphus of Swedland. the Kinz ^'^^I'^l^^^^-
of Swedland renounceth the right ^ SoVeraigntie ^ and Do- jacobiRe^i^k.
minion of the S^^,and the other Roialties by him formerly
claimed over the faid iea, in Norway, Norland, and in
the JurtfdiElion of WMCV\^\Xi{t\X* But touching the
Sea oi Korway ^ as it lie's more Northward, wee
{hall add more at the latter end of the fecond Book.
Mention is made likcwife of the Sea belonging
to the Realm of VoUnd , and the Dominion thereof,
in that Promife which was made by the French
Ambaffidors , in the name of Henrie Til of France ,
when hec was elected King of Volmd, The afore-
faid Ambaffidors do promife ^ in the mme of the mofl iUu-
Jirious I\ing now chofen , that ajfoon ( God "billing ) as hee
Jh.tU com to his Kingdom , hee Ti?ill at his own charge
maintain a convenient NdVie, fufficient to defend the Torts
and the SoVeraigntie of the Sea , hdongmg to the Kjngdom
and the Provinces adjoyning , eVen to the utmojl bounds of
the ^ho'e Dominion of Toland j as it is recorded by Janu^
Januf:^'^shm in his ^ Syntagmi of the ftatutes of "Po- ^ub.^Mt.u
land. But the Turkijh Emperor, (whobyConqueft R 10^«
fucceeded in the right of the Emperors of ConUanti-
mple , and fo purcbafcd both the Mgemi and Euxm
fea, calling this the black , the other the white fea) is
wont foleranly to intide himfelf Lord both of the f^hite
and
no Bookl. Of the Dominion^ or J
mi black fea ; as you may fee in the League bctwijtt
Achmet the Ottoman Emperor^, and Henry the ly- of
C20 Martii f^^^^^^) m2idt abovc thirty years fince , and *prin-
1604. Par/- ted both in the Fwic^ and Turki[h Tongue, Moreover,
y;/i,i6i5. [^ ti^e fanne League, the Turk grant's the French fttc
leav to Fifli, and fearch for Coral , in certain Streits ']
and Creeks of the African Sea, within his Kingdoms
of Alffer and Tunis, And hee farther confirm's all
that had been granted to them by his Predecefibrs,
for freedom of Fifhingin thofc parts, in like man-
( j)e A/lr.tico ner ^ Coriolarms Cippicu6, relating the A dions of Tietro
Bellojib.i. ^g^^^i^Q^ General of the Trw^r/awy, faith 5 The Ottoman
Emperor built two Cajlles <very "^ell fortified , o\er againjl
each other ^ on both fides the Hellejpont in its narrowejl paf-
fage , H^hich hee flored "S^ith Ordnance of an extraordinary
hignej?^ and charged the Governors of the Cajlks to p)oot
and ftnk any (hip , that [hould endeavor to pafs without
kav. Which is plainly to domineer over the Sea,
and agreeable to h\s Tide ^oi Lord of the Ti>hite and black
Sea. Neither is that to bee fleighted here , which
wee finde in the Letters of DaVid , Emperor of E-
thidpia^ or the Abaftns , to Emmanuel King of PortugaL
zApdFran' }-]qq entituleth him ^ lord of Africa and Guinee, a?id
^rumdi rebw ^^-^ Mountains and J (land of the Moon^ and of the ^d Sea,
^thiopict^, Arabia a?id Perfia, and Armutia, ^re^f Jndia^^c. Hee
fc^''ii^% ufeth here an Hyperbole, after the manner of the Afri-
jt-ihiofum can Princes , and attributes thofc things to Emmanuel
moTitiK. vvhich were none of his : But in the mean time, hee
admic's that hee might have been Lord of the Red
Sea y as well as of any other Territorie , and that
that Title doth not intrench upon the Law of Na-
ture or Nations, any more then this.
Now that wee may at length conclude this part
touching the Dominion of the Sea^ as admitted
among
On^ner/hipofthe Sea. Chap. XIX. 121
among thofi things that arc lawful, and received into
the Cuftoms of Nations j there arc not onely very
many Teftimonies every where (as hath been
(hewn you) concerning itj but nothing at all (1
fuppofc) can bee found to impugn it in the Cuftoms
of thofe Nations that have been of any no:c in later
times ; unlcfs it bee where fom of them, that arc
Borderers upon the Sea-Dominions of others, do
ftrive to violate or infringe the Rights of iheir
Ne.ghbors, under pretence of that Natural and per-
petual communitic, fo often infiftcd on out of UU
plan by fuch Writers, as too much prefer that obfb-
iete Opinion before the Univerfal and moft antient
Cuftoms of Nations. Of which kinde truly the firft
Article of that League feem's to bee , w^hich was
made above twentic or about thirtie years paft, be-
twixt the States of the United ^roVmces and (om of
the Han/'TownSf^i it was tranflated outof Low Dutch
by a *" Dutch-man, to this effed: That this ConjunElion h Eman,
or Union ought not to he intended for the offence ofanyjbut onely Meter ams^
for the freferyation and maintenance oj the freedom ofTSLa* nir.ub.ls.
Vigation^ Commerce and Merchants, in the Eajlern ani &afudGaf'
Northen Seas , and al[o in all ^Vers and Streams running ^^' ^^^°^^
into tU Eajlem and Northern Seas- nor" ought any other Conmbutig-
thing to bee meant in this place, fo that their Citi:^em «'^«'jf-H-
and SubjeBs joyned in this League re^eElively , may ac-
cording to the Law of TSLations ufe and enjoy the Liber-
ties acquired and obtained, together "^ith the eights ^ Pri-
vileges^ and Cuftoms received from their ^nceftors , throng-
out the EaHern and l^orthcrn Seas aforefaid^ and in the
aforefaid Rivers , Streams , and T^aters, fifithout any Let or
Impediment. They promife alfo to aid each other,
in oppofing any that fhould hinder fuch a freedom
of Navigation in that Northern and Eaftern Sea^
R that
HI Bookl. Of the Dominion J or,
that is to fay, the ^altick, and that which waflieth
the Coafts of Denmark , Lituania , Tomerania^ and the
Dominions of the King of foland : where it (eem's
they prttend not onely Rights and Liberties pecuHar*
ly granted to them long fince, but alfo to the very
Law of all Nations. It is no hard matter to guefs
what the Intent of that League might bee 5 For,
about that time, the King of Denmark had raifed
his Toll in the 'Baltick Sea, and in like manner
the King of fdand within his Territories by Sea.
And that for the maintenance of that Dominion
which they enjoyed ; which that kinde of League
betwixt the States of the Ha?if Towns and United
^roVmces did (cem to oppofe. But, to pafs over
ihele things , feeing a private Dominion of the Sea,
which is the point in Queftion , is founded upon
fuch clear Teftimonies, out of the Cuftoms of fo
many famous Nations both antient and modern
(whereto wee fhall add many other alfo, when wee
treat of the Sritip? Sea in the next Book) nothing now,
Ifuppofe, hinder's why wee may not determine, that
the Sea is capable of Dominion as well as the Land,
not only by the Law Natural ^ermifive, but alfo by the
Law both Civil and Common of divers TSlations^ and in
many places aim oft according to the InterVenient law
(which in cafes of this nature is the fureft dcmon-
ftration of the T^atural-J^ermifsive) unlefs there remain
any impediment in the objections , which are next
to bee handled*
^H
Ovi^nerfhipoftheSea. Chap. XX. i^
An Anjvper to the Objection ^ concerning Free-
dom of Paflfage to Merchants,Scrangers^
^«^Sea-men.
C H A p. X X.
THe ufual Obje(5tions ( as hath been more fu'ly
fhewn before in the ftcond Chapcei) are de-
rived, fom from the Freedom of Commerce,
Travel, and Paffage, precended to bee common to
all : Som alfo from the very Nature of the Sea : And
others out of the Teftimonies of Writers. As to what
concern's the firft fortj the Offices of humanitie
require , that entertainment bee given to Strangers,
and that inofFenfive paffage bee not denied them.
So * Graiian out of ^/^ttg«j?/w faith , It is to hee ohJlrVed ^n^^tll\i,
how the Ti>arof the\^t2ii\\tts became jufl againli the kxno- c^vldefis
rites : For. they T^ere denied an inojftnfiye Tajjagej'k>hich ought ^K-^^^^'^
in all e^iaitie to he open by the Law of humane Societie, Belli &
And " Cicero faith, It is an inhumane things to denie i'^'f^» '^^- 2.
Strangm the ufe of a Citie. Verie many other Paflages h u Numr
there arc of chat fort, which fecm to ftrengthen the ^^».
ObjeBion-^ to wit, as ic relates unto the Office of Hu- ^Oj^c. //^s»
tnanitie, not difturbed by war, fear, jealoufie^ enmi-
ties , or any other of the fame kinde. But what
is this to the Dominion of that thing, through
which both Merchants and Strangers are to pals ?
Such a freedom of PafTage would no more dero-
gate from ir, (if fo bee it were without queftion
Free and open to all upon that accorapt) then
the allowing of an open waie for the driving
of Cattel , or Cart , or pafsing through upon
a journie, or any other Service of chat nature, through
R 2 another
1 2^ Book I. Of the Dominion^ or,
another man's Field , could prejudice the Owner-
fliip thereof. Suppofc it bee granted, that, by the
Law of all Nations, the Spaniards had a free
Paffage over the Tyrenean Mountains into France'
the French over the Alfs into Italie-^ the Itdiahs into
Germanie : What doth this concern a Domi-
nion of the Tyrenies or the jlps f And for any man
to allege here, what is commonly talked, of the
lighting of one Candle by another, of the not deny-
ing a common ufe of Water , and other things
of that nature, it is plainly to give over the dit
quifition of Law and l^k , to infift upon that of
Charkie. Ac the requeil indeed of Jfclepiades Bifliop
I/fio^/Mo. ^f ^he Citie of Cherjonefus , under the Emperors '^r-
i.2^.&c., cadius znd Flonmus, certain perfons , who had taught
juft.tit.de jhg barbarous people the Art of building fhips,
whereof they were ignorant betorc , were for Cha-
^ ritic s (ake freed from the pains of Prifon and pu-
nifhment. And though the Art of thofe that taught
them was no whit the lefs, becauf of that skill which
the Barbarians had gained . yet by the Law, it was
death to communicate that Ait unto them; And at this
day, there arc other inflances of the fame nature : So that
it in no wife diminiflicth from any man's Right or
Power, to permit another to participate of what is
his , when hce himfelf lofcth nothing thereof. And
that wee may determine this point in brief, it is
mofl evident from the Cufloms of all times , thati
free PafTage (as they call it) is wont ever to bee fo limi- 1
ted by Princes in their Territories,that it is permitted or|
prohibited,accordingto the various concernments of thc^
Publick Good, and not otherwife. Jlherkus Gentilis^
d j)e jm ypon that Paffage concerning the Amorius^ faith, * lam of
fVi9» tUfameofmmyVtth Auguftine, in tafe there bee no fear of
hurt^
On^ner/hip of the Sea. Chap. XX. 415
hurt, and an ajfurance that no hurt mayhee don. Princes are
concerned to bee warie and careful , that they admit no
fuch ftrangers, or Commerce, where , fro re nata, the
Common-weal may receiv any damage thereby.Upoii
which ground alfo it is often provided in Leagues^' that ^ MhcU
it (hall not bee lawful for 6tkr fartie to fatl unto each others ^l^'^f^^,
^ort$ ^ Coajls, or Harbors^ (add this when neither of rauBtlg.A*
themhach any right to the waieby which they pafs) "J^^^^if*
Tif'tth fuch a number of fhifs or Men of Wdr^ m may give d
jujl occafion of any fear or jealou/ie that force is intended, ex-
cept leaV bee firjl had of that Tartie under Ti?hofe Juri/diSlion
thofe 'Places are j or uniefs they bee driven thither by Tempeji
or fom other necefslty^ to avoid a greater force , or the danger
ofShipmack* According to the fear or fulpitioti of the
Lord in poflefsion, and at his difcrction, all Merchants,
Strangers, and Foreigners whatfo€ver may bee prohibi*
ted, uniefs fom other fpecial right or cuftomdo inter-
vene. And ^ /^ri^o^fe faith plainly , Provilion ought ^ PoUtMh.j*
to bee made by Laws , fifith Tifhom fubje&s may^ or may ^"^' ^'
not convex f ^^odin alfo (aith well , That the Laws of ^pcKefub*
Commerce are contained in the particidar CompaBs and A- ^'^'^^'Jfde
greements of feofle and Trinces, And in another place eum,Ub. 4.C4*
hee add's , It is lawful to forbid a Foreigner from entring '^*^' „^1
the Borders^ anddfo to force him out if he haveentred the deAditu ad
Borders, not onely tf a War bee on foot^ but alfo in time of Moluccas.
t^eace, that the manners of the Inhabitants may not bee corrup-
ted by conVerf Tifith Strangers. But that Wars have been
lawfully undertaken for a denial of Commerce,
uniefs the denial were given contrary to fom
antient League, or uniefs that freedom depended
upon fom fpecial Tide to Commerce, wee do as i^Th.dein-^
cafily deny as any other roan can affirm. And f^- .^
though,according to the opinion of ^ Francifcus ViBo^ diarMb.L"^
ria, who alfo is followed chiefly by * Joannes Solor^anui ^"F* ^o* §
R 5 i.Y.a ^^'
Ii6 Book I. Of the Dominion, ovy
I. V. D. ic bcc affirmed, that the Spaniard had a law*
ful Right to fubdue the Indtam , bec*»uf they denied
Commerce and Enrertainmcnt ; yet they ate in plain
k -pcjum- tcarms oppofcd by ^ LudoVtcM Molina^ who will have
iia&jure, «o Nation ot Common weal bound , cither with or
V.f/J'^^^' without danger to it felf, to admit Com meree or Fo-
reigners, butm cale ot great and immment necelsitic
or unlcfs any League, Agreement, or (om other fpe-
cial privilege do intervene. But there are other preten-
ces not a few which the Spaniardi allege for the Con*
queft of the Indies : For , they pretend alfo a Right
of Dilcoverie, primarie occupation, Converfion to
the Faith, and other things of that nature, bcfides
the Donation of the T^ope. Of all which, i^olor:^aniis
treat's at large. And it is ftrange, how ihe Spani-
ards fliould have a Right to acquire the Indies^ upon a
iGeorgm de denial of Commerce , fince it is^ very vvcU known,
CabcdoVe- ^]^^^ j^q^j^ jj^gy ^^^ (|^g Tortuxals do Openly profefs.
part.i.Vecif. that thcy may lawrully prohibit Comnercc in both
^-j.&di' ^ the Lidtes, Nor doth ic prejudice the point at all,
im%^M^d tf^at according to the Imperial Law , no Prince, nor
Lib:ro.H«g. any other holding Royalties by his Grant, can™ for-
nexm ^" ^^^ ^^^ palTage in the common Road without fom
""Rothenfai. juft cauf, which muft bee determined in an fmperi-
de Jure Feu. ^\ Diet: neverthclcfs^ it is wrefled by fom to prove
Ke^aiibuf, a freedom or Navigation at bea. For that happened
cmiui.21. \.y ^ particular Law, agree'd upon by the Eftates of
Regaiibm, the Empire, who thcmfelvs alo are fubjed to a Di*
//i2.crip.2. ft. But Other Nations that are under feveral and di-
ftindV Soveraignties , have not ">s yet made any fuch
Agreement, that there fhould alwaiesbecalibertie of
PafTage to and fro-, nor have they (like the Germanes,
and others within their Dominion) referi'd thcmlelvs
unto an Umpire to dcteriminethe buhriefs.
i
OvDnerJhipoftheSejt. Chap, XXI. ny
(*Jn Jnfaer to that ObjeBion concerning the
uncertain fluid nature of the Sea , and
its continual Alteration. It is proved ^
^i^f Rivers alfo^ andthe^i^^oymn^A'cx:
(yphich are more fluid and uncertain) may
becom appropriate.
Chap. XXI.
BUT they fiy, that the very Nature of the Sea
render's it unfit for privatDominioDj bothbecauf
it is ever in Motion, and in no wife remain's the*
fame ; as alfo becauf a convenient matter, as well as
Inftrumcnts, are wanting therein to make a dlftin-
dion of Bounds j without which private Dominii»
ons cannot well confifl: yea, and becauf by reafon
of its vaft and fpatious Body, it is alwaies fufficienc
for all. As to what concern s its fluid Nature , are
not Rivers and Fountains much more in a perpetual
Flux or Motion? Rivers alwaies run forward, where-
with the Sea bceing compared, it fecm's to (land im-
movable, as faith * Srr^^o. And ^ Eu^athm faith, that iQ^^njaph
Howfr therefore call's the Sea by the name of a ftan- Ub. i.
ding Pool; becauf it runs not forward (as^l^ivers do) but ^^'^^^^'^^-^
is'very Jlahle, And*" an other faith, theSeaftands with- "^ Seneca,
out Motion J (isif^ere fom dull heap of matter that Nature '^^'^J^'"*^*
could not bring to perfeBion, But fuppofe wee grant it
beefoflaid, as is ufually faidof the moft Northcrnly
Seas and Channels ^ yet certainly the Channels and
places out of which the waters flow , remain ever
the lame, though the waters themfelvs do fliift and
change
u8 BookL Of the T)ominion, or ^
change continually. Nor yet can it be (uppofeJ that
the Right of private Dominion over Rivers, is any
whit prejudiced thereby. In the ^B^am-Germane Fm-
pirc, Rivers, according to the Civil Law , are of pub-
A FeudJih.'^. licl^ "^ ; y^^ *^^^y ^^^ reckoned in the Emperor's '^ pnva.e
tit. §^£ fmt Pacrimonie, and among the Rights or Roi.^hies bdon-
fhenld'fs''' S'*"8 ^^ ^^^ ExcScqucr : 10 thac either the Emperor or
Jure Feud. Others by his Grant, have in Ukc manner a yt^arly Re-
*^/&^*^°X v^^^^ out of the Fi/^eWw in them. Upon which ac-
2^.Sixnntii compt it comc's to pafs, that they of Lcw^^arJ)/^ and o-
deRegaiibw, ^[^qj; particular People throughout Italy , enjoie all the
^^, Rivers ot their Territories, as proper and peculiar to
tBeServi- thcmfclvs by Prefcription, as wee are told by ^ Cupola.
^Tr^diotum Nor is any thing more connmon, then an aflerting of
c^f.3 1. '^he private Dominion of Rivers as well as their Banks,
in the Laws of Spain , France , Toland , and ^e^
nice; and in a word , of all Nations whofe Cufloms
are known to us . Nor , as to what concern's this
Objci^Uon (fetch't from the fluid Conftitution of the
fea) is there any difference in nature between a grea«.
ter and a leflcr , a private and a publick River. Even
f Li^.T.§ .. ^ Ulpian hirafelf concerning Rivers, faith, There is no
ff deFlumi' difference between a private RtVer, and other private Tlaces»
7 L^' ff.de ^^^ ^Martianu^- If a man hath fifh't aU alone many years
'Diver [. in a Corner of a publick River^ hee may Under any other from
T^fwp. Pre- ^c^^ ^j^ i^^g Libertie, Moreover , oftentimes hereto-
fatft. Vide c ^ . i r~ ' T> • u J
/.4^. f.de rore in the Romane Empire, Rivers Were mide over as
vfucaponi' well as Other Parts, after the manner of Lands a/fign-
^^Lib. de ^^' ^ siculus Flaccus laith , In fom Countries , even the
Conditioni' Kivers themfelvs are a/signed out hy meafure, 'But in fom
usjgrorm. f}j^ ji^i(.^jiy^^ q^ remanent part onely is left out unafsigned;
. and yet it is excepted out from the parts afsigned^ as belong.
Jul. Frontin. ing fliH onely to the river it felf After the fame manner
de limiubm ^Ko ' A?2enui UrbicM, For, it was never conceivcd,that
Agrormn. 00 ' ^ .
OivnerJJjipofche Sea. Chap.XXI. li^
the Rivers were othcrwifc acquired by the People or
Emperor of Rome then the adjoyning Lands ; accord-
ding to thK of the river Damhiu^ ^ Ipeaking to the
Emperors ;
^ Danuhim pmtls caput occultatui In oris^ k Aufonim,
Tot 11^ jub ^eUra jam Ditione fluo: ^P'*'"- 4-
Et cjua Dives aquis Scythico fobo ojiia Tonto^
Omnia jub yeflrum ftumina mitto Jugum.
Danubius. 3i,U)i)ofe jFoutttam fetb tio ftnotb,
il5oM) tbljoilp unnecpourSDoininton floM) :
%m itoljen fttlKDarg D run to tlje £uxin feSj
J mm all Kibers to pou %imtt pa^
Wee knoW; that an Ifland newly fprung up in a ^
river, as alfo a Chanel that is defated, is even by an-
cient Cuftom ^ common to fuch, as upon the Bank of ^ ^*l.'^^'J®
any river do poffefs Lands that are not h'mited, ihac quir.Rer.do'
is tofay , after the manner of Lands or Poflefsions • f^inkf^in-
unlefs there bee fom /pecial Law or Cuflom to the -f^J^ ^i^jT^
contrary. And touching the Divifion of fuch an Ifland i"[t<^^'
according to the nature of feveral Lands, fituate near
one Bank or both , Sartolu6 in Tiheriade , hath writ-
ten long fince. but of later time Jo^wwei ^uteo , 'Bapti-
Jia Aymu4^ Antonius Maria Joannes Gryphiander, and others.
Therefore , in that cafe , a Proprietie of the Chanel,
and fo of the River (even of that which according
to the Civil Law, is of publick and common ufc;
as well as of a Field that hatha common Thorow-
fare) was common before to the Owners that had
Lands lying on both fides. By the fame reafon al-
moft, an ifland newly fprung up in any fea, that
never was pofTeffed by any , and whatfoevet fhall
bee built upon ic^ become's his that firft enter's it by
S occu-
I JO Book I. Of the Dominion, or,
occupation ; For, the Chanel and that Sea, at firft be-
long d to all men in general. But by virtue of that U .
niverfal Compaft or Agreement ( before mentioned)
whereby things not yet pofrefTcd, were tobecom the
Proprietie of him that fhould firft cnjoie them by Oc-
cupation I hee that fhall fo poffefs them by Occupa-
tion receiv's the ifland and Building as ic were by a
Surrender of Right from former Owners. Seeing
therefore that a Proprietie and private Dominion of
Rivers hath been every where acknowledged , why
fliould it not bee acknowledged in like manner that
tncre may bee Owners of any Seawhatfoever ? Since
the fluid nature of water can no more hinder a Do-
minion in the one, then in the other. Yea, the Ri-
vers themlclvs are onely leffer Seas, as alfo the Fenns
and Lakes » even as the Sea it felf (as ro its fluid Con-
flicution) is no other then a River, Fen, or Lake,
differing onely in bigncfs from the reft: And fo ic
hath been taken by the Antients. In the very ftorie
of the Creation , all the Gatherings together of the
waters are called Seas . which hath been obferved
"^ Eucht'riuf jjif^ by jjjg m fathers to thispurpofe. There are alfo
I). Hier'ony* vcry eminent examples in holy Scripture touching the
miis£-aiii. two LAts of /^Jp}?altites , 2Lnd Tiberias y both which are
Philcfcnm ccjually called Seas. ^JphcMtes,\s by ^liny^^tolomyJo/ephM,
de Mundi SoluvM^ and VitruVtu6^ tcarm'd aLake : But by Mofes
^L^^^6. " the Jcilt Sea • and by moft of the late Writers, the dead
n Ge«. 14.3. ^ea, I'tberm is in like manner by the Antients , and
oLwf.j.i. ^i^ j^ ^t o£^ called a Lake; by the other Evan^ ,
P Metccrolo- J ' if--iiAi-i- ^
gicMb.i.caf. gelifls a Sea, as alio in the Syriack and Arabick 1 ran-
*^' Tlacion of S' / vke. And ^ ArtUotle faith , that about
the Mountain Cdncajta^ there js a Lake or aZ/xi» , hut
the m^hhourmg Teople call it a Sea. Hee fpeak's of the
Lake Mmt'ts^ which by reafon of that abundance of
Waters
Owner/JoipofiheSea. Chap.XXI. iji
Waters which it difchargeth tlnrough the Qmmertan
'Bofphorui into the Eux'm ^ea^ is by the Antiencs called
^Mother of the Sea^ or Mother of the Euxin Sea. From ]^^lf°^!!^*
whence alio it was the opinion of iom, that Maotis mene.pun,
flood in the lame relation unto ^Ontu^, (Profontis , and ^^j^j^T^lr
the ^gean Sea, as the Ocean doth to the Mediterranean, & ad eum
EuftathiM.
Oceanumciue negant folas admittere Gdes^
^Ijeptio acnp, ttjat Cadiz ^tteisDt
%\my atimit s tlje ^ttm& 5Fteigl)t s
As "" Lucan faith concerning it. But ^ Agathk tell's us, rPharfai.^,
that in JuHmian^s daies, it was called The little Sea» 'H'l^orMb.
And fath ' Fejlus AVienus coPro^r^; Thou dtd'Jl quejlion t inorUMa*
mee ( if thou doH remember ) about the fttuation of the i^^^"^'
Mxocick Sea, By which means it hath happen'd,
that even at this day it is called Mar deUe Zahach, and
Mar delta Tana, So feven Lakes of the River (Po in
Italy are ulually tearmed "^SeyenSeas. And wee read ^fn^m^
in "" Cafsiodoras, that Addua , a River of Cifalpin Gallia^ c.is.Herodi'
cmptie's it felf into the Lake called Lago di Como , as f'J'^:^'„r
into Its proper Sea. Hence it is , that in Htfychtm u.FomuL
and Suidas , a Lake or a/V>j denote's the Ocean and H-
Sea and vnirot/^os, or a River, the Ocean it felf. Nor
is it in this place impofsible, that a ^iyer [hould contend
tfiith th^ Sea j However, otherwife it hath been ufed
as a Proverb, of (uch as ftrive with men mightier
then themfelvs. Al(b in Homer,
y ^oL%r^$ liiv%(ft >StJLm. . ' ^^'<^^' ^*.
The depth of a deep Lake is ufed for the depth of the
Sea. And in another place hee put's TrepiKSL^ict A/%- ^AdAufiou
i-flv^ a -very fair Lake in flead of the Sea, as it is obftr- ^J^^^^'fokg,
ved alfo by * 0/)7wp/W(?r«f, Yea, fbm of the Antients [el^^^'^'
S 2 have
1^1
apUtoin
Pbadone,
hndeGi-
raid' Cam-
brenf.tofo-
grafh. Hi-
l)ern.diji.^.
caf. 1 4.
iPbarfal.2.
^ Claudius
Salmajiufjn
Plin. Exer-
citat. ad So-
linum, fag.
577*
« J. Vruf,
Obf 9. caf.
20. & ad
d'tjficii. Icca.
Kumer, caf.
1 ^ ;. & Ai-
hericw Gen-
tflis in Le&i-
onibm Vir-
grlianiSt Crtp.
ij.CxLKiiO'
digin. led.
Amiqlib.iS.
caf. 1 4.
Book h Of the Vominion, or,
have raid, that the Ocean it feU is one of thofe * four
huge Rivers , which fpring out of fuch a Hell , or
fuch a deep Gulf ^ as ^ fom feign to bee found to-
wards the North 5 the other three beeing iroprifoned
in fccret PafTages of the Earth. Moreover, Lucan call's
the 'Britijh Ocean,
. "^ Incerti flagm profundi
Zn unftabie mp (lanDtng poou
And in t^arbarous Latin, theyvord Mmfcu4 , as a Di-
minutive of Mare the Sea, is uftd in many Places for
a Mar(h or Lake , under v^hich notion alfo it hath
been Tranflated into fom other Languages, beeing
varied according to their divers forms of Exprefsi-
on. Other oblcrvations have been made by* others
to the fame purpofe. So then , both in Subftancc,
Nature^ and Name, the Seas, Rivers, and other Bo-
dies of Waters (fo far as concern's the Point in quc-
- ftion ) are all the fame , that whatfoSvcr may bee
laid of thcle, may bee applied in like manner alfo
to the other . fave that there may fom diflFerence bee
alleged oncly from the largcnefs of the one and the
nairownefs of the other , which in the Point of
Dominion (as it relate's to Poflefsion) is of no ac*
count. Add moreover, that the ufual Objc<5tion
touching their fluid Nature , or the continual fliift-
ing of ^^aters in the Chanel , doth here no more
prejudice the cauf of Dominion and Poflefsion, then
the fluid nature of the Aer doth the Dominion and
Poffefsionofthat fpace which confine's aHou{ from
the Foundation upward. That fpace feem's as a
Chanel to the whirling Aer^ whereof not with ftan-
ding hee , according to the Civil Law , is the un-
doubted Owner, who pofTeffeth the Ground and
Buil-
OvpnerjhifoftheSea. Chap. XXL 13^
Building. Hereupon ^Servitudes have beenimpo. ^servitutes
fed, againft the rearing of Houfes higher then ordi- f<ntjura
nary, alio againft hindring of Light , or Profpcift, ^^'^'^'^'^^'«•
and othet of that kinde in the very ambient A^rj
So that where a ^ Prohibition of a new Building hath * in novo
iflued, ?omponm faith y the Aer ought to bee meaJureJ as ^P^''^^««-
^ipcll as the Ground. And it is evident , that the Aer f l.ii. f.
is his who is owner of the plot of ground. So that th.guodvi
as to that faying of Taulus , that a Tree growing in ""^ ^'
the very Confine betwixt two Lands is ^common to ^^-^f^^it*
the Owners on both fides, for fo much as grow*s iri
the ground of either, foannes Suteo difcourfing of
the Divifion of the fruit of fuch a Tree, (aich , ^ ti^ee ^ traa. de
muflfupl)ofi the ground to bee the Aer it /elf that ^ Jpread ^^^^"/Ir-
o^^er the ground, which hee mcafursth by diredt lines borismmf-
from the oucmoft boughs. And therefore, fiirely, wee "'* ^^^^' •
arc owners of the ground, houf, and fpace, which
wee poflcfs in ieveral as owners, that every one, for
his beft advantage, may freely and fully u(e and en?
joy his own bordering Aer, ( which is the element
of mankind) how flitting fo ever it bee , . together
with the fpace thereof in fuch a manner , and re-
ftraia others thence at pleafure, that hee may bee
both reputed and fettled owner thereof in Particular.
Much le(s then doth the fluid nature of Waters^
which is far Icfs then the other , in any wife hin-
der an ownerftiip or Dominion over them. And
even thofe things which naturally are thus flitting,
do notwithftanding in a Civil fcnf remain ever the
fame ; as the (hip of Thefens, a Houf, or a Theatre,
which hath been (b often mended and repaired, that
there is not fo much as one part or plank left of
the firft building.~^
But; they which make ufe of fo frivolous a fubtil-
tic
ij^ Book I. Of the Dominion y or J
tie as this to oppofe a Dominion of the Sea , fiiould
i'Dio'^.ta" ^^^ turned over to the Philofophcrs; efpccially *He-
ert.inHera- racUtus^ and Epichamus , whofe Dodrine was , that
clit9,&c. g^gj.y jj^jj^g jg |-Q changed, altered, and renewed
every moment, that nothing in the world comi-
nue's at this infliant, the fame ^ that it was in the
inftant immediatly going before. No man (laith
^Efift.<^S. ^Seneca , in imitation ot Heraclitm) U the fame in
the Mornings that hee 1^06 the day before. Our (Bjkiies
are hurried like Rivers. Whatfoever thou fetfl , runs
T^ith time, TSLot one of all thofe things that are njifihle,
continues, I , even t^hil'fl I fpeak of thefe Changes ^ am
changed my felf
It was (crioiifly affirmed alio by Heraclitus , that
not onely the fame River could not receiv a man
twice^ but alfo that the (amc man could not enter
twice into the fame ftream. So that to caft all into
Heraclitus hit ^ver , became an ufual Proverb , to
exprefs a continued and perpetual change of every
thing from it lelf. But let fuch as dream , that the
fluid inconftant nature of the Sea difprove's the pri-
vate Dominion of it ; entertain the fame opinion (if
they pleaf) with theft men, of things that fall under
a Civil confideration , and then they muft of necef-
fity grant alfo , that thcmfeivs arc not Owners or
Poffeflbrs, either of Land, Houfes^ Clothes, Mo-
nic, or any other thing whatfoever.
]/fn
I
OwierJlnpoftheSea. Chap.XXII. ijj
An Anjvper to the ObjeBiom tmching the de--
feB o/^ Bounds and Lixwii^intheSca-^ ^
alfo concerning its magnitude and inex-
hauftible abundance.
Chap. XXlL
THe ObjedioQ, couching the defed of Limits and
and Sounds , foUow's next. And truly , where
Dominions are diftinguifhed, nothing can bee
more delirable then known and certain Bounds in
every place : f^or was it without cauf, that ^ Ter- ^Plmhb.in
minus J the God of Bounds , was received heretofore ^^""'^•
among the ^manes for the God of Jufticc. But the
nature of Sounds is to bee confidcr'd either upon the
Shorcs^or in the open Sea. And why Shores fhould not
bee c^lcd and reputed lawful Bounds , whereon to
ground a diftindion of Dominion in the Sea , as
well as Ditches, Hedges, Mcers, rows of Trees,
Mounds, and other thmgs ufcd by Surveyors in tfic
bounding of Lands , I caanot fully underftand. Nor
is ^ Syhmm any whit more a Guardian of Bounds,
ihmKejftune, But yec a very learned man faith, Uhere mSlT'^by'
» a ^a/on in nature , ^hy the Sea under the aforefaid Heathens
conftderation cannot bee pojfejfed or made appropriate-^ be- ^^l^^^J^
cauf pojpfsion is of no force ^ unlefs it bee in a thing that is and Nefmre
bounded'^ to that Thucydides calls a Land ufipojjeffed, f^^l^^'"'
do^g-ov unbounded; and liberates the Land pojjejpd by the dejure Belli
Athenians, a hand boun.kd Ti^ith Limits. Sut liquid "^^^^^^^J^^-
things^ b?cauf of themfelvs they are not bounded j cannot bee $.3.
poffeffd ^ faVe onely cis they are conteined in fom other
thing 5 ^fi^^ ^hich manner Lakes and Tonds are pojjejfed,
and
1^6 Book L Of the Dominion, or,
and (^tVers alfo , becauf they are conteined Ti^ithin 'Banh.
'Sut the Sea is not conteined by the Earth, it beeing ofeqtial
bignels , or bigger then the Earth ; fo that the Antients haVe
affirmed the tarth to bee conteined by the Sea, And then
hce brings divers Tefti.rronies of the Ancients,
whereby it is affirmed more then once, that the
Sea is the girdle or Bond of this Globe of Farth, ^
and that fetching a compafs, it indofeth all the
Parts thereof together 5 and it is very often laid by
the Antients, thatths Land is conteined and bounded
by the water or Sea 5 as if the whole Earth made
«J Cicero in as ic Were one Ifland , beeing ^ furrounded by the
*w"'&vide ^^^' ^^^ admit it were to bee granted (which, I
Jo. Pbiiopon. fuppofe , neither that learned man nor any other
de Mundi y^^^\[ g^Y2Lnz ;) yet I do not well fee , why the thing
lib.lcaf.^. conteining fhould not in truth bee bounded by the
thins; conteined, as well as this by that. May noc ^
a Icfler bodie that is fpherical, or of any other form,
beeing conteined by a greater which is every w^ay
contiguous to it, bee faid to bound and limit the
Concave of the greater Bodic, as w^ell as this to
'Excrcit. jjjpj^ j[^g Convex of the lefTer ? But Julm ^ ScaVmr
faith vei'y well of the Sea and Land; That the one is
not fo conteined by the other , hut that it may alfo contein.
tior are they fo disjoyned from each other , hut that they
may both encroach upon each other and retire by Turns. The
Sea and Land mutually imbrace one another with
f.^ 5^^ ^g^j. crooked windings and turnings 5 this with Pcnin-
Bircanid, fula's , and Promontorics butting forth , and Creeks]
like a huge binding inward • that working up its waves about
incompaffed all the L^afTagcs of its vafl Bodie. Thus it is evident
wich Land, ^j^^^ ^^^ Q^g indifFercndy fet's Bounds to the other,
paVaae into no otherwife than Banks, and Lakes, or Rivers ;'
any other which alfo appcar's more evident in the ^ Ca^ian
^'*- " Sea
0\werJJ)ipoftheSea. Chap.XXIL uy
Sea that is encompaffed with Land. And in like
manner in the Mediterranean-^ before that Hercules , or
(as the ^ Arabians fay) Alexander the great did, by cut- ^- Geogrr.pb. ^
ting the Mountains, let in the Atlantkk Ocean ;;,^^.^^'/^rVj'
through the ftreights of Cadi:^ And thereby ic is
made up one fingle Globe, wherein divers Seas are
bounded, as well 3S the Ifles or main Land: as
ic is more clearly proved out of holy Scripture.
There the waters are gathered together , and limited
by their Places and ^ Bounds. And (aith the Lord '' Dam^cem
himfclf of the Sea ,' ' I encompaffed it Vith my 'Bounds^ t^'^tb'f
and fet Bars and Doors ; and /aid, hitherto fhalt toon com, cap. 9.
hut no farther- And in another place, ^ Hee gaVe 'Jf^l'^^'
unto the Sea his Bounds ^ his Decree un'othe Heaters that
they [J?ould not pafs their Bounds : So that it cannot bee
doubted every Sea hath its Bounds on the Shore ;
as the Land it felf. Nor had I made mention of this
Particular, had I not found it impugned by fo
eminent a perfbn. And truly there is but a very
little more difficultie , to finde out Umits and Bounds
in the main Sea , for diftinguiihing of private Do-
minions. Wee have high Rocks , Shelvs, Promou'^
tories oppofite to each other, and Iflands difperfed
up and down , from whence as well dired Lines,
as crooked windings and turnings, and angles, rnay
bee made ufe of, for the bounding of a Territorre
in the Sea.
Mjfe jacent medi^ , diffnfa per (^quora^ terne j
hmumeri furgunt Scopulij montefque per ahum.
:^ tt)ouranti llanus itoitftm tlje mam Do lie ; •
Kocfts numUet:lefs> anD i^onntams tilt on
X^Jbugljoat ffte Deep*
T The
138 Book L Of the Vominion, or,
^ The ancient Cofmographers alfo reckon up the Seas
of the world, no ocherwifc then Towns, Rivers,
Iflands, and Mountains, as beeing no Icfs diftin-
guiflied fronn each other by their rcfpedive Bounds.
I In cofmo' * yEthicus faith , Every Globe of land hath XXX Seas,
graphia. CCCLXX TownSj LXXII Jflands, LVII f^tVers , and
XL Monntaim.Scc. After this alfo, hce reckon's the
Seas of the Eaftcrn, Weftern, Northen, and Southern
Oceati one after another , after the fame manner as
hee doth the Provinces and their ifles. How truly,
I difpute not ; but in the mean time hee made no
qucftion , but that the Seas are fufficiently diftingui-
flied by their Names and Bounds. Add hereunto
that ufeful invention of the sea-tnan's Compafs, and
the help of Celeftial degrees either of Longitude or
Latitude^togcther with the do6trine of Triangles arifing
therefrom. Alfo in thofe Plantations that in our time
have been carried out of Europe into America, the de-
grees of Latitude and Longitude do ferv the Pro-
prietors in flead of Bounds j which with as little dif-
»" ^futi. E- ficultie are found in the Sea. In like manner "" Ibm
mamei. Me- vvould have had the Tropick of Cancer and the
Beigic.ub.' EquinoSiial Line to have been the Bounds in the Sea,
28. for the limiting of that Agreement, which was to
have been made in the year MDCVllI, between the
States of the United Troyinces^ and the Houf of Auflria.
And in the late Agreement betwixt the Kings of
^Anno 1(530. Great Britain and Spain , " the EquinoBial Line is the
Aru2, Bound appointed in the Sea. Other Inftance} there
jxht k ^^^ ^^ ^'^ '"^"^^ nature • Eor, Sarpedon and Calycadyim,
Legationi' two Promontorics of Cii'cw, were defigned as Bounds
^^'uviuT ^^^ diftinguiOiing the Dominion of the Sea, in that
decad.^Jil League made betwixt the " ^^anes and Antwchus
^- . King of Syria, Alfo, by Decree of the Cmperot
Leo,
OiwerJlnpoftheSea. Ghap.XXII. np
Le6, of whicK wee have alreadic fpoken,thePF//^m^ p An Epocb^
Epoches or Fifli pens that were by men placed in the was a device
Sea lying over agajnft their Lands, were limited to o"^-^p]Jjf°^^
certain nymber of Cubits. The cafe was the fame made of'
likewife touching the Cyanean and CheMonkn Idands, ^^^ f^^^ a
in the League made by the *^ Athemans with the King between
of ^irfii • which hath been mentioned aHo be- ^^^^^^ ^^'^•'
- ' ' ven into
tore. ^ ^ the Sea.
Moreover, Pope Alexander VI ^nd his Cardinals, '' Flmarch. in
or the King of Sp^m'S Agents made no fcruple touch ^ vnaCimomi,
ing Bounds of this nature, when the King obreincd
that famous 'Bull ^ whereby hee had a Graiit of the
Weftern world • but fo to bee limited , that the
thing given fhould, in the hither part of it , bee
bounded by an imaginarie Line drawn from the
Artick to the AntarHlck Tole , •" Ti>hich Jhould hee dijlant r icen.che^
from each of thofe 1 /lands called de Los, Azores y cabo rubin-BuUar.
vcrde, one hundred Leagues towards the We(i and ^^^^
South (which are the verie words of the Bull.) Where-
upon ^ Hteronymns de Monte, (aith , Sounds 'Vpere fet in [ q-raaat. de
Heaven and in the Aer , in the time of Tope Alexander fimbuf re-
Vl between the Portugals and Caftilians, in dividing ^""^'^^^''^'
the Indian Iflts then newly difcoverd by the degrees of
Heaven ; and fo all that "Vpos found EaHward , "^as allot'
ted to the Portugals , and that Tifhich lay Wejlward to the
Cajlilians. ' Certainly , in this place , no more regard
was had to the portions of Land , whether Iflands
or continent, in the meafuring of Bounds, then
to the fpaces of the Sea. Moreover , it is ordinarie ' Bartoim
among the Lawyers, even thofe who are mofl: heHdeW^
carneft for ^ Communitie of cverie Sea, to limit an dp. /n /.
hundred miles ' jurifdidion to the Lord of the ad- f'j^^^^ji!.
jacent Coaft. Somtimes wee finde fixtie. It is in a dims,
tnmier received ((aith " SoJ/w ) by the common cuflom of aU ]f^ ^^***
T 2 Trmces
i^-o Book I. Of the Vomimon^ or,
Princes bordering upon the Sea , that for fix tie miles front
the p?ore, any Prince may gi\e Law to thofe that fail near
their Coaji j and ' it Tb<*5 Jo adjudged in the Cafe of the
Duke of Savoy. Which hec oblervcth out /)f Cache-
ranu6 his decifions oi^iemont. Yea, and it is main-
Mm^Trl «incd by very ^ eminent Profcflbrs of the Civil
ds Finibus Law, that an Adion at Law may bee allowed for
regundkca^. regulating of Bounds in the Borders of the Sea.
aiiiibicita' Therefore they fufficicntly acknowlcdg the Cultom ^
^'- of meafuring and letting Bounds , even iq the
Sea.
But as to what concern's that ftying of Amhrofe^
Gcometram audiVmu4^ Thalaflbmetram nunquam audi-
Vmus , Wee have ijeatH Of a Geometrician, Otte tljat
meafuretl) lattO; \}XXt nebet of a Ihalaffometrician,
o; one w coulD meafute arm lap out l5ount$
in t|)e ^ea^ This truly is^ rather a quibling of
words , then any Argument againtt the point in hand.
And the holy man fpeak's in that place, of the va-
rious lurking- holes, or holds of divers Fifhes, which
God hath appointed for them in the Sea, not touch-
ing a civil diftribution of the Sea# Nor was there
any rcafon why hee fhould (peak thus of a Tha^
lajfometrictan \ as a thing neyer heard of before. For , wee
know that even Ihalajfometricians were ordinaric
among the Grecians , who had Dominions by Sea,
with very frequent and various diftindions of thofe
Dominions 5 And that the Sea was meafured accord-
ing to the Rules of Geomctrie, no lefs then the
Land. Troclus a famous Mathematician, treating
'^ittEucUdk, about the exccUencie of Geometrie, faith, ^ It hath
cai.\! in ^ifeoVerd the Situations of places , the meafures alfo of
Gr£cis^fag. Voiages by Sea , as ^eU as joumies by Land, Moreover,
^^* they had Inftrum^nts to mealure the Sea , which the
Grecians,
Oi^nerjhip of the Sea. Chap. XXII. i^i
Grecians, or at Icaft the modern Greeks^ called %L\aL<r~
cj^ouir^;^ tnea/ures of Sea-Vou^es ; and have written
that tiero, Anthettnus, and other antient Mathematici-
ans, learn'c the Art from Archimedes, and cranfixiitced it
to Pofterity. Yea, it is faid by "" Joannes T:^et:s:es , that ^ChiTiali^.
thofe men difcover'd both water and winde-inftru- ^'i^'^SZ.
mcnts out of the Books of Archimedes ^ and Engines to
move th'mos of "height , and i?ifiruments called Thalaflbdo-
metrae , for meafuring of SeaVolages : fo that as con-
cerning the bubncis of meafuringthefea, there is no-
thing to hinder, but that both matter and inftmments
may bee had for the diftinguidiing of its Dooiini-
ons.
Laftly, that which is objedcd , touching the vaft
magnitude of the Sea , and its inexhauftible abun-
dance, is of very little weight here* Suppofe it bee
inexhauftible, fo that hec which fhall appropriate it
to himfelf, can receiv no dammage by other men's
u(ing it, what mote prejudice is this to the right of
Ownerfliip or Dominion , then it is to the Owner
of a Fire or Candle, that another mans fhould bee
lighted by his ? Is hce therefore lets Mafter of his
own Eire or Candle I But truly wee often fee , that the
Sea it felf, by reafon of other men's Fifhing , Na-
vigatiotty and Commerce, becomes the worf for hint
that own s it, and others that enjoie it in his right ;
So that lefs profit arilcth , then might otherwife bee
received thereby. Which more evidently appears in
the u(e of thofe Seas , which produce Pearls , Co-
ral, and other things of that kinde. Yea, the plen-
tie of fuch feas is le(sned every hour , no otherwife
then thit of Mines of Metal , Quarries of ftone , of
of Gardens, when their Treafures and Fruits are ta-
ken away. And it is a^ cuftom of the Mahometans
(who
|.^i BookL Of the Dominion, or^,
(who are very great and Porent Nations) to eftimate
theii feas no lefs upon this accompc , then by the
Revenue cither of Fifhing or Navigation j as wee
may fee in that thck falf J^rophet ^ when fpeaking of
« In Alcora- the moft holy God hee iaith , * It is hee that hath pre-
^^6 ^hicldi f^^^^ ^'^^ ^^^ f^^ y^^^ ^^' ^^^^^ ^^^^^^ y^^ ^^y ^^^^ f^^i^
jfab.i6in Food (and ule Fifhing) and alfo that out of it yp.emay
Laiim. j^^^ ornaments to adorn you, Mahomet ^en Jchmed,the
befl Expofitor of the Alcoran , interpret's thole orna-
ments by Coral and Pearls ; which words alfo are
b^(j4r.55. ufcd in another^ place of the Alcoran , for the chief
Sedin CoJ. Commodity of the Sea. From whence alio it is ,
that a fpccial Licence to (earch for Coral , hath fom-
times been granted jn Leagues made by the grand
c ffift Nat. Seignieur , as is obferved before. Yea , and *" Vliny
lib,9.caf.s%. fpeaking, cfpeciallyof the more Eafternly Seas, faith .
It had been counted a /mail matter , that men /wallowed
fi^hcle Seas into their throats , if both men and ^omen alfo
did not Up ear them up and down upon their hanis , ears,
heads ^ and all parts of the Sody, But it is well known
to us, that precious Stones and Pearls , are very of-
ten found alio in the Wcftern Seas, and hee tell's us,
they were frequently found in antient time. More-
over ( faith hee J It is certain that in Britain th(y are
produced , thou^j Jmall and ill colored ( as wee all fee at
this day) forafmuch as Julius Cxfat ft^ould haVe it un-
der food , that the breaf -plate Ti?hich hee confer ated to Ve- M
pus in her Temple y ft^as made ofSritif? Vearl. Yea, it
^Jnjulio.ca. is written by many, and teiiified by ^ Suetonius ^th2Lt
H^G^cIw-' ^^fi^ ^^"^- ^^ f^^rif^w in hope of Pearls. It is obvi-
dcn. in Bri- ous thcrefor? to cvery man , that the gain of fiich a
^""^^'^^''2 ^'^o'^g^ i"^^ Britain , may bee lefsned , and that the •
abundance either of Pearls themfclvs , or of thoft
fliell^fifhes , which produce them , may through a
promif-
OvpnerJhipoftheSea. Chap. XXII. 14^
promifcuous and common ufc of the Sea, bee dimi-
nifhed in any Sea whatfoever. Where then is that
incxhauftible abundance of Commodities in the fea,
which cannot bee impaired ? There is truly thefamc
reafon alfo, touching every kinde of Fifhing. But
what need many words about this Matter.^ Do wee
not at this day finde it preffed home to the utmofl:
every where by Lawyers, cfpecially thofeof the Em-
pire ? and was it not a thoufand times faid of old
when the ^mane Empire was in its prime, * that '^L.^.ff.m.
Gefar is Lord of the iphole mrld^ Thus Ovid , accor* 1^,^!^"*
ding to the Romane cultom, laith j es c.
^ Gentihu4 eH aliis teUusdata limite certo : (FafiorMm,
Romans Jpatium e({ urbts ^ orbis idem, Hh.z.
m, ott)et states! Dat^e %\\m& to tgett
(!5;onrtti:
Rome ano tt)e VoQiXiiy ttat^ebut one common
ilBotmD.
The Sea (I fuppofe ) is not more incxhauftible then
the whole world. That is very much inferior to
this , as a part is to the whok , in greatnefs and
plenty. And therefore a Dominion of the Sea is not
to bee oppofed upon this accompt , unlefs alfo wee
in like manner affirm, that not onely that laying of
the Emperor's Dominion over the world is mani« .
feftly fair, (as it muft bee) but alfo contrary to na*
tural reifon it (elf, becauf of the worlds extraordina,
ry greatnefs and abundance. Therefore they are more
juftihable in their Opinion, who , as they fay, that ^ » ^^
the Koman Emperor, according to the antient Law, fbtander Ju-
is Lord of the World or Land, (that is to (ay, a large '^J^^"'^^'
part of it) fo alfo ^ they would have him to bee i^.^e^&a
Lord of the Sea. Not
14-4- Book I. Of the Dominion, or,
Nor is there any difficulty in that exprefsion of
the Emperor Ajitonmia , wherein hcc calls himftlf
Lord of the World, but the Law fas 'tis common-
ly underftood) Lady of the Sea; which (if it were
^LD^pe- granted that his Anfwer ought ^ To to bee underftood)
Cat109.ff.ad S 1 /- -r 1 1 • 1 I 1 /»>,
legem Rkodi' QOth lignihe no Other thing, then that the (^hodian
^'"- Laws, where they did not thwart the Row^^zf^ were
fo far in force about Sea-affairs , that ( however hce
were Moderator and Lord of both ) hee would by
no means determin ought contrary to thole Laws
If'^/Tf''' ^y ^"y l^cfcript of his own. M/cw/w^, and other very
5. Learned men alfo, make almoft the fame interpr^ati-
on : But concerning that Anfwer of Antonium , [
Mn the 25 fhall add more ^by and by. So that it feem's the
Chapter. Auticuts, in that fo often repeated fpecch, concerning
univerfal Dominion, conceived the Komane Empire to
bee no lefs or narrower , then it is reprcftnted by fe-
tronm Arbiter , who let's forth the matter in thefe
words ;
Orb em jam totum ViBor Komanm habehat,
Qua Mare, qudTerr<je^ cjuaSiduscurritutrum^m.
XDe Romane Contftct tl^eu tDe flJO^lU,
©otD ^ea ano nano oiD ftbap,
1 Emcriu saujerefoe'te t^e iS^m. travel's bp xiiQ%
apd Gml £^i tBe hixQ^t ^m bp bap.
"Thisterr. And ^ the Ancient Infcription in honor of Augujlm
P^nt^'tl ''"^^^'' ^^^' ^^^^^ MARl ET TF-RRA PACATO,
of v/ar/i^ lANO CLUSO, &c- Veace beemg rejlored to the Ti^orld
v/a$ (hue in hy Sea and Land, bee flout up the ™ Temple of Janus -^ ac*
pcace.° cording to which fenf it is recorded alfo by " Hifto-
n Suetonius rians, that hee flmt Janus his Temple three times, having
i'lf^T"' M''"^ ^^^^^ h ^^^ and Land i whereby they would
have
i
Orpnerjhip o/the Sea.CuAV.XKlll. i±f
have us to undcrftand ( the verie fame thing which
wee have proved more fully before) that the Seas
were comprehended as well as the Land , within
the huge Bodie of the ^^mane Empire.
^n jlnfvper to fuch Te/iimonies as have fain
from Writers treating of other fubjec5ls,
and vphich are ufually alleged againjl Do^
minion of the Sea.
Chap, XXI IL
JT remain's in the next place , that wee confider of
what validitiechecontrarie Opinions of Writers are
whereof wee formerly made mention. As co what
concern's thofe Paflages of the Poets , Tlautm and
^hmcides ; it is clear in ^lautus, that the lewd flave
Trachalio wa& but in jeft with Gripus the Fifhcrman :
Hee faith in general, that the Sea is common to all,
which fignifieth a Sea that never was poflTefTed,
as well as that which is necefTarily and naturally
common j and in that place, that, rather then this.
Wherefore it may bee underftood , that Fifhing
was common or not yet appropriated 5 that, is, that
the people either of ^me or Greece^ had fuch a
Dominion over any kinde of Sea (for , by what
hath been alreadie mentioned , it appear's both of
them had a Dominion over fom Sea before ^lautus
his time) that either of them might ufe their re-
fpedivc Seas at their dwn pleafure, in hindring
others from failing through them , and removing
liich impediments of Trade and Commerce as fhould
happen therein : And yet that hitherto they had
y pro-
1^6 Book I. Of the Dominion^ or,
prohibited no man frona fifhing in that Sea (menti-
oned by flautus and ^bmicides) in fuch a roaoner, but
that the ufe of it might remain common either
to Natives or Neighbors , as the ufe of a ground
for feeding of Cattci j though there may indeed bee a J
. particular Owner in pofleTsion, reftrving the other 1
Commodities of it to himfelf , as it often come's to
pais. But afterwards alfo, efpecialiy in the Eaflem
Empire , or among the Greeks , it is clear out of
what Wee have alrcadie fhewn you , that a peculiar
Right of Sea-fifliing hath paflcd into the hands of
private perfons , as well as of Princes : So that fuch
Exprefsions as ihefe beeing applied againft private
Dominioa of the Sea , foon vaniQi and com to no-
thing.
As to that paflTage out of OVti, dtud prohibetis aqudsi
mt^V UO Vtt tolJiO ttjater ^ $C* (then which no.
thing is more uiual in Difputes about this matter)
- it is not fo much an Aflertion of the communitic
of waters ^ as a vehement and hyperbolical reproof j
of the inhumanitic of that ruftick Rout in Lycia.
Latona beeing thirftie and wearie, asked for a draught
of water ; and that out of a Lake. The barbarous
people denie her ^ arid therefore fhee moft defervcd-
ly reproves them. But fliee doth it not more ear-
neftly , then ^mpelifca in * Tlautus did merrily, to
iinRudcntc, Sceparnio a (lave that denied her water;
Cur tu (inquit Ampelifca) a(imm gra^are amahoy qmrn
hbjiis hojii commodat ?
m^V (faith Ampelifca) m tl)0tt fO lOtt) tO Ut
mtc ^m mttty iDDtct) one fixmm
For, wbatfofevcr may bee afforded or communicated
without
Ovpner/hip of the Sea* Chap.XXIIL X^J
without prejudice of the Owner ^ hee is concerned
many tiroes in humanitie to impart ic to a meer
ftranger that askcth him. For , the word HoUis in
that place fignifie's a Stranger , as wee often finde
among the ^ Antients ; And it appear's alfo by the ^ Fefus in
queftion of Sceparnio ^ whereby hee jeer's the ^^iv^^f^*
wench, OffcMh. I.
Cur tu (aic ille) operant graVare mihi, quam ciyis
ciVt commodat i
OTD? (faith hee) tioft tljou ticHfe mee tljat l)clp,
one €\t\it\i aftojo's anotDer ^
Here heeoppofeth CtU:^n to Stranger, From the fame
Office of humanitie thofe particulars are derived,,
as not to deme rummg Water -^ to fujfer one Fire^ or one
Candle to light another; and other things 6i that na-
ture, which are profitable to the Receiver, and not
troubicfbm to him that give's or permit's the Favor.
And upon this Rule of Moralitie onely, which is
the Rule of Charitie, arc thofe demands both of
Latona and Am^elifca grounded. They denie not the
private Dominion of waters : Neither Latona of the
Lake (whofe private Dominion is confefs'c by all )
nor ^mpelifca of the Well , from whence (hee de-
manded water for the Prieft of Venu^, Moreover,
thofe words of Latona are fpoken concerning a Lake
of little water 5 as Ovid fheweth in that place,
Forte lacum mediocris aqua proj^exit in imis
©p Chance a irt tie aafee (t)ee uiD efpie,
WDtcQ m tt)e Halltejg far beneatOHtii lie.
And after (hee had faid that (hee came to claim a
publick gift, fliec add's,
V ^ ^
14.8 BookL Of the "Dominion^ or,
Qj4d tamen ut detis, fupplex peto.^
lib.
Ml)ici) nottbitbftaniims 3} Dumblpbeg pon
ttwulDbeftott).
Nothing in that place oppofeth a Donninion of the
waters, more then of any other things whatfoever,
whereto that faying of Binm may have relation,
t Cic.de Offic. ^ ^htlo m'tnus ipft lucet, quum Hit accoiderit^
^\s ott)n am is not tt)e Itis, iDDen t)ee DatD
letitltst)ttoanott)er.
And 2s Cicero tell's us, all things of the fame kindc
fcem conunon to men. Which communitie not-
withftanding derogate's nothing at all from the Do-
minion here in Qucftion . unlefs any will bee Co
unadvifed as to affirm , that the Laws of friendfhip
(wherein Philofopheis fay all things arc common)
with thofe of Charitie and Liberalitie, may overthrow
private Dominion.
Nor is there any more weight in that which is
obje(5ted out of VirgiL What is this to the purpoft >
Virgd^ or llmeus fpeaking of the Tyrrhen Sea, faid.
That the Ti?ater is open to all. Ergb^ by Law the water
muft lie open at all times to all msn. A verie trifling
Argument ! There was no Land that was omitted
in the firft diftribution of things, which did not re-
main open to all, before it came under particular
poflcfiion. But in that paflagc of Virgil, there is
no demand made of Right , but oncly an Office of
humanitic requeftcd from the King ot Latium, Yea,
and a promils made of recompence, faying,-
Kon
Owner/hip of the Sed.Cn A?. KKllL iz^9
tion ertmus regm indecores^ nee Vejlra feretur ^miliLj,
Fama levis, tantique abolefcet gratia faclL
mtni not uifgrace ?ottt3Realin,no? lisDtlp fee
pour jf ame, ariD fo great courteQe forget
Therefore in the Poets fcnf, the benefit was to bee
received and acknowledged from the grace and
favor of the Prince , not claimed by any Law of
nature common to all. Yea, wee know that in
many places an excile or paiment is made fomtimes for
the very ufc of water. As among the Hollanders they
have in Delph-lani a Cuftom called fus Gruu ; which
hath ever been under the care of thofc Officers
called in Latine ^ Comites flumarii , in Dutch , p/^^^/jf
f^lttVniSraftCtt, and whereby the Beer brewers (as or officers
* Hadrianu4 Junius tell's us) are bound to pay them ^/ ^^^.^!^*"
the hundreth part for the uft of water. Other in- phcc is ti
fiances there are to bee found of the (ame nature, ^^e that
Laftly, as to that faying of the Jewijh %Mins fouiberiiot
concerning Alexander, it fliew's onely they Were of tranfporcci
Opinion that Jlexander had not gotten a Dominion e^/^'^Hi/for»
over the Sea. They do not fay at all, that hce could Bau.19,
not lawfully get it ; nor truly could they fay it with-
out grofs indifcretion , unlels they would renounce
their own Right (which wee have alreadic mentio-
ned out of their determinations) in the great or
Thanician Sea. And whatfoever thofe Rabbins may
lightly fay of Alexander-^ yet truly R^v/W ^ Jofephus a ^jZ[ll%.
Jew , and (if wee may believ himfelf ) the mofl: ^-ca^. 27.
eminent Lawyer of his time among the Jews, call's
the Emperor Vejpaftan , Lord both of Sea and Land.
And 5 Julian faith, that Alexander afpired after an s o^r.?.
Empire by Sea as well as by Land : which hath been
mentioned alfo by ^Seneca. "" ^^"''''''
V 3 But
ijo Book I. Of the Vommion, or,
But all tbefe Objedions are brought out of Writers
treating of other matters , which ought alfo to bee
confider'd. And therefore in the laft place, let us take
fuch opinions of the Lawyers into confidcration, as
are oppofed againft it,
Q^n Anjvper to the ObjeB'tcns taken out of
Ancient Lawyers.
o
Chap. XXlV.
F thofe Lawyers that are of the contraric opi-
nion, (bm are antient, fom modern. If wee
look into the moft notable Teftimonies of the An-
cients, this onely is to bee colleded from them touch-
ing the Communitie of the Sea, that fom of the moft
eminent were indeed of Opinion , that by the Law
natural and of Nations the Sea is perpetually and ne-
ceffarily common to all men. which neverthelcfs,
moft clearly appear's to bee Tar otherwift , if a dili-
gent furvey bee made of the Laws and Cuftoms , ei-
ther Civil or Intervenient, of moft Ages and Nations .
As wee have verie abundantly- proved in what hath
been alreadie fliewn you. And that not onely out of
a v'li^ Gaf- the moft approved Hiftorians (whereof there is veric
?f- ^""^" oftentimes moft ufe, in learching out the moft
imiTihutio' common Cuftoms of Nations , and other things re-
nibu$,ca^.2o. lating to the Laws themfelvs^) but alfo out. of the
feqV^" verie Leagues ot InterVenient Law of divers NationSj
yea, and other Lawyers of no lefs note, togethei
with the principal Edicts in the Eaftern Empire
bcfides , manie other, from whence any one may
eafily learn what, according to the Natural femifiye
Law J ought to bee determined in this matter.
Som
Ovpnerjhip of the Sea. Chap. XXtV. i^t
Sbm of the Anticnts have been of Opinion , that
according to the Law Natural or of Nations , it is
lawftil to hunt and hauk in another man's ^ wood b L.^.fde
or Ground , and to Fifli in another man's Pond or ''^^'^- j^^^-
Lake, much more in a River, except it were pro- derer.divif.
hibited by the Owner in pofsefsion. Thefe things^ iFeuigim
faith ' Cujacius yft>ere fo determined hy the prudent Romans, j^uriar. 12,
,who adhered moH to the Law of TSlations. ^ut Cujlom fdeinjnriis
hath nou? oyer-ruled the Law of Nations , fo that it is not I'ni'r
lawful to fif^fo ^wh as in a fuhlick 5(fVfr, nor to hunt Ub-^.cap. 2,
or hauk freely in the Fields. And faith the fame^Au- ^ff^J%\
tor in another place; The Exchequer is to bee juflifitd RigMus,
onely by Cujlom , in laying claim to the Fijheries ^ in a fri-
yate manner^ contrarii to the Law of Nations. Whereas
nocwithftanding , in the Feudal Laws, the Revenues
of Fiflieries are counted among the Regalia or
Royalties of the Prince ; and reckoned by learned
men among the Anticnts belonging to the I ^mane « Quid fan-»
Exchequer or Treafuric , who cite Ulfian himfeU droU variar,
for a witneft* For, hee among the publick Cuftoms q^,'fjj^^^
or Revenues numbreth the Revenues ^ 'Pi/f4rwr«w (as lib.^.caf*^.
Com would have it read) of Fifheries- Others in- ^\J7^' ^
ftead of it put ficariarum ^itV^itS , for thoic
places from whence Pitch is digged* Surely , even
8 Ulfian himfelf reckon's FiCh ponds among thofe
things that 'are liable to aflcrfments* But howfoever tude cenji-'
the later Cuftoms of Nations have fubvertcd or over* ^^'
ruled that more antient Law of Fifhing, Hunting,
and fouling freely, whether it were the Law natur^
(as they term'd it) or of nations j as fufficiently ap-
peals by the ^ Law of thofe places which they call \^fj,til^'
Medkem traci. de venatione &c. EdiH. & confuetud. de Aquis ,& Foreifis Galliarum j
collea.^er Sand)onmn, AndreamGaill.-praa. Obfervat.lib.2, 67. Matth. Stefhani de Jurif-^
dinionc, lib. 2. fart i . f<7p. 7, $, 43 ;. & ejujmodi alios d< Venationis Jurein imferio Hom»"'
n6-Gerdianico,c^c- vr.ri ,i
ForeUs .
ijx Book I. Of the Dominion, or,
Forejls D0 KJUlltJt l)9t)n0 or Samum ferinum^ and of
Rivers, as it is varioufly cftablifhcd in feveral
Countries. And Co without any prohibition of
the Owner in Pofle(sion, that antient Freedom hath
been abrogated many Ages fince by mod received
Cuftom : which may bee faid in Hke manner of the
Sea, whatfocver thofe Antients and their Followers
have written to the contrarie.
Moreover , the Emperor Leo hath (as wee have
{hewn you) exprelsly declared by Edid, that the
antient Right concerning a nCceflaric communitie of
the Sea , was not without injuftice pretended in the
Eajiern Empire. Wherefore Michael Attaliates truly did
ill, and fo hath any other Lawyer of the Eaft (if any
there bee) fince the daies of Leo, that hath oppofed
its private Dominion. Nor indeed hath that emi-
nent man dealt any better, who writes that Leo
made a change againft reafon of Law. And here,
e(pecial care muft bee .taken to avoid that which
fom have prefiimed to affirm , touching thofe moft
excellent Books of J«/?ww?i, which make up an entire
} Aihetkus Bodie of the antient Law • * Ihat the Law pre-
Jure Belli, I, firihed in thofe Sooks is not the Law onely of a Citie, hut
Lfrff.j. ev«i of Nations and nature; and that the ^hole is fo fitted
unto nature, that after the Empire was extind, though
the Law tt^as a long time buried; yet it roje again, and
^read it (elf through all the Ttforld. And therefore that
it concerns efVen Princes , dthough it li>as framed by Ju-
ftinian for private per/ons. As if the law natural and of
Nations were to bee derived onely out of thofe
Books. For, not to mention^ how that not onely
very many Decrees, and Cuftome's introduced in
the ^(omane-Germane Empire it (df and other places
abroad « have extremly alter'd many things conteined
■■'^ ' "' ' . " in
Oi^nerjhip oftheSea.QuA^.XXW. 15 j
in thofe Books ; but alfo that wee finde divers ^gregor.
Kings both of ^ Spain and ^ France have fom- ^''^^^ '"
times heretofore prohibited the ufe of thenn in ti/.^j.l'.^'
any kinde within their Courts of Juftice ,• there arc ^zevedoad
truly fom things in the very Law of the Nations \^ubrk uu^
of Eurofi (who recciv thofe Books, and that upon Deiaslcye?;
very good ground, both into their Schools and li^^llIaZ
Courts, fo far as the particular Laws of their //^.2.^.15.
Kingdoms will permit) 1 mean in their Law Com- ^ Vt^"!
mon, or Intervcnient, which are not grounded at all Ub.i.caf.H.
upon the Law of JuJiimaUj but have had their origi- ^^I^^GuH.
nal frona Cuftoms quite contrarie thereto. Prifoners Froxm. ai
of war are not now made (laves, nor are the Laws ^'^^^- '«
concerning captivitie or ^B^mttter upon return from ca.
Captivitie, touching the "^ perfbns of men ^ in any ufe "" ^^^^'"^
at all , which notwithftanding take up .a Title in J^'^r^J y^.
the Di^eTls. Ships driven by wrack upon a Shore ^4^- Confuit.
do by the " Law of Jujlinian (which is confirmed jr7/.s«^rc«
alfo in the ° %oman^Germau Empire) belong cither to deLegtbuf,
the former Owners, or as things relinquifhed and tV''^''^'
unpofTefTed, to the firfl Finders j nor doth the Ex- Naufra'giis,
chequer interpofe any Claim, whereas neverthelefs, ^^-^-f^^-f
1- 1 T r 1- VT • • • deIncendio&
according to the Law or divers Nations, intervcnient /.2i.§,i/.
to themfclvs and their Neighbors, it bee moft certain, ^it. de acquir.
that thofe Ships arc veiy ofccn confifcaced according JLtne^' ^^^'
to the varietic of Cuftom : As among -the E?igliJ]?, <> Frederic 2,
the P Sritains , ^ Sicilians , fom ' Borderers upon the !" '^f/"'"
Shores of Italie, and others. And alchough it bee giayC^con-
accounted crueltie by fom to perfue profit upon (b ^l^'^'^^'Hy
fad an occafion , as it was alfo by the ^ Emperor , Captaulm,
cap. I r 8.
P BertTand.Argentr£fu in Confuet.Brit.Art.'^ 6. $.45. q Choppnm de Voma?iio,lib. i.f/7. 15.
§. 10. r Luc. dePenna ad C-tit. deNaufrag. Matth. de AfpCu inConf. Neaplit. lib.
j.confuet.%9.vide (jarJiamMcjirillum ds Magiftratibuf,lib. ^.caf. lo. <J. 393. <^ Andr.
Gail, ^raVuc. Objervat, lib. i . «p. 1 8 . BodinJe Kefub, l,u ca*>. 1 o. StaU Kom£ Vrlis. 1. 2,
ftfp.85.
X cither
ijj. Book I. Of the Dominion^ OY^
cither ConHantine or ^ntonims ^ who made a Law
thereupon ; yea, and though befides the Decree of
t Sub' Alex, the Lateran CounccL the Bull ' Cg?/2^ Domini do blaft
mmka^h^' ^^^^^ ^^^^Y Y^^^ With Excommunication that plunder
extr.titdi the goods of fuch as fuffer Shipwrack, in "any Sea,
^T7blh'' "P°^ ^^y pretence of Law or Cuftom whatfoevcr ;
m£iii vgoii- yet the Cuflom of confifcation in this ca(e derived
nusdcCen^ not its Original fronn the rude and barbarous Ages,
fci\tjerv[i- but it flowed firft from the moft antient Maricim
us,^aru2. Laws of the ^hoSans (which were in ufe among
^"^"^' the Grecians in their flourifliing condition) as (hall bee
fliewn by and by, and from thence was received by
divers Princes, Alfo, fiifhen the 'Emperors Ambajjador ,
as SoJ/w faith , made complaint before Henric the fecond
t\ing o/^ France, that two Ships heeing driven a Shore were
fei;^ed by one Jordanes Urfinus, and demanded a rejlitution
of them ; Annas of Monmorancie Majler of the Horf
made Anfwer , that all things "^hich had been cajl ufon
Shore y did by the Law of all l^tims belong to fuch
Princes a^ have commanded the Shores. So far hath Cu^om
taken place in this particular , that Andraeas Doria did
not fo much as complain about thofe Ships that Ti^ere cajl
■upon the French Shore ^ and made pri:^ by the Admiral of
France, So far hee. In hke manner. Whales and other
Fifli of extraordinarie bignefs, do not, according
cMo^dI ^^ ^^^ known Law of England, ^ fortugal^ and other
cif.Lufitan, Nations^ belong to him that firft feizeth them, but
fart.2.^2. either to the Exchequer, or (which is all one) to
fuch as the Prince fliall grant a Royaltie of that
nature.
Other inftances might bee brought , fufficiently to
fhew that the Law natural and of Nations is not
wholly to bee drawn out of fuch Decrees or Dc-
iC|:minations as arc found in thp Books of Jujlinian -^
And
0'wner/hipoftheSea.CHA?.XX[V. t^f
And fo that what is there infcrtcd touching a Com-
munitie oF the Sea, doth not in any wile dinriinilTi
the AutOTicie of the received Cuftoms of fo many
Ages and Nations. But it is to bee obferved , that
the Sea is (aid in thofe Books to bee common^
as the Aer, and as wildc Beafts are common. As
if indeed the neighboring Aer it iclf could not pafs
into private Dominion , as well as a River that is
poffels'c, and wilde Beads that arc taken. More-
over, thofe Anticnts do ordinarily conjoin a com-
munitie of Shores and Ports, not unhke to that
which they teach of the Sea : As if the very reaibn
of the Dominion of Ports and Shores, as they be-
longed cither to the people o((^me^ or (which is all [^ct.c^'at.
one here) to the Prince himfelf, were not manifefily pobge Ma-
drawn, as wee have exprefsly fhewn alrcadie out of ^^^^^^J-^^'
^ Celjus, from the Impofts and Cuftoms which are frc- Ef.62Us. '
qucnt enough both in the Shores and ^ Pons of the ro- ^^^^'"^ ^'^'
man Empire, and in the Books of * J«/?«'/iwn (as in ml obiter.
many other places.) For,as the ''paiment of chat Tribute ^^^idePub-
which is called Solarium a Solo, and thence by the ^uud^m-
Greek Lawyers ' S^Acte^ov, for an houf that is built ^'gaiibuiin
upon the ground of the Common- weal or the bL.i.c.//f.
publick ground, was a fufficient Argumcfnt that the dedwerfu
Common-weal or the Prince was Lord of the ^^i^^'^^f^/;
Soil ; fo indeed alfo the Cuftom paid for the ufe pribus pb-
of Ports, manifefted that there was the (amc'kinde fi^y;^'
oi Dominion over Them. Alfo, Ports themfclvs ;yJJ^5 8.^^
are righdy fuppofed to bee a part even of the f-^^^-uteii-
Continent, as appears in "^ another place. More- thneini.i^.
over alfo, Jufiinian appropriated the Hellespont to fut.^ijQ-
himfelf in (uch a manner, that hee would not permit J^"^/"^'^"
Merchants and Sea.men to enjoy a freedom of that Sea «^l i ^r^pr,
and the Ports, but at an extraordinarie rate, if wee f^'^'^'^^^^^
X z may
156 Book I. Of the Vominion, or>
« In ArcanB may bclicv ' Trocopius , who was his comtcmporaric
HiftoriB, ^j^j ^^Qt^ jjjj Affairs.
M*^^^' j^^j. jjj jj^gy imagine there was any diflfercncx
becwixc the Donainion of the Sea, and that over the
Land or People , who about 400 years fincc put this
Infcription upon the Monunnent of the Empe-
f Georg. jor ^ Frederick the (ccond,
^ualtherui
in Tabulis /t\ i n-
antiq. Ski- Q,ui Mare, qm Terras, Topulos, ^ Regmfuhegtt^
lUj&c.fag.
To wit, in the Cathedral Church of Palermo, in which
place notwithftanding, the Imperial Law flourifhcd
at that time J as well as in the reft of the Roman- Ger-
mm Empire. The fum of all is , that thofe antient
Lawyers do deliver many things carclefsly touch-
ing this matter , not onely fuch as thwart the mofl
received Cuftoms of Nations through almoft all
Ages , but fuch alfo as do fufficiently contradict one
another ; cfpccially, whilft they join the Shore ic
fclf, and confequendy the Ports together, as k-l
were in an equal ftatc of Communitie. So that they
are equally refuted as well by their own indifcrction,
9s by the Autoiitic of others.
Oi»nerfhip of the Sea. Chap. XXV. 157
Touching the Emperor Antoninus his Anf^er^
that himfelf was Soveraign of the
world ^ but the Law (^as 't'u commorhly
tranjlated') of the St2i y in L/Deprecatio^
f. tit. de Lege%hodia. The true mean-
ing of the Jaid /injrper y and a new,
hut genuine Expcfition of it. Alfo^
that it comprehends nothing Ji^hich may
in any mfe oppofe a Dominion of the
Sea.
Chap. XXV.
BUt feeing that among thofe particulars, which
arc ufually drawn out of Ancient Lawyers,
agamft Dominion of the Sa , that Anfwcr of the
Emperor Antoninus to Eudamon feveral times before-
mentioned, is of lo principal an account ; therefore it
feem'd meet to treat of it apart by it felf, and fearch
into the genuine fenf thereof j concerning which,
whofoever fliall look into the whole matter with
a litdc more care then ordinarie, will I fuppofe bee
veiy well fatisfied, not onely that moft Interpreters
have hitherto been wholly ignorant thereof, but
alio that it in no wife contradid's a Dominion of
the Sea.
Euddtmon having been Shipwrack't at Sea, had pe-
titioned the Emperor , for a reftitution of thofe
wrack't goods that had been fcized by the Receivers
of his Cuftoros. The words, according to* Volufius iL.9.d^laf{t
IMimams who was one of the Emperor's Privic ^f^^^f'
X 3 Coun-
158
*Th«feIfle8
are pare of
thofe that
lie in the
Archiplago.
h C
af. 2.
onumJib-2i
BookL Of the Dominion^ or,
Counccllors, aie thefe •, K^e^e BotJi^gu Avrccn\t • xaxxp^.
yiov TtoiyKTcLvTii C/P m IraXicc , S\inprKcLyv\iULiv otto tccv
'h\/jLoai.cc¥ rcov rag KuK/\gL3)x.i viicrb's oiK^vrccv . 0 Etnperor
Antoninus , our Lord ; "^ee having made Shipwrack,
have been Ipoiled of all by thofe Receivers of the Cujloms
that inhabit the * Cydades Iflands, Hee received an
Anfwcr from the Emperor j pointed for the mod part af-
ter this manner^ in the printed Books. Eyo) ^Iv rS xo-
ajuM Kv^@^ ^ 0 S^ vGfjtog Ting %iXcLojyjg , to; \'v/j.(j> rJjf
Po&i' x.p/vlodzd rci) voLvriKO) , C4> oig /uLy\ rig rcov ^^g7£-
ccav oLvr(j> vo^og ivavriVron • ryro ^ ccvro Cc o Jkiorarog
Avyy<rog iKf>iviv. Which is ufiially thus tranflatedj
I indeed am SoVeraign of the "^orld ^ hnt the Law, of
the Sea. Let it bee detennined by the Rhodian Law
yphich is prefcrtbed for the regulation of Sea- affairs , fi
far as it is not oppofed by any of our Laws. For^ the
Emperor Auguftus alfo Ti?as of this Opinion. There ne-
ver was any Controvcrfic about the reading or Tran-
flation of this Anfwer, unlefs it were in thofe
words , 0 si vo/Aog Tvi$ %LXaLoj7ig, whereto anfwercth,
hut the Law of the Sea with a period or full point
after it ; as for the moft part it is taken , and as
wee have according to the received trapflation re-
lated it ^ alreadie in the Objedtions. Of thofe that
would have it fo rendred , there have been not a
few who were of Opinion, tbat from the Mver-
fative si autem is implied, that the Emperor an-
fwer'd that hirafelf indeed was Lord of the reft of
the world, but not of the Sea ; and that the Law
onely, not any man was Lord of this, ^ndr^eas
"^ciatus faith 5 Whereas it is faid, I indeed am lord
of the Tiporld , but the l(^ of the ^ea 5 fom French
VoBors "^ere of Opinion becauf of that Adverfative, that
a SoVcraigntic of the Sea did not appertain unto the Em-
perors,
Ovpnerjhipofthe Sea.Qnw.^'KV. 155;
perors. But hee add's ., "Vphich truly is yery ridkukm :
Althouj}) ^ Bald us and * Jafon conceived for this rea/m, a in iuh.de
that thi Venetians i>fre not /ubjeB to the Roman Em- ^^^- ^'^'T.
pire, ^ut the /enf of this Law is this (to wit, chat Sea- jureff. ut^dc
affairs were to bee determined by the ^:>oiian Law, 7«/^^^^-
as hee dedarc's a little before.) For, feeing the Emperor
is Lord of the "^orld , furely , not the Land mely But the
Sea alfoj ought to fuhmit to his Laws , arid hee to appoint
Laws threin : though notwithjlanding hee do not determine
matters by his own Law in the Sea^ hut hy the Rhodian
Law y ttfhich Ti^M hy him approved. Under/land therefore^
'U^hen it is faid ^ I am Lord of the world, kcauf 1 go-
vern the ttforld according to my own Law, But the Law,
fuppofe the Rhodian LaW'^ of the Sea; hecaujhy ityju-
Jiice is admimfired upon the ^ea. Add hereunto , that this
Particle Si, that is, Autem, is not fo oppofed^ that it al-
"ti^aies excludes ft^hat goeth before. And therefore ^Icia-
tus alfo readreth it thus , ^ut the Law of the Sea , by
Hfhich Law of the Rhodians concerning TSlaVigation, let it
hee determined, ^c. And therefore truly, ic is upon
exceeding good ground that hee call's their opinion
very ridiculous, who would have it hence con-
cluded, that a Dominion of the Sea did not belong
unto the Emperors. For , fuppofe the Emperor did
anfwer fb, as it is commonly rendrcd. Doth hee there-
fore deny himfelf a Dominion of the Sea , becauf
hee affirmj^the Law to have Dominion at Sea ?
was hee n^in the mean time Soveraign Lord and
Arbitrator of the world (as hee implied indeed by
his Anfwer) and (b al(b of the Law? whatfocver
hee pleafed, was ^Law. Therefore to fay, that any ^,^*,^£'^'
thing which the Law had Dominion over, was not Frmapum.
alfo under the Emperor's Dominion (to whom the
Law it fclf was fubje<a) is fo abfurd, as nothing can
bee more. Others
1^0 Book I. Of the Dominion, or.
Others there are that render the fenf of the words
after this manner. Although I my /elf bee Lord and
Emperor of the T^orld, and fo ^ free from all Laws^ nor
hound by any ^le to ^ive any account to my SuhjeBs , yet
notwlthjlanding the Law [hall hee Emfrefs and Qjieen at
Sw, that ii , it fhall hear [way by Sea , in fuch Cafes as
have fain out at Sea , fence it concerns Sea affairs , nor
Jhall my Exchequer hee advanced by the lofs of my Sub-»
jeSls , but Juftice ought to bee equally adminifered between
the Exchequer and private perfons ^ and therefore the Ex-
chequer pall bee liable to give an account^ So faith, Fran-
s Ohfervat, cifcu4 de ^ ^wdj^, Advocate in the King's Court ofEx-
S^'/ V chequer within the Kingdom of Granada. So you
fee, here is not the leafl Track admitted of a denial
of Sea- Dominion.
Som alfb there are, who would have the mean-
ing bee , that Antoninus fliould exprefsly fay that hcc
himfelf was as well the Law of the Sea , as Lord
of the world. 1 indeed am Lord of the ^orld , and I
am alfo the Law of the Sea. So Joannes Igneus: And
in cufidine, fom ^ Others there are that inchne this way : with
Jurij^.ca^.g, vvhofe Opinion if wee fhall concur, wee mufl needs
T^dZay. confefs alfo , that the Emperor did fufficiently at-
am, in loco tribute the very Dominion of the Sea unto himfclfl
"m'ceiian ^^^ ' Sa?nuel fetity^, very learned Frenchman faith,'
lib.^ cafAi, Antoninus doth not deny himfelf to bee Lord of the Sea^
that hee cannot give Law and do JuUice^ thofe yvhich
deal upon the Sea; for ^ you 'fee his meMmg Ipas , that
^(ight fhould bee don betwixt Eudaemon and the Cujlomers
Tifhich dwelt in the Cyclades J/lands^ according to the Rho-
Jian Law ; nor doth hee fay alfo that hee is fo tied by this
Rhodian Law, that hee can by no means relieV Eudaemon
againfl this Law, if any injurie bee don him^ but his mean--
ing is , that Eudxmon fhould have ^ight don him accord-
ing
Omierjloip of the i'e'^.CnAP.XXV» iHi
ing to this Law, hut yet fo tlmt this do not thwart any of the
Koman Laws, Thus hcc incerprec's ic, though the
vulgar reading bcc rcccined • which hce would ra-
ther have to bee rejeded, and the^namc of Law to bee
put out there; Becing of opinion that the woids o Si
vQ/Aog r/^ %.Xcto^-, hut the Law of the Sea , arc cor-
rupted from 0 5^ cti€uo5 Ty)$ ?xA«.'o^yi;, hut the Ti^mde
of the Sej, As if the Emperor had faid , that hee
himfelf indeed was Lord of the Sea , but that the
5ea neverthelc(s is Co fubje^ft to the power and
alterations of windc and weather , that it was not in
his power J though Lord thereof, to prevent Ship-
wracks. Moreover alfo , Tetit correft's the Cofino-
graphieof the Petition. Hee is of opinion, that thofc
words , c^ T/J IrtcXicc in Italie , crept in through the
negligence of Tranfcribers in Head of c^ r^ ry^Xfoc
(%LAccocyi!i being underftood) in the Telian or /Egean
Sea^ which is about the Ifland Telos. What a mon-
Jlrous thing "^ere ( laith hee ) that thfe "^ho 'Q?ere ship-
Ti>racKt in the Sea upon the Coafl of Italie , (hould have
been pillaged by Publicans or CuHomers dwelling in the
Cycladcs 1 [lands f Tijhat Cofmographie is this f ^hat rela*
tion have the J^ublicaas or Cuflomers of thofe Ifles unto
Italie ^ which is moft judicioufly fpoken : For , it
appear's a manifeft error there concerning Italie. And
it is moft certain , that the Ifland Telos, whether it
bee one of the ^ Cydades or Sporades^ is To placed in
the iEgean or Levant Sea ( as wee finclc in ^ strabo, ciall^^ni'
^!P/wr>,and Stephan^^ de urhihui) that the matter hangs s^orades
well together, if wee fay that the Cuftomers of the J^^je^in ^{[^ ^
Qclades felzed upon wrack't Goods in the Telian Archipelago.
Sea, which to fay of the IttHan Sea or Shore is too ,^^?**°'
monftrous in reafon. Perhaps alfb,in that Ca'alogut 12/ "'^*
of Seas fumm'd up by yEthicuSy an anuent (Jofmo-
Y gtapher,
\6z Book I. Of the Dominion^ or,
graphcr , the Ionian and Mgem Sea , the Sea called
}dart Lautades ( which learned men fuppofe to bee
corruptly read for Leucadium) and Mare Jilla, the
Teltan Sea it felf , beeing taken out of this very Pe*
ticion , before it was corrupted , was fignified by
the name of TiSa. And thus you have in a manner
the opinion of learned men , fo far as concern's the
matter in hand, touching that Anfwcr, and the Pe-
tition of Eudemon,
For my part, I moft willingly yield my aflent
to the emendation of the Colmographie : But do
conceiv, that the antient and received reading of
the Anfwer ought not to bee alccr'd , fave onely
in the pointing. Oftentimes no regard hath been
had > nor any u(e of points in ancient Books : So
that fucceeding Generations have been puzzled now
and then with a confuhon of Syntax. But by a
very fmall alteration of them in this place (for they
m ride AU are the verv fame with thofe in the *° Books thac
"clf^sf ''^ are pubhfhed ) the fenf appear's to mee not onely
fuited to the matter of the Petition, and clear ; but
alfo plainly freed, both from that Phanfie, as if Do.
minion of the Sea were denied the Emjetor in that
place- and alfo from that fidtion there exprefly deli-
vered touching the Sea- Dominion of the Law. Nor
can I bee perfwaded , that Interpreters hitherto have
fiifficicntly hit upon the Bnpems meaning. For, what
is this to the purpofe f I indeed am Lord of the iporld,
hut the Law of the Sea, if it were fpoken of the Law
in general, certainly the Law had Dominion as well
upon the main Land, The Emperor himfelf was
Lord of every kinde of Law, even by Land as well as
by Sea ; And fb truly, the Anfwer had hitherto, con-
cerned the Petition nothing at all. If you would
under-
Ovpnerjh'tp oftheSea.CaAV.XKV. i<5j
underftand ic of the Rhodian Law , in fuch a fcnf
(as Alciatus did ) that the Emperor's meaning was .
that the Law had Dominion over the Sea, whac
then is the Confequence .^ that the matter was to bee
determined by the &h$dian Law, fo far as it was not
oppofcd by any of the Roman Laws. Whac, was the
Rhoiian Law fimply (upreme o?er the Sea , and yet
notwithftanding that high Title fubjedt to reftraint
by the Roman Laws ? Thcfe things do not cotten
well. Let it bee pointed therefore , either after this
manner- F-^J mIv ry Kotj^v Kt^g^oj. O Si vo/t^og
T/i; jDLKcLlXJT^g, Tj V0/Li'j}> rCiiH Po^'j^V KP^Vioda TW VCLV"
TiKCO , C4^ 01$ /M.T1 Tig rcaV TijUiTipCaV OLVTCi) VO^UOS hoLV-
r,5rxi, I indeed am Lord e/ the Ti>orld. ^ut of this hinde,
or this is the Law or the Cuflom of the Sea. Let it hee
determined hy the Rhodian Law concerning Navigdtion , fo
far as mne of our Laws do oppofe the fame. Or let it bee
pointed thus • eyJ /a£» tv Koaju,y K^e^o> o S\ vojuog
Tyi; ^cXciojy^g T^ ^c/jicp Tov 'Po^icov &c. I indeed am
Lord of the ItorU. Sut let that Law or that Cujlom of
the Sea bee judged or determined by the Rhodian Law
concerning ISlavigation , Jo far 04 0*c,
The Cafe was this : Eudemon ^fiaticus , bora in
Kicomedia, a Citie ofBithynia, having fufFcr'd Shipwrack
in the Telian Sea (or the jEgean^ which is about
Telos) complain's that his Goods were feizcd by the
Cuftomers of the Cyclades , petitioning the Emperor
for relief, in fuch a manner as if the Cuftorncrs
had made an advantage by his misfortune in a
moft injurious manner. Hee falutc's him with the
ftyle of Lord and Emperor. The Emperor in his
Anfvvcr readily owneth himfelf to bee a Lord, and
fo far, a Lord , that hee faith the whole Earth, yea,
and the world it felf Was comprifed within his
Y 2 Lord-
1 6^ Book L Of the Dominion^ or,
Lordfliip or Juri(3i(5tion.Thcrein alfo hee fignifie's that
it bclong's to him to rcUev PecitioBers when wrong
is don them : But as to what concern 'd the matter
of complaint , or the Petition about the wrack'c
Goods that had been feizcd by the Cuflomeis^thac
it did not fufficiently appear whether thofe Cuftomers
had don it wrongfully. Becauf ( if our former
reading , or pointing bee admitted) in general^ faith
hee, and according to Rule , the Sca-Cuftom, or that
Law of the Sea which give's wrack'c Goods to the
Cuftomers, hold's good. For, (b thefe words o Si
xofyLog Ty[c, %i\ciojyig [hut that Cujlom or that Law (tf
this kinde belong's to the Sea ] hath relation to the thing
don by the Cuftomers, as it was in brief fee
forth in the Petition. But in regard that to this Cu-
ftom or Law of the Sea, there mighty either through
fbm privilege, or becauf of the qualitie of the goods,
or fbm other Cuftom no lefs in force , certain Qua-
lifications arifc, according to circumftance, in refpc(5t
whereof perhaps cither the Cuftomers ought, in this
cafe, to have forborn medling with the goods, or
the Complainant might have a fpecial exception to
privilege his goods from Seizure ; therefore hee did
well to leav it , bceing a matter fb fuccindly and
without any addition of circumftance exprefTed in
the Petition, to bee determined by the Naval Laws
of the ^odians'^ but yet fb far oncly as the (^man
- Laws in the mean time were not contrarie thereto.
Nor doth the fcnf much differ, if the latter pointing
and tranflation bee admitted : I indeed am Lord of
the world, and the Sea as well as the Land is con-
tcined within my Jurifdidion : in both, I willingly
right tho(e that are wronged, according to Law:
But truly what the Cuftom of the Sea may bee in
this
Omier/hipoftheSea.CnAP.XXV. i6^
this cafe , and whether the Complainant ought to
bee relieved, let it bc« determined by the ^odian
Laws, which, by my permifsion, are in ufe upon the
Sea, where they are not contraric to our own. But ic
ftem's to mee not a litde conducing to a confirma-
tion of the fore- going (enf, whereby theMaritim
Law touching Wrecks and the Right of the Cufto-
mers (chat is, of the Exchequer, whofe Right is tranf-
ferrd into their hands ) is aflerted, if it fhall bee
made appear that fuch a Law or Cuftom was in
force at that time, which Interpreters are not wont
here to grant. It is indeed cenain enough according to
the Imperial Law (as wee have it now compiled in aL.3.^2i.
the Books ol Jujlmian) that "Wrecks arc referved to ft't-dead--
the former Owners , and fothat both the Exchequer ^tend.^off^jf.l
and the Cuftomers are thence excluded : Yea, and ^^fdead-
that the Cuftom whereby they are confilcated, is ^m/.i.g.
condemned by the received determinations of the &feqq'ff.
Kman-German Empire, as well as the Canon Law, ^w^^cST
as wee hinted in the former Chapter. But it is col- Naufragm,
letted by manifeft evidences , that the Law or Cu-
ftom for Confifcation of Wrecks was in force , in
the time of this Eropeior Antoninus ( I mean Antom-
nus Tm) who, as JuUus CapitolinM write's did in the
eftablifliing of this Law, make u(e of Vduftm Me-
tianm the Lawyer, out of whofe Books the Petition
and Anfwer here fpoken of was tran(cribed into
the DigeUs"*, It is clear, that almoft all thofe Paflages rihslitltt?
that wee finde in the Digefls for referving them to
the former Owners , were taken out of Tauluf ,
CalliHrattis , and Ulpian^ who lived many years Sif-
ttt this Mtonintis. There is fomwhat alio to this ^t-zi.f.tiu
purpofc out of P ^rifcus JayoUnus , who lived at the de adqm. &
fanae time with this Antoninus. But this Emperor f'^y^M-
Y J reigned
i66 Book I. Of the Daminion^ or,
reigned XXH years, aad as appears oat of Javokn^s^
hcc did by Decree mitigate the rigor of Confifcacion
in this Cafe. From which it might cafily com to
pafi, that under the fame Emperor (iich a Law and
Cuftom as wee have mentioned might bee in force,
and under the fame it might cither bee abrogated, or
the rigor of ic abated. The principal Confticution,
]^'J'^/' which, according to the ^ Book oi Jujliman, would
** ' not have the Exchequer to interpofe in this cafe, is
by Antonm Cmtm , a very eminent Lawyer, attri-
buted to the Emperor Antonma , according to the
Teftimonie of an antient Book in Manufcript ; al-
though the name of Conflantlm bee put before thofe
that are publifhed. The words are thefc ; If at any
t'me a Veffd he driven a Shore by Shipwracky or if at any
time it run aground^ it Jhall helong to the Owners. My
Exchequer Jhall not interpofe it felf, For^ Tt^hat right hath
the Exchequer by another man's misfortune, th^t it (hould
feek after profit upon jo fad an occajion ^ Yea, and Ulfun
fhew's, that fuch a kinde of Conftitution there was
alfo under Mrian, who was this mans Father by
r L, 12. f. Adoption. It is decreed ( fo faith ' illpian) that it may
//r e ncen- ^^^ lawful for tvery mm, to recover his lojfes by Ship-
Ttfrack freely-^ and thus much lfi(is ordained by the Em-
peror Antoninus , libitfc the Emperor his Father- There
are in thcfe very clear Evidences , that about that
time, there was fuch a Law or Cuftom of Confif-
f Ep/jJ.37. cation, as wee have mentioned j which wee know
odMicarium. very wcU was wont to take place often, even con-
^Aibm'sta- '"^^"^ ^^ ^^^ Autoritie of antient Decrees. For,it may bee
denfis,ami. coucluded from the Shipwrack of ValgiM^ or Vi^or^
Vrlderk^^^^^ related by ^ ^aulinus , that it was in fom ufe even
Lindebrog.in undct 7heodofiu4 the elder. There arc the like Exam-
Gioi^m, pjgj upQj^ ^j^g t 5hQfg gf j[^g (RpmmGerman Empire :
f^ .443- ^ ^ ~ , f^„j
Oxpnerjhi^ of the Sea. Chap. XXV. i6j
Aad others may bee brought, whereas notwich-
ftanding fom Laws V9tit maJe to the comrarie.
Moreover alCo , the ancient Orators, both Greek
and Latin , whilft they allege Examples about the
ftating of Queftions in pleading, do mingle this very
Law or Cullom about ^hipvYrack with ocher ufual
and antient Cuftoms in the Greek and Roman Empire,
as a thing that was very frequently received. Sopater
and " Syrianus in Hermogenem (ay ^ The Law is ^ that u "EK^fUuf»
^oils Ti^hich are found, do h long to him that is General ^^f-^^J^ol",
of the Army ; In like manner the Law is , that Wrech
do belong to the Cujlomers. In a tempeftuous ^ea, Jpiils
are brought into Tort. Hereupon artfeth a controverjie
ahout them J between the Commanie s and tee Cujlomers of
the Cufloms. Li this cafe it behove* s us not to Vex our
fehs in Vain "^ith reading of Laws , but to look into the
Very nature of things. Fv)r, in truch the Qu ition is,
whether the Goods bee novv to bee called Spoils or
Wrecks. In like manner faith, ^- Curius Fortunatianus- * ^''^'^,^*'
Ti>hat is a ftmpie definition ? "ti^hen "^ee define a particular iica ub. i.
thing ftmply. Tut cafe^ thut IV fecks do belong to the Tub- »4^-'^'-
Jicdns or CuHomers, The bodie o^ a certain man that Tb^f
loft by Shipwrack , clothes and all^ beeing driven afhore Ib^
coVer'd by the Sands. The Cujiomers came and drew it
out. Therefore they are guiltie of the violation of Sepulcre^
For here the (lueflion is fmply, f^hat tt is to violate a Sg-
Moreover , that^ Voluftus Metianus wrote that Peti-
tion and the Anfwer, appear's in Libris Tublicorum ex
Lege f^odia - that is , in his lummarie of thole
Laws which belong either to the Exc .equer or the
Cuftomers, wherein alfo is conteincd either the Law
or Cuftotn of Confifcation of Wrecks, It fuit's very
well with thefe Particulars, that in that Anfwer of
the
1 68 Book L Of the Doniimon, or,
the Emperor Antoninus thoft words , o c^ ycfA.oi r^g
JcoAao^^, fhould bee rendred , hut that Law of the ^ea
or that Cujlmi of the Sea, which hcc meant fliouldbec
{b examined and determined , according to the J^ho*
dian Law^ ^ that in the mean time, thofc ^odian
Laws fliould not bee of force , if any Refcript or
any <I^an Law were againft it. And of what Au-
toritie Adrian % Decree wax at that time (whereof
Ulfian (peak's in the places before quoted) pet-
haps it did not (ufficiently appear, no not to the
Lawyers themfelvs without a more curious exa-
mination, whofc afsiftance Antoninu$ta^Ac u(c of in his
Anlwer. But , that wee may at length dilpatch this
particular 5 no man whatlbcver, whether hec ap-
prove the common Tranflation , or mine , will (I
iuppofc ) unltfi hec renounce his own reafon,con-
cciv , upon a due confideration of the whole mat*
ter, that any denial ii made of the Dominion of
the Sea in that Anfwcr , or that the leaft Titdc can
bee found in it againil chc Dominion thereof,
oAn Anfvper to the Opinions o/^ modern
Lawyers > fo far as they oppofe a Do^
minion of the Sea ; ejpeciaUy of Fer-
nandus Vafquius, and Hugo Grotius.
Chap. XXVI.
HAving thus refuted, or upon good ground
removed fbm Opinions- of antient Lawyers,
which arc ufually alleged for the maintcining
of a perpetual Communitie of the Sea j it is no
^ " hard
Oyvner/hi^oftbeSea. Chap. XXVI. i6^
hard matter in like manner to wave the Autoritic
of thofe of later time, that oppofe a Dominion.For,
if wee confidcr the great number of thofe, who,
whechcr they comment upon the bodie of Jujlinian^
or treat apart of this particular, would not have
us to recede from that natural Communiticj wee
fliall finde plainly that they deal in the fame man-
ner, as they that have pinn'd their Faith^ more then
was meet , upon the flecv of lUpian , or fom other
fuch anticnt Autor : Unleft wee conceiv that fbm
of them did not fo much explain the Law in
this point , as recite the opinions of Lawyers, fo
far as they have been by them deliver'd : Juft in
the fame manner, as if a man fliould Co difcourf
upon MiUotks Aftronomie, or the opinion of
Thales touching the Earth's floating, like a Difh in
the Sea , and that of the Stoicks of its encompaP-
fing the Earth hke a Girdle , with that of the An-
tients concerning an extreme heat under the Equi-
noftial , and other opinions of that kinde, which
ate rejedcd and condemned, by the obftrvatioft
and experience of Pofteritie 5 that hce might feerti
not fo much to fearch into the thing it felf, as to
reprefent the perfon of the Autor , thereby to trace
out his meaning, onely for the difcovering of his
opinion. But as the root beeing cut, the Tree fall's,
fo the Autoritie of thofe antient Lawyers beeing re-
moved out of the Way, all the determinations of
the modern which are fupported by it , muft be6
extremely weakned.
Now therefore , as to what hath been former-
ly alleged out of Vermndus Fafyuius , it is grounded
upon fuch Arguments as are either manifeftly falf,
or impertinent. For, what is this to the purpofe ?
Z That
lyo Book I. Of the 'Dominion^ Qv^
That the Sea , from the hegmmng of the "^orU to this
frejmt day , is, and. ever hath been in common , whout
the kafi alteration , a^ 'tis generally knoivn. Whereas
the quite contrarie is raoft certainly known to thofe
who have had any inllght into the received Laws
and Cuftoms of Ages and Nations. That is to fay,
that by mofl: approved Law and Cuftom , fom Seas
have paired into the Dominion and parcrimonie,
both of Princes and private perlbns ; as is clearly
made manifcft out of what hath been alreadie
*mftr}um fhewn you. Moreover alfo hce * would have pre-
Controvfrf fcription to ceaf betwixt Foreigners in relation to each
li^.Vn'dV' other, and not to take place in the Law of Nations,
&v.ci.Hu- but in the CiVil onely,- lb that by his Opinion pre-
£oGro//«;/« f^jptign fhould bee of no force between thofe (asbe-
wp. 7. tween two lupreme itates or Fnnces) who are not
indifferently fubjedt to the Civil Law, which admit's
prelcription . then which not any thing can bee
faid or imagined more abfurd. Almofl: all the prin-
cipal points of the Interyenient Law of Nations, beeing
eftabliflied by long conlent of perlbns ufing them,
do depend upon prelcription or antient Cudom.
To fay nothing of thole Princes, w^hofc Terri-
tories were fubjeft heretofore to the ^man Empire,
and who afterwards became abfolute within them-
felvs, not onely by Arms, but alio by prelcription
Cwhich is every where admitted among the Laws
of Nationsj ) whence is it that Prifoners of war arc
not now made (laves among Chriftians, unlefs it
bee becauf that Cuftom began to grow out of date
b Suarez de fom Ages fincc upon a ground of ^ Chriftian bro-
Legibusyiib. (hg^hood, and by prcfcription ratified betwixt Nations.
Whence is it that the ranfbms of prifoners are to bee
paid, fom to the Princes , and fom to the Perfons
that
Owner/hipofthe Sea,(ZiiAV.^^\f\, lyi
that take them ? As for inftance, when the ranlom
is not above ten thoufand Crowns , it gee's to him
that took the Prifoner ; when it exceeds, it is to bcc
paid to the Prince, ^ecauj ( fnt\\^ TSljcolaus 'Bo'erim) ^inDedfi.
K/t exceed^ m Tl?J?en any one hath taken a Uuke^ a County ^j^^^i. ^decifi'
a 'Baron, or any other great man , then it belongs to the one 178.
Prince , and fo it is ob/erVed in the I^tngdoms of France, num.^.
England and Spain. It hath by prefcription of time been
obferVed among Frinces ; and /0 it became Law. And
truly, to deny a Title of prcfcription wholly among
Princes, is plainly to abrogate the very interyenient
Laws of Nations. As for thofe other things men-
tioned by Fafquius , concerning Charitie and the in-
cxhauftible abundance of the Sea (whereby hce
make's a difference betwixt Rivers and Seas) and
other things of the like nature > they have no rela-
tion at all to the point of Dominion j as you have
been fufficicntly told alreadie.
In the ncxc place, wee com to the other, to wit,
Hugo Grotius , a man of great learning, and ex.
traordinarie knowledg in things both Divine and
Humane; whole name is very frequent in the '
mouths of men every where , to maintein a natural
and perpetual Communitie of the Sea. Hec hath
handled that point in two Books ; in his Mare Li-
berum^ and in that excellent work Ve Jure Belli <jr pacts»
As to what concern's Mare Liberum^ tl Book that was
written againft the fortugals about trading into the
Indies through the vaft Atlantick and Southern
Ocean; it contcin's indeed fuch things as have been
delivered by antient Lawyers touching communitie
of the Sea; Yea, and diiputing for the Profits and
Interefts of his Countrie, hee draw's them into his
own partic; audio endeavor's to prove that the Sea
Z 2 is
r
lyx Book I. Of the Vominion, or,
is not capable of privnc Dominion. But hec hath
(6 warily couched this (ubjcdt w:th other things, that
whether in this hee did hit or mifs, chercft how-»
fbcver might (erv to aflert the point which hee was
to handle. Moreover, hec difcourfeth about iheTitA
of Difcoveric, and primarie occupation (pretended to
by the Tortugals) and tiat alio .which is by Donation
from the Tope. And hee feem's in a manner, cichet
fomtimes to quit that natural and perpetual Com-
munitic, which many Civil Lawyers are eager to
maintein, and hee himfcU, in order to his dcfign,
endeavored to confirm . or elf to confcfs that it can
hardly bee defended. For, concerning thofe Seas
that were inclofed by the anient Romans; the m-
iMarilik- ^^^^ ^j- j^^ g^^^ fai^h ** hie, dift/s from th Sme in
thk, that the Sea , unle/s it bee tn /om Jtnnll part of it
ftlf, k not eafily capable of Smldmg or Inclojure. Ani
put cafe it ^ere ^ yet e'ven this could hardly hee ttithout
the hindrance of common ufe. Ke^i^erthelef , tf any Jmall
part of it may bee thus poffefjed ^ it fdCs to him that enters
upon it firjl by occupation. N^w, the difference of a
Icfler and a grea cr part^ cannot take place (I lup-
pofe) in the determining of private Dominion. But
in cxprefs words hee cxcept's even a Bay or Creek
of the Sea. And a little after, faith hee, Wee do
not Jl>eak here of an In-landSea, "Ufhtch in fom places beting
flrtightnei Jifith Land meyeryfide, exceeds not the breadth
even of a ^tver , yet 'tis clear that this It^as it the Ro-
man Lawyers fj^ake of ^ 'kfhen they fit forth thofe notahk
determinations (^amfi private AVartce^ 'But tlye Q^flion^
is concerning the Ocean , Ti>hich Antt^mtie called immenfe
Infinic , the Parent or Orioind of thm^s , confining Ttfith
the Air. And afterwards hec faith, The ControVerJk
k n(fi about a freight or Greek in this Ocean , nor of fo
much
\
i
OtPnerJhtpoftheSea.CHAv.XXyi. lyj
innch ^ is "Hp'ithin View "^hen one /land's upon the fljore.
A little farther alfo , fpeaking of (Prefcription , hec
faith, * ft is to bee added , that their Autontie "kfho are of * ^^-7'
the contratie opinion , cannot bee applied to this Q^Jiion.
for, they fieak of the Mediterranean Sea^ Tbee of the Ocean.
They of a Creek or 'Say^ ^ee of the broad and "Vifide Sea^
J^hich (Rffer fvery much in the point of Occupation. And
certainly, there is no nnan but muft concciv it a very
difficult thing to poffefi the w hole Ocean : Though
if it could bee held by occupation, like a narrow Sea;
or a Creek, or as the whole world|ivas (aid to bee
poffeffcd at firft by antient Princes , it might even as
well pais into the Dominion or Ownerfhip of him
that fliould enter upon it firlt by occupation. How-
fc6ver, there have been ^ fom others, who by the fame ^>- Gry^hi-
Rule diftinguifli in like manner the inner and neigh- Zful^ diK.
boring Seas from the open ^ea or main Ocean. J. 52.
But it is by no means to bee omitted , that they,
for whofe fakes Hugo Grotim wrote that Book, that
is to iay, the States of Holland, did, not unwillingly^
but rather (as it fcems ) according to their own
hearts defire , give ear to the condemnation of that
Opinion (efpccially becauf it was owned by Grotim)
concerning a Communitie of the Sea and freedom
of Fifliing therein according to the Law natural and
of Nations , by the Embaflador of James King of
great Britain, in a (pccch of his deliver'd openly in
IManiy and that others were gravely ad monifhed gjnjipoiQ^,
from his misfortune, not to marntein the like* Of tm eorm
which thing Grotiu^ himfelf bear's vvitnels. « I haVt ?"'^''^''«^'*
Jabored^ faith bee, as much a>s any to muintein the ^ight of ante mutatio-
Navigation to the Indies , and for the preferyation of ^^ '^^^;
ChthdreJJif^ in our Cmntrie. Sut for the freedom of Fifk- nLl/^-g.
i^ (tt Sf 4 yi much J that Carleton Ae l^ng of gtedt ^^-i9'^ai*
Z 3 Britain s *^^'
1 74. Book I. Of the Tfommion, or,
Britain's Embajfador , heeing incited by my enemies tojpeak
««Hecwas jonmhat in publtck againU mee beein^ at ^ that time in
imprifoned ^rifon , hee had nothing el/ to fay , hut that I had begun to
an'^handin ^^^^ fi^ Difcourfes in defence of that freedom^ as a thing
Barnevd's grounded Upon the Law of Nations^ and CuUom^ time out of
bufinefs. mnde ; "^hereM no-withJ}anJin^ , nothing had been Jaid or
toritten by mee upm that fubjeEl , dijfnmt from thojt things
TIfhtch the States Bmbafjidors had mamtetned in Britain in
the year MDCX ^ and our Anceflon before , eVew /or fom
Jges pajl. And yet that Em^yaffjdor faid, that others ought
to bee terrified by^he example of my mu for tune , from dfe-
fending that Opmton, It is true indeed, chat pcrlons
in power ufually take a libertie to alpcrf men as
they pleaf when they are in cjucftion ; But thefe
things were not fpoken lo much againft Hugo
Grottm , as againft that natural Right of Commu-
nitie at Sea (injurioufly pretended to) which many
men have defended more cxprcfsly and plainly then
himfelf ; but none, with fo much learning and in-
genuitie. Nor^ did that Speech of the Fmbaflador , for
ought wee know, as things then flood, diiplcaf the
States of Hdland.
i Ve Jure ^"^ '" ^^^ Books ' de Jure 'Belli <^ facis^ having
Beiii&Pacis, indeed fet down the realon of the original of private
la?^"^^ Dominion to bee upon this grou d, that thoie places
which became peculiarly afs gncd were not lufficient
for the maintenance of all men , hee conclude's that
the Sea, becauf of its bignefs and incxhauftible
abundance, beeing f efficient for all , cannot bee ap-
propriated to any. Hee add's other things alio tone b-
iog the nature of the Seas not beeing diftingu fh^"»lc
by Bounds, of both which wee h.ive iaid enough
alreadic. But at length hee betakc's himfelf to the
received Cufloms of Nations and fpcak's more then
once.
Ownerjhip oftheSea.CiiA?.KKVh 175
once concerning the proprictie or private Dominion
of the Sea, as of a thing fomcimes to bee yielded
without Controverfie, 7he Land, faith ^ hee. ^ J^^deitt,
and ^Vers , and any part of the Sea, in cafe it
com under the proprietie of fom Nation , ought to bee
opm for fuch as haye need of pajjage upon jujl and
neceffarie occafwns. Afterwards alfo, Ipeaking of the
^proprictie of Rivers, y^fter this example ^ faith hee, ^ Jl>idCaf.^:
it feems that elnn the Sea may bee pojfeffed by him that
is Owner of the Land on both fides ^ although it lie open
either above , 04 a Creek ; or above and below too ^ as a
Jlreight or narrow Sea : So that it bee not fo great a part
of the Sea , that beeing compared "^ith the Lands it cannot^
feem to hce any portion of them, ^nd that 'Pphich is lawful
for one Prince or People , the fame fecm's lawful alfo for
two or three ^ if in the like manner they pleaf to enter up-
on the Sea flowing between. For fo, ^Vers that flow be-
tween two TSlations , haVe been entred upon by both , and
then divided. Hee allegeth other things alfo touching
the Right of primarie occupation by Sea ; but fo,
that for the moft pare hee contein's him felf within
Creeks and ftreights. " Hee faith , that not by any ^ ihidem,%.
natural Right or Reafon, but by Cuftom it came to ^9-
pals , that the Sea was not appropriated, or that it
could not lawfully bee entred upon by Right of
Occupation. And that the Cuftom beeing changed,
if there were any in the antient Law that might hinder
a private Dominion of the Sea, the reafon of Com-
munitie muft bee changed alfo. But that it hath
been fufEciently changed , appears abundantly (if I
bee not deceived ) out of what wee have hitherto
fhewn you. Yea , the very Laws as well ^ Civil as * The fame
Intervenient of moft Nations make abundantly to this ^p^i^
purpofe, as it hath been proved*
Moreover,
. lytf Book I. Of the Dominion, or.
Moreover , that nothing may bee Wanting to weigh
down the Ballancc , therefore, befides the opinions
of the Civil Lawyers before- alleged out of Fnmce,
Spain , and Italie , for a private Dominion of the
Sea , let this over and above bee added , which is
taken out of that fort of Lawyers alfo^ difcourfing
in general terms about the Sea. I here give it you
as it was compofcd by a Lawyer , none of the
nDeKegaii- ftieaneft in the ^mm-Geman Empire, by name ^ Re-
hus,iib,cai^- gf^^Y^^ Sixt'mus , who was indeed againft private
^'^^' Dominion of the Sea. The matter in quejlion^ faith hee,
concerning the Sea and its Shore, is, "whether as Rivers
that are navigable, and by f^hkh others are made navi-
gaUt, thy may hee reckoned inter Regalia dimOnStf)0
^2inC0*i5 3ROtaltl0fi(;f (for,whatfoever is reputed a part
oii\ioit Regalia or Roialties, is as private or pecuh'arto
Princes, as that is to fubje6ts which i$ their own;
for which cauf the Revenues of the Exchequer
are private after the fame manner;) fo alfo^ "Whether
the Sea it /elf and its Shore , bee ccmprifed Vithin thofe
• verftc. Ta- Regalia }Cacheranm , Decif, 1 55. w. 81. Perrarius Monta-
pikandu ^^j ^^ Feud, lib*^ c. 7. ® reckons the regulation and the
very dominion alfo of tht Sea among the Regalia^ nor doth
hee make any difference betwixt the Sea and a puhlick
^^er. Mynfingerus alfo, ^ejp.i. nu.i6%, Decad,ii.
faith y that the proprietie of the Sea is a part of thofe
Regalia. But Sixtinns hirafelf , difcourfing upon this
matter, juft as they do that are more addidted
than they ought to the words of lilpian^ and num-
bring up thole Autors that are of the contrarie opi-
nion , conclude's thus , ^ut more true it is that a
profrietie of the Sea and Shore , is not by the Common
Lauf to bee reckoned among the Regalia, But upon due
confideration of all thofe particulars , which hither-
to
Oti^nerjhip oftheSea.CHAv.XXVL lyp
to have been produced out of the Cuftoros of fo
many Ages and Nations , and as well out of the
Civil , as the (ommon or InterVenient Law of moft
Nations , no man ( I fuppofe ) will queftion but
that there remain's not either in the nature of the
Sea it felf, or in the Law either Divine^ Natural^
or of Nations , any thing which may fo oppofe the
private Dominion thereof, that it cannot bee ad-
mitted by every kiode of Law , even the moft ap-
proved • and fo that any kinde of Sea whatfoevec
may by any fort of Law whatfocver bee capable of
private Dominion j which was the thing I inten-
ded to prove.
The End of the prU^
"Book.
A a Touching
iSi
Touching the
DOMINION,
O R
Ownerfhipofthe Sea,
BOOK 11.
, U ^ I «. >l—l- !■' '
The order or Method of thofe things that are
to bee handled in thisT^oo!^ T/^^Brkillx
Ocean dmded into four parts.
C H A I». I.
lAving made it evident, in the former
Book, that the Sea is capable of pri-
vate Dominion as well as the Land^
and thac by all kindesof Law, whe-
ther wee fcrioufly confidcr the Di-
yincy OS. Naturd^ or any Law of Na-
tions whatfoever . it remain's next that wet difcourf
touching the Dominioo of ^^t l^m in the Sea
A a z en-
i8i Book I L Of the Dominion, or, *
encoropafsing ic about, and of thofc large Tefti monies
whereby it is affcrted and mainceined. Wherein this
Method is obfervcd, that in the firft place wee premife
both the diftribution and various appellation of the
Sea flowing about it, in order to the Difcourf. Then
it ftiall bee (hewn, from all Antiquitie, down to
our times without interruption, that tho(e,who by
reafonof (b frequent alterations of the ftate of Affairs,
have reigned here, whether 'Brltains^ ^mans^ Saxons,
Danes^znd Normans, and fo the following Kings (each
one according to the various latitude of his Empire)
have enjoied the Dominion of that Sea by perpetual
occupation , that is to fay, by ufing and enjoying it
as their own after a peculiar manner, as an un-
doubted portion either of the whole bodie of the
eftate of the ^ritijh Empire , or of lom part thereof,
according to the ftate and condition of fuch as have
ruled it; or as an infeparable appendant of this
Land. Laftly, that the Kings of Great Britain have
had a peculiar Dominion or proprietie over the Sea
flowing about it, as a Bound not bounding their
Empire, but (to borrow the Terms ufed by Surveiors
of Land) as bounded by it « in the fame manner as
over the Ifland it (elf, and the other neighboring. fles
which they poffefs about ic.
The Sea encompafsing great 'Britain, which in ge-
neral wee term the Britilh Sea, is divided into four
parts, according to the four Quarters of the World.
On the Weft lie's the Vergman Se^, which alfo take's
the name of the Deucaledonian, where it wafheth the
Coaft of Scotland, And of this Vergfpian , wherein
a Qiiias^ Ireland is fituate ^ the Irijh Sea is reckoned to bee a
l^pf^de^ part , called in antient time the * Scythian Vale, but
now the Channelof S* George. So that as well chat which
waflieth
Excidio Bti'
tannic.
O^nerJhipoftheSea. Cmap.I. 185
waOieth cheWeftern Coaft of Ireland^ as that whicK
flowe's between great 'Britain and Inland^ is to bee
called the Briti(h Sea. For , not oncly this (which
of old was called great 'Britain , and lomtimes fim-
ply the ^Gr^^r I (land) but alio the Ifle of Ireland^ ^ Jrifiidesy
with the other adjacent Ifles, were termed Britamicc : ^'^!*'""^
So that many times Jlbion and Ireland are equally
called Britifh Ifles and Britannides -^ as you may
fee in Strabo , Ttolomie , Marcimm Heracledtes , Tlinie^
Eujlathius upon Dtonyftus Jfer^ and others. Moreover,
Ireland is called by 'Ttolomie ' Mik^ BfurlccifcL little " Magne
Britain, And, faith Etklward^ an antient Writer/ They ^^t'/!?''
go to Ireland, calkd heretofore Britannides by the great ^lib.^c^.
Julius C^far, Perhaps hee had a more perfect Copie
oi JultmCtzfars Book: For in none of his Commen-
taries which- wee ufe , is Ireland called by that name. ^i^ipf-Epjio-
And it hath been oblcrved by ^ learned men , that ^^.i^cap'.
that book hath been maimed and altcr'd by one &Eiea.lib,
JuHhs Cetfu6, whole name wee finde now and then in ^'^''^* ^*
the Manufcript Copies,
Towards the Nor h this Sea is named the Northern,
Caledonian^ and Deucaledonian Sea^ wherein lie fcattcr'd
the Orcades I (lands, Thule^ and others, which beeing
called the Brttifh or Albionian Ifles- yea, and ^ Bri- 2w^f!f''
• f 1 - 1 I • - AT Chtliad.S.
tanmdes , gave name to the neighbormg J^ea. And c^.218.
indeed Thule Cwhich fom would have to bee Ifland-
others , and that with moft reafbn, do conceiv it to
bee the biggeftof the ^Shetland ox Zetland Ifles, called [^/'j^^^^^lJ
%^\\ZWiz\ by the ^ Seamen, and fom there are again i5m.f.85o.
that think ot'nerwife) was of old not onely termed a g g^^^^
Brittfh iflc , but alio by fom exprefly placed in Britain Peuccm.ub,
it leif. Mahumedes Acharranides an Arabian , called tJr^^^ ^'"
iikewile Aracenfis and Albategnipu , a famous Mache-*
matician,*who lived above nine hundred years ago,
Aa ; . (aith,
t84 Book II. Of the Dominion y or,
h -De Scien- faith ^ ^ 5om obferVmg the breadth of the Earth from
tits Stella- ^j^g Bi^umo^id Line towards the TSlorth , haVe found it
rum, I .caf. ^^ ^^^ determined by the Jfle Thule 'Q^hich is in Bricain,
T^bere the hngefl d:iy is XX fours-^ that is to fay, Tto-
lonite and his Followers , who by drawing a Line
on the Northfidc of Thtde or the Shetland Ifles,
through 65 degree?, and a quarter of Northern [lati-
tude, have fee it down for the utmoft Bound of
the habitable world. Yea , and fom have u(ed the
name of Thule for Britain it fclf or England, In
times paftj the Emperor of ConftantinopJe was
wont to have truftic Guards called Sarrangi, con-
ftantly attending his peifou; who were taken out
i HiJi.Gr£€. of England , as appear's out of * ]S[icetas Choniates-
^'^•2. and Codinus alfo who was keeper of the Palace,
^ DeOfficiis^ writc's that they were vvont to falute the Em-
Coriftantinof. ^^^^^ ^j^j^ ^ \q^^ yoJCg Vyy,Xm<^' /„ ^J^ EnglifJ?
X Alexia- Tongue, But in the Storie of ^ Anna Comnena, the>
dos.iib.z. Daughter of /4teW , it is faid cxprcfsly, that thev
came ^>t -^ Q^Xy^ vr\a^ froni the Jfland of Ihule, In
like manner, all the Iflands either known or heard
of in this Northern Sea , were at length called by
the name of Wtti[h j the utmoft Bounds whereof ,
as alfo of Thule it felf, fonj of the Antients would
have to reach unto 67 degrees of Latitude^ or there-
about. And Mategniu^, (peaking of the Sea as
Scien- ^^ '^^k's toward Spain, faith . °* There are xTl Bri-
tiisStdU' tifh JJles in it towards the North -^ and beyond thefe
rm^caf.6, jj j, ^^ habitable ;' and how far it flretcheth ^ ism-
known.
Upon the Eaftcrn Coaft of Britain flow's the
€erman Sea ( fo called by ^tolomie , beeauf it lie's
before the German Shore. ) On the South , flow's
that whidi i% particularly noted by Jptolomie to
• bee
OypnerJhij^oftheSta. Chap»L 185
i:^c^ptentriQ^^^
bee the Britijh Sea. But all that was called alfo the
Sritip? Sea, which extend's it fclf like a half Moon
along the French Shore , through the Bay or Creek
of
i8^ Book I. Of the Dominion, or,
of Jquita'm, unto the Northern Coaft of Spain. For
this wee have the Tcftimonie of Mela , who faith
the Pyrencan Promontories do butt out into the
n Ve Situ Britijh Sea. " The ^yrenie^ faith hec , runs firfl fiom
Orbisylib.2. ^^^^^ '^^^^ ^y Brit'tjh Sea -^ then taming towards the conti-
nent ^ it Jiretcheth as far (is Spam. Yet every man
knowe's it is called likcwife either the French, or
Contabrian^ or the Aq^uitankk Sea, from the Icvcral Shores
which it wafheth. But fo far even the name both
of the Witijh and EngUp? Sea was inlarged either by
that cxtraordinarie Command of the people of 'Britain
at Sea, or of fuch as had atteined the Rights of Do-
minion in Great Britain (which is all one to our
purpofe.) And it is ftrecch't likewife by fom of the
Antients as far as the Promontorie Nerium , now cal-
led Capo di S' Maria. The Arabian Geographer faith 5
• climai.4. ' ^owards the 2S{prffc, Andalu^^a (fo the Arabians ule to
j)4rM. call Spain) is environed by the Sea of the people ©/"England,
t0h9 are of the Romans, that is, who are of the peo-
ple o[ Europe- for, it is ufual with thofe Eaftcrn Na-
tions to call the people of Europe , generally either
^mans or French. And then hec faith. There are nine
Stages from Toledo to S' James , fi^hich is feated upon the
Englifh Sea. Moreover, hee call's the Place, where that
^,. Citic oi^^James\% feated, ^ a Promontorie of the EnzHfh
pflrM. oedj and hath divers other paliages or the lame kinde.
Thus at \tvi^\,\i great Britain J with the Ifles lying
about it , and the Sea imbracing it on cverie fide,
became as it were one Civil Bodie, fo that the whole
together is comprehended in the name of Sr/>//7; or
Britannich Alfo , this Sea and Great Britain have in-
I cata- ^^^^ given mutual names as it were of Dignitie to
leCtiirirgi' cach othcr. That is to fay, this Ifland was called by the
///, deSabi- Antients fimf^ly ^ /w>/^ Uruliy tfje ^Af Oft^f ^W,
as
no.
A
OrpnerJhipoftheSea. Chap. 11. 187
as that vras called Oceanns In/uU , (1)0 ^ttWX Of (1^0
^fl0, or the Briti/h Sea. -,
Having made this preparation, then wee treat*
firft concerning the Sea -Dominion of the BnV^Jwj, be-
fore they were reduced under the ^oman power-
Next , touching a Dominion of that kinde belong-
ing to the Romans while they ruled here, continually
and neceflarily accompanying the Soveraigncie of
the ifland. Afterwards , it is made evident by fucfi
Teftimonies as are found among the Antients, that
the Ewg///^ Saxons and others whoenjoied the lupremc
Power in Britain, before the Normans Invafion , had
fuch a kinde of Dominion. Laftly, according c6
the fourfold divifion of the Briti/h ^ca. , wee let forth '^.*' -'-^
the antient Occupation , together with the long and
continued podefsion ot cve.y Sea in particular, fincc
the Nf]rmuns time, whereby the true and lawful
Dominion and Cuftoms of the Sea, which are the
fubjec^l of our Dilconrf, may bee drawn down, as
it were by a twin d thred , until out own . times.
Moreover, feeing both the Northern and Wcftcrn
Ocean do ftretch to a very great Latitude (this to
America ; that not onely to Ifland and the Shores of
Greenland^ but to parts utterly unknown), and fo u
cannot all bee called the Britifh Seas • yet becauf the
Nation of great Britain have very large Rights and
Privileges of their own in both thofe Seas , even
beyond the bounds of the Britijh namp, therefore
it was thought fit to touch a little upoajhefe Par-
ticulars. ' Z'T: inc j
B b " rhat
[88 Bcx)kIL OftheVomimon^oVy
That the antient Britains , did enjoy md
fofjejs the Sea of the fame name ; ejpe.
dally the Southern and Eaftern part of
it, as Lords thereof, together mth the
IJlandy before they were brought under
the %^man power.
I
Chap. II.
^ T is true indeed which an eminent man /aithj
Hm4ejme JL* T^^ ^^ Sea hath been enjoyed by Occupation , not for
Belli & Pa- (J/^ redfon onely, becauf men had fo enjoted the Land^
«?ii.*^^^* ^^ ^ ^^ ^^ ^^ ^^^^^^ ^f ^'^^ ^^^^^ Jufjiciefit thereto-^
hut that there is a necejsitie of fom external AEi , ftom
tphence this Occupation may bee under Jlood. Therefore
Arguments are not to bee derived altogether from
a bare Occupation or Dominion of Countries,
whofe Shores are wafhed by the Sea : But from
fuch a private or pccuHar ufe or enjoiment of the
Sea, as confift's in a letting forth Ships to Sea , ei-
ther to defend or make good the Dominion 5 in
prcftribing Rules of Navigation to luch as pafi
through it; in receiving (uch Profits and Commo-
dities as are peculiar to every kinde of Sea Dominion
whatfoever- and,which is the principal^ cither in ad-
mitting or excluding others at plealure. Touching
which particular, wee fhall make diligent inquiric
into tho(e things which concern the Iflc of Br/-
tain, through the i^ges paft, down to the prclcnc
time.
It is upon good ground concluded ^ that the mod
antient
Ot^nerfhip of the Sea. Chap. IL l8p
antient Hiftorie , whereto any credit ought to hoc
given abouc the affair's of Britain, is not elder then the
time of CatM Julius C^far; the Ages before him bcc-
ing too obfcured with Fables. But at his coming
wee finde clear paflTages oftheBnt^wsOwnerfhipaad
Dominion of the Sea flowing about them, cfpecially
of the South and Eaftpart of it, as a perpetual Ap-
pendant of the Soveraigntie of the Ifland. For, they
not onely ufed the Sea as their own at that time for
Navigation and Fifhing; but alfo permitted none
bclides Merchants to lail unto the Ifland without
their Icav ; nor any man at all to view or (bund the
Pores and Sea-Coaft. And that the Cafe flood cer-
tainly thus, it is no flight Argument which wee fhall
inlert here out of C^far himfelf. But allowance
mufl: bee givcii ever to Arguments and Conjectures,
touching times fo long fince paft and gon . efpecially
when there is a concurrence in the Cuftoms and
Teflimonies of following times. And as things bee*
ing placed at too remote a diftance , fo that they
cannot bee certainly difcerned by the eie> are wont
to bee more furely difcover'd by the help of a
triangle at hand j So what uncertainty fo^ver may
bee in thofe proofs that are to bee btought 6m of
fo remote Antixjuitie , I queftion not but k will bee
made fufficiently manifcft by^ the coritinuedand
more certain ufagc and Cuftom of fatct^iimes , as
fhall bee abundandy made evident in the following
Difcourf; i>
As to what concern's the Britaim particular ufe of
Navigation , in that antient time, without which aft
Occupation of this kinde cannot bee had ; notwitb-
flanding that at C^Jar's firft arival, they were .•'terrified
with the fight of that unnfal kinde of long Ships^
B b 2 and
A3
BelloGalUc9,
ipo Book 1 1. Of the Dominion^ or,
and though at his fecond coming with a multitude
vienfisy \n' o^ Vcffcls of all kindcs (beeing ' re-inforccd to the
gcftismuu number of eight hundred, or^as (bm would have
elmiRcgisi. ,^^ ^^ ^ thoufand) thcy fled in a great fright from
the Shore , not beeing fufficiently provided for fuch
a Sea-fight as was then at hand , and which they
had never been acquainted withj ncvcrthelefs^ it is
mod certain , that they had Veffels of their own,
wkerein thcy ufed to coaft about the neighboring
Sea, and fo entred upon it corporally by Occupati-
on. Mention is made indeed by Writers of fom of
their Veflcls more notable then the reft , which
they frequently ufed , beeing framed with twigs (as
the fafliion hath been in the more antienc Nations)
and covered with Ox hides after their u(ual manner.
Moreover, Fejlui jVtem^^ fpeaking of the antienc In-
habitants of the OEHrymnides , or the Iflands called
^AnduSchou^^^"^ ^i^VftS y with the refl: lying about, thus
Obfervat. cxpreflcth himfclf 5
Hijtoric.lib.
3.22.§.d. ^ — ^ ret ad miraculum^
]>l4Vigia junSlis femper aptant pellibui^
Cerioque Vajlum f(€pe fercurrwit Salum,
:9nh fcont m Heatget tfuougD tDe ^ttm
And what hee faith of their continual care of Tiaf-
fick and Cuftom of Navigation , concern's others
as well that were under the Briti(h Government.
Yet it is not to bee conceived , that thefe twig and
Leathern Veflcls of the Britms , were all of them
unfit for making war by Sea (according to the man-
ner of that Age and of the neighboring* Nations)
nor
* In Ortt
tlUriumis.
Oypnerfhl^ of the Sea. Chap. IL ipi
nor that they were Icfs fit for long journies at that
time 5 feeing* f/ime writc's cxprcfsly , that fomtimcs ]^,itb,I^y
they Med through the Sea in the fpace of fix daies. 16.
In like manner wee read in the Bmi/7? ^ Hiftoric, ^^%'/l
that about C^fafs time, Lud King of Britain fcizcd Hi(i.lib,i,
upon many I Hands of the Sea in a way of war,
which dcnote's that hee had a very confiderable
ftrength at Sea, and a well accompliflhed Navie.
It is tiue indeed, that there were fmall Veflels among
thele (as they are no where without them) which
doubtle(s were unfit to bear the brunc of a Fight or
Tcropeft; that is to fay, fuch as C<tfar made totranf-
port hjs Souldiers over the River, when hee was
fireighcned by Afranm his Armie , as hee had been
taught (they are his ^ own words) fom years before ^ ^^. ^^/^^
hy the Cuftom 0/ Britain. The I^eels and ^ibs 'P;>ere frft caf!^]^[&'
made of flight matter. The rejl of the bulk of their "^'^MsSo-
VeffeU^ heeing Tt?rough together ti^ith Twigs, '^as cover d Tt>ith "^'"»*^^'^5-
Hides 5 which wee finde mentioned ialfo by Lucan^
^ Trimum cmafalix. madfaHo Vimine^ parVam
Texitur in puppim, CiCjoque inJuBa juVtmo, • .a- .,: ^"^u^^-^-
VeBoris pattens ^ tumtdum arcumnutat amnem.
Sic Vemtus jlixgnante Pado^fufique BritannM
2iavigat Uceano,
^€)f ttbtss ant) MIottieojjO)
- ^ - ^ *Tranflatcd
%l)epmai>e fmall ©oats coiier'D ibitf) iBul=^ bymykar-
3n itoDicl) tljepreacftttlje xibttsfax^tt 06^ c^a^.
5>0 fail tbt V <ne 1, if Padus flOU)> ^ora
Xfje Britains fail Oil tl^m calimDceao fo^ r lo
Others there are alio that write of thefe Imall Vcflfels.^
But they are not (i fuppofe) at leaft in that Age; tcP
bee called fmall Ships, which failed through chd^
Bb3 Sea #
u>i9^
• .01
iJ)io Cafsius,
k Folybift*
iBook II. Of the Dominion, or.
Sea in fix daics fpacc, nor fuch as (^]e/ar noadc onc-
ly to tranfport his ^ouldicrs, and convcicd them by
Cart above XXII miles, according to his own
Pxlation. Ic cannot bee doubted therefore, but that
the Britams had Veflels made even of the aforefaid
matter , big enough and very fit for fcrvice at Sea.
Moreover , there will bee very good ground to con-
ceiv out of what wee (hall deliver by and by, about
the excluding of their Neigbors from the adjacent
Sea, that they were wont to build and fet forth Ships
of war , of a far more commodious and folid fub-
ftance, for the guarding of their Sea and the Ifles,
But their ufe of frequent Filhing (though * foin write
that the more Northerly Britaim did never eat fifii)
may bee collected upon this ground , that the better
and more Civil fort of them were wont co cmbellifli
the Hilts of their Swords with teeth of the bigger
Fiflics. So faith Sdinus ^ , They ^hkh endeavor to bee neat^
do humjh the hilts of their Swords Vtth the teeth of fuch ^eai
Animals as fwim in the Sea , hecauf they are as "^hite and
dear as tvorie • For , the men take an extraordinarie pride
in the hri^htnefs of their Arms, Now, 1 fuppofe^ that
without an extraordinarie abundance of luch kindc
of Animals , which could not bee caught without
great pains and numbers of Hfliermen, there could
noc have been matter enough of this kindc to ferv
fiw: the triming of a moft warlike Nation; where-
in it was a Cuftom for the Mother of every man-
child to put the firft Food that hec received into his
mouth,tipon the point of its Father's Sword, in token
of a warlike diPpofition. And the Mothers ufual
Blef^ings were to this cfFed , that their Sons might
die no other death then in War and Arms. I know
thefe words of Soknui are commonly taken hf
Writers,
Ovi>nerJhipoftheSea. Chap.H. ip^
Writers, as if they had been fpoken onely of the Inhabi^^^
tants of Ireland : wherein , if \ underftand any
thing, they are plainly miftakcn. The words oiSoUnuf
in his Chapter concerning ^rltm , are thcfe j The ex-
tremitie of the French Shore had been the utmojl bound
of the Iporld, did not the I fie of Britain defers the mr^
almoH of another Ti^Qrld. For it is flretch't abqVe 8o(?
miles in length , if fo bee tt^ee meafure it O/S far as the;
utmofl fo'mt in the North of Scotland , "^here Ulyflc?
mce arrived , as appear's by an Jltar there Ti^ith an Infcripj}
tion upon it in Greek Letters, It is encompajfed "^itk
many confideraUe Iflands ^ "Siphereof ixAzni. is next to it in
Ugnefs. It is a barbarous Countrie , by reafon of the rudq
behavior of the Inhabitants • otherwife^ of fo rank a pajlu-
rage, that unlefs Cattel beefomtimesdriyenfromthe^ajlures^
they run a ha:^ard by too much feeding, There is noSer^
pent to bee found ^ and but few birds -^ The people ar^ ir^'
hojpttable and Ti?arlike : ^nd after a yiSiorie, they fir jl take
a draught of the bloud of the flain, and then befmear their
Faces, ^tght or Ti^rong is all one to them, A Tifoman^
tfihen fhee brings forth a mde , put's its firfi food uponhet
husbands Swor^ , and flealing it into the little ones mouth
Ti>ith the very pointy fhee pronounceth her blefsing according
to the Cujiom of the Nation; T^ith this '^ifh. That hee may
die no other death but in War and Arms, They that endeVQir
to bee neat, do burnifh the F^lts of their Swords, (jt CAtera^
as ic foUowcth above. Hee treat's next of Ibtn
Iflands that lie about it; as Thanet^ the Hebrides^
Orcades , and Thule ; and as to what concern's their
manners , hee conclude's that Britain is inhabited m
patt by barbarous people , who from their child-
hood , by artificial ftripes of divers fornas, imprint
the likenefs of feveral living Creatures, up and down
their bodies : As is (ufficiently known out of dtfar
and
ip4- Book II. Of the T>ominion, or,
and other Writers. But now, if thole words which
follow that brief dctcription, wherein the firft nncntion
of Ireland is made , were to bee undcrftood of the Irijh^
not of the people of great britam^ thtn it would fol-
low there, that SolinHS forgetting what hec had pro-
pofed in the very entrance of his Dilcourf, pafled
immediately from great Britain unto Ireland and the
neighboring Ifles 5 and that hee nf\ade not any men-
tion of the Cuftoms of ics Inhabitants, befides the
ftriping of their skins with divers fliapes,and this at
the latter end of the Chapter : whicr» 1 can not in
any cafe believ. Nor is it agreeable to the fcopc of
his difcourf , that Irelani fhould bee meant in this
place ^ as well as ^reac Britain, For, of Britain hee
feithj It is encom[>ajJed 1i?itb many confiderable Ijlands ,
H^hereof iKhnd is next to it m hignefs. It is a barba-
rous CountriCy by rea/on of the rude behaVior oj the Inha-
bitants,((src. Then , this more large delcription of its
manners and Cuftoms which immediately follow-
cth , is no other wife joined to the mention of Ire-
land in the Edition of Delrio , and moll of the reft
which wee have followed in the place before-al-
leged. And Who fceth not that the beginning of
that defcription , and (o what follows, ought with
much more reafon to bee refcrr'd thus to Britain^
concerning which his purpofe is to treat , then to
Irdandy whofe name is inferced onely by the way.Not
doth that hinder at all which wee read there about
Serpents» I confcis it to bee moft true indeed, if fpoken
of Ireland^ wherein there is no venemous Crcamrcj
and falf, if of Britain. But yet even this alfo hath
been believed of our Countrie of Britain^ and that in the
clearer light of learning in time pad. Asappear's not
pnely by the Books of Cardan de Subtilitate, wherein hee
' denictb
Ovi>nerfhipoftheSes. Chap. II. ip^
^deniech that Britain entcrtain's any fuch Creature,) iBeSubuit-
buc alfo out of Scaligers "" Exercitations upon him, Jn^'V'^''^*
~who in like manner affirm*$ this, and fpcnd's Di- 200.
fcours to no purpofc to finde out the reafons why
Britain hath not any venemous Creatures : which is
ftrange indeed, fince hce wrote fo eagerly againft the
other J yea , and both of them beeing very famous
men , and moft expert Naturalifts, lived fom tirre in
Britain. But errors of this kinde (as wee fee alfo
m Solmiis concerning Birds and Bees) are not un-
ufual among Writers ; Audit was a common courf
for a ^man Writer to attribute extreme Barbarifm
(as ^olims doch in this place ) to iuch forreign Na-
tions as were not in amitic with the ^mans. Now,
as to this paflagc which is found in fom Editions,.
[Jt is emom faffed Vtth many conjiderable Iftands , Ti^hereof
Ireland is next to it in higmfs , a " barbarous ComtrJe nSdiuOaudU
hecauf of the rude behavior of the Inhabitants <^c] as if SaimaftiJi-
the following words did by a continued (cnf and ^''/^ '^^f """
order relate unto Ireland • ic beeing indeed contrarie vet. in Bdu-
to the truth of fom antient Copies and the moft ap- '^^'^^l' ^""^
proved Editions , arofc (I think) upon this ground,
becauf it was falfly fuppofed by the vulgar, thzi Ireland
alone is treated of in fom following Lines. Not-
withftanding, even (b alio thofe words which fol-
low the word [^bignefs^ niay as well, and ought to
refer unto Britain , not unto Ireland. Moreover alfo,
Tacitus faith exprefly of the Iri/h of that Age, • The ^juiuAgri^
men in their dijpofitions and habits do not differ much from (oU.
Britain.
But now, that wee may return unto that trimming
which wat made of Fifhes teeth ; Auxiliaries were
wont (as C^y^rr faith) to bee fupplied out o( Britain,
in almol all chofc wars that the Cauls maintcined
C c againft
1^6 BooklL OftheT>omimon,oTy
againft the ^t(mam. And thcicforc it muft bee faid,
cither that the Sritams were for the moft part aii
abjedt favagc people, yea and a dull flothful Generatiort
(which appeal's to bee moft falfj or elf it muft bee
conceived that the Nation ufird Fifliing very much,
which together with the frequent ufe of Navigation
and Commerce, fliew's that they did enter upon the
Sea corporally by Occupation. But if to fuch a cor-
poral occupation, as this, wee add alfo, that they ex-
cluded others from the Sea , (hutting it up in fuch a
manner, that they rcftrained them at pleafure from
paflage and entrance , what binder's why wee may
not conclude, that they acquired a manifeft Domi-
nion of their own, both by an Intentional and Cor*
poral podefsion ? But that the Sea was thus (hut up
by them, Cdfar him(clf fcem's to inform ui plainly
enough. For , when hee , upon his (irft attempt to
crofs the Sea inco Sritain , made dih'gent enquirie
among the Gatds, touching the Shore and Situation
of the ports ^ and to this end had fummoned the
SaOick Merchants together from all Quarters, hee was
(b deceived in his expedation about this matter, thae
hee was necofsitated to fend CVolufmu^ before with a
long Ship to (bund them , as beeing wholly un-
known t For as much as the Gauls were uttcriv ig-
norant of thefe Shores, becauf they were prohibited
entrance , and fo excluded from a free ufe of the
^vS.4. Sea. For, hee write'scxprcfly, ^ not a man afthm Ttfent
thither without kalr ^ hefides Merchautf-^ mr ><** 4tn^
thing known even to thofe Merchants, hefides the Sea
* Now CoaJi,and thofe parts fetich lay over againil*Qi\A orGaUia.
Frmf' Therefore, according to the ufual Cuftom, no man,
be(ides Merchants^ could couch upon the Shore,
without leav of the 'Britmnt'^ not was it lawful for
thofe
Ol^nerfhl^ of the Sea. Chap. II. ipy
thofc Merchants to make a narrow fcarch or prieinto
luch places afhore as were convenient or inconve-
nienc for landing , or what Havens were fit to en-
tertain Shipping. For, although hee faith they knew
the Sea-Coafl • yet, as Cdfar affirm's, they were utterly
ignorant^ what ports were fit to receiv a nuftiber of
tne greater fort of Ships. And it feena's, Merchants
were pernoitced to vifit the Sea-Coafls , onely by
Coafting about , and ufing Commerce in the very
6ca with the Inhabitants of the Ifland. The old
Greek Interpreter of C^/^r, faith alfo upon the place,
ISlom elj, hefides Merchants ^"^ ere eafily admitted among the
iBrita'ms : That is to fay, neither by Land nor by Sea,
whereof they had (as hath been fhewn) a very fre-
quent ufe J and from which they excluded all For-
rcigners, except Merchants, as from a part of that
Territoric, whereof they were Lords in poffefsion.
From whence it fellow's alfo, that they alfb who
Were wont to crofs the Sea often out of Gaul into
Srifaw, to bee train'd up in the learning and difci-
pline ohhcDruides , could not do it without rendring
themfelvs liable to punifhmcnt for their boldncfs, if
Icav were not firft had from the pettie Kings or
Lords of the Ifland. From thofe pettie Kings, I
mean, that ruled upon the Sea-Coaft: For, the ©ri-
tains at that time were not fubjedt to the Govern-
ment of a fingle Perfon. They were Lords of the
Sea , who governed thofe Cities or Provinces that
lay next to the Sea j GngetoriXy Carvilm, Taximagulus,
and Segonax in Kent-^ others alfo that ruled over the
2(egwi, the Selg^ , Durotriges , Damnonii, Trinobantei^
IcenijCoritani^ (being the people that inhabited SuJJex^
Surrie, Hamf(hire\ Dorfetjhire , DeVorij Cornwal^ ^Jp^)
T>lorfQlkj UncQlnfhire) and the like. For , even Cafir
C c 1 himlelf
ipS Book 11. Of the Dominion, or,
himfelf faith , the inner part of the Ifland was in-
habited by fuch as were (aid by Tradition to have
been born there-, but the Sea-Coafts by fuch as had
crofs't the Sea thither out of Belgium , to make Ti^ar and
gain hootie , Ti?ho ^ere caUei all for the moji fart hy
the names of thofe Cities from Tt?hence they came , and
having feated themfehs there hy force of Arms, they betook
themfelvs to Husbandrie. But hee according to that
litcic knowledg hee had of a fmall part of the lilaad^
called thofe oncly maritime Cities , or Provinces,
*TheRem ^^^^^ lie South of thc River Ti?4ww . efpccially ^pit,
were the'ln- the ^ %egnij and the ^ ^elg^. But although the Sca-
^Smh^Lt' ^^^^^ ^^^^ ^^^^ divided at that time into fcveral
(ex, and the Jurifdic^lions, ncverthelcfe it cannot bee doubted, but
Sea-Coafts that they ufed to con fulc together in common againft
fljire. an Enemie , or to guard the Sea (the defence where-
* The Be/- of belonged to all the Princes bordering upon it.)
tantso^fio- J"'^ ^'^^^ ^^^ ^^^^ manner as they ufed to do upon
merfetymit' Other occafions of war againft forreign Enemies, as
^mvlhhe ^^^ ^^^ '^^ ^" ^ C^f^^> whcrc thc principal admini'
s VeBeiio ftration of the Government, with the bufineft of war,
Gailico.hb.K,. yvas put into thehands of Caf^ivellaunus, by a common
Council of the whole ^riti(h Nation. Nor is that
any prejudice againft fuch a Dominion of thc Sri-
tains by Sea, which wee finde in C<xfar concerning
the Venetij a people of GaUia , that were feated at the
entrance of the River of Loire j to wit, that they had
a very ' large command upon thc Sea-Coaft of Wc-
mo%%i' ^^^" Oallia^ and that they were better skill'd then any
cojib.ycaf. other of their own Countrimen in the life and Art et
8.«^ 12. Navigation,and chat in the Sea-fight with Decius ^rtuus,
they had Ships made all of Oak , very well buib,
and whether you confidcr their leathern Sails, or thdt
Iron Chains in ftcad of Cordage, or their Mafis,
fitted
Ovpnerjhip of the Sea. Ch ap. IL ipp
fitted to bear the brunt of any aflault whatfocvcr .
and that CCXX fail or thereabout in number,
went out of the Haven very well manned and pro-
vided with all neccflaries for War, to oppofc the ^^
man Navic. It is very probable, that the mod of
thcfe were Auxiliaries fetched by the Vmetl out of
Britain, or how great foever the Vmetan ftrcngch
was at Sea, yet that it was not greater then the ©ri-
tains J may bee collcded from the fame Author:
For , hee write's exprcfly , that Auxilaries were noc
onely fent for at that time by the yeneti out of
Britain y but alfo that they had very many Ships
wherewith they ufed to (ail into Sritain : But yet, as
it hath been fhewn out of him alreadic, no man
miohc fail hand over head into ©r/V^m, or without
Icav of the ^ritains. It is not to bee doubted there-
fore, but that, befides their Twig or leathern VcfTels,
they bad a ftout gallant Navie, which was able even
at pleafiire to exclude thofe Ships of the yeneti that
were beft armed, El(> how could it bee, that none
but Merchants were admitted out of Gatd upon the
Sca-Coaftof Sm^iw.^ Moreover, the whole Senate of
the Veneti having been put to death by Q^efar , not a
man was found among thofe who remained alive
after Brutus his Vi^orie, that could difcover fo much
as one Port of Britain . as appear's out bf the fame
Author. Which how it might bee admitted, I do not
at all underftand, if the ftrength of thofe Vemti that
were wont to fail thither , had been greater then the
Sritijh, or if the Eritip? had not been much greater
then theirs. But the reafon why at Cafar's arrival
afterwards, no Ship of that kinde was found upon rfr^-'^"f
the Eritip? Sea or Shore (which ^Veter Ramus won- ut^7af!%'
dcr's at very much) and why the Roman Writers ^'^'^ff^ ^^^
Cc 2 mention
100 Book I L Of the T)ommon^ or,
mencion not any other Ships then fuch as Were made
of Twigs, feem's evident : for, the Veneti had got all
the Shipping together into one place from all parts,
to tnaintein the afore-faid fight , as Cafar (aith ex-
J^rcfsly. Therefore, if the Wiup? Navie were called
orth to their afsiftancs , as tis probable it was, then
queftionlefi it was all loft before C^tfars arrival ; For,
tbe whole ftrength and Forces of the Veneti perifhcd
in that Sea-fight. Moreover alfo, Veter Ramu^, fpcak*
ing of that great tempeft, whcreiDy C^fars Ships were
fcatccr'd up and down in this Sea with great hazard,
faith, The Sea raifed this Tempejl , oi it ti>ere reyengmg
the Britifii bounds^ and difdaining to bear a new and
grange Lord, As if hec had laid> that the Bounds of
the ^ritifl? Empire were in the very Sea , and the
Sea it felf angrie, that it fliould bee tranferi'd into
the hands of any other Lord. But as to that which
tiPe- ^^^ ^"^^ ^" ^ certain ' fanegyrijl^ touching the time
rico mTxT of JdisiS C^far-^ that Britainll^^* not arm'd at that time
miano dido 5 -j^ith any Shipping fit for War by Sea . it was fpoken eiihef
^^ ^^ ** iii a Rhetorical way onely, and highly to magnifie that
Vidtoricof the Emperor Confiantim Chlorns (whereby
having flain C. AUeHus , who had invaded Wttain^
hee reduced the Ifland together with the Sca,as is (hewn
hereafter ) or elf it is to bee taken onely of the very
time of Ofari arrival. Otherwife , it is exprefsly
contrarie to tho(e reafons here alleged , and ground-
ed upon good Autors . and therefore not to bee
admitted for Truth. But after that the Ifland was
reduced under the uman power , doubtlefs the B?i'-
iains were prohibited from having any Ships of war,
chat they might bee the better held in obedience.
Which is the rcafon why Writers afterwards make
mencion of fuch onely as were made of Twigs.
That
Vv^nerjhip of the SeA. CkAP.III. loi
That the Britains ti^ere Lords of the Nor-
thern Sea, before they were fubdued b) ^
the Romans Jnd that the Sea and the
Land m^de pne erttire Bodie of the
Britifli Empire.
Chap. III.
THiit the ^ritam wcr? tprds alfo n that time
of the Northern, or Deucalidonian Sea, is a
thing proved by fufficient Tcfticnonie. Thcjr
-called this part of the Sea Maris /ui Jecretm ^ %^i
fectet dj Clofrt of tl)cfc dea» Tmuf , relating
cUc Navigation of Jidias Agricoh into this part, faith,
the Britam, as it 1^04 underjlood by tU frifmn^ ^Of^
ama^d at tk ftgk of his Navh,as if upon thf4 opening
the Clofet or Jecret part of their Sea , thm remmed no
fartkf refuge in cafi they Tl^ere oyercom. And jp that
ftout Oration of Galgactis the Caledonian^ wbefcin hcc
encouraged his Soukiicrs to fight , * Kgip^ faith hec, ^ ^^^.^ ^^
the BoHnd, of Britain is laid open. The icctfit par; of vita Agmt-
their Sea or their Sea-Tcrrioorie in the H^th , they '*'
called their Bound. Moreover , faith the fame Qal'
focm^ beyond m there is no Land^ and not the leajl f^-
curitie at Sea, the Rx>man ^avie hemg at h^^^ giving
them to iinderftand, that the PominiPQ heri?9f
was to bee defended as was the Ifland , as a thipg
acquired before. Add a\fo , that gfnoqg the Writers
pf that Age , <vinctijd d^e Omno , and IP 0dui tke
Britaim , figraificd aie and the fame thipg* S^ tjl^t
place of Lucan is to bee gaderflood, where k$(^ reckcm s
what pompous Shews a|^d Triumphs might have
' ulhcrd
102 Book 11. Of the 'Dominion, or,
ufhcr'd Q^far into Bome^ bad hcc returned on ely with
Conqucft over the Gauls and the TSLorth j
^Fhar^al 5. '^--. ^ ^t rv'mcula Rhew,
• Oceandque daret I celfos ut Gallia curras
Nobtlis^ ((sr flaw Jequeretur mijla Bfitannls,
MDatS>to»esi ^atiD^D;ougt)t! IjoiD t!je
:anii Khine, i)ce bp i)ts ConqueftSDio t:e«
Qrain!
%l)t noble Gauls ann pelloVb Brftains treat)
©el)mt) t)is loftie Ctjariotjbcems leD!
But for all that, our Sea was not as yet fubdued by
the Romans, ^«//wi C<€/ir oncly fliewcd the Ifland,
rather then • dchvei'd ic into the hands of Pofteritic:
neither was any part of it reduced under the Roman
power, before the Emperor Claudius his time,- nor
the Soveraigntie o( the Sea transferred into the hands
of any other. And although in Auguflus his time,
Drufns Gennmcus * failed through that part of the
fiusjib.fl. Sea which lie's bccwixt the entrance of the Ri-
Piin.iib.2. ver (?y;/wfand Denmark ^ and(ubdiied the Frirflajiders ^
a1f.67.Sue- ncverthclefs, not any part of the Sea was added bv
ton- in Claud. / J ^ . i/in-.ii''i
caf. I . that Vi6torie to the Roman Empire ; f or,the 'Brttams held
it all in poffefsion , they beeing not yet fully fub-
dued. Nor is it unworthie obfervation here, that
C. Caligula^ becing near Britain^ and coming out of
Germme to the Coafts on the other (ide of our Sea,
^ Adde ^a- OS if (faith ^ Dio) hee intended to make ft^ar in Britain,
rei.viacrem, j^jj having drawn up his Armie, made readie all his
tur^T^An- flings and Other warlick Engincs, and given the fig-
drraSchoito, nal or word for Battel, no man knowing or imagi-
Nift^kl ning what his intent was , hee on a (uddcn com-
lih.^xaf, 21. manded them to fall a gathering of Cockles, and fill
their
i
Oxt>nerp)ip of the Sea. Chap. III. 205
their Laps and Helmets 5 Then, faying thefc Spoils of
the Sea belonged to the Capitol and Mount Palatin, hec
vaunted as if hee had fubducd the Ocean it felf. Ac
laft, for a token or Trophie ot this mock-vidoric-
hee reai'd a very lofty Tower hard by, out of which
(as if it had been another * Pharos) Lights were ^pWojwasa
hung forth by night for the direction of Sea men in JowerbuUt
their Couries ; the ruins whereot beemg not yet pham by
wholly demoliihed , but for the mod part over- O^opana
whelm'd with water near Cattipiick, and very fcl- ufeercifghts
dom difcover'd , it is called by the Hollanders th^it ^^^^^hun^
dwell near it, ©^ItCnDUiSand X'J^UiS tCSweeU, mS!'^'
that is the Bm///; HouJ, or the BritiJJ? Tower. Certain by night.
it . is out of Suetonius , that a Tower was raifed by
Cali^uU in that place : yea , and it is maintcined by
divers (learned men, 2is' Hadrians Jumps the HgHan- _ „ ..
der, ^Wmam Camden out Countriman, and ^ Rtchardui cap.i6,
Vitus^ that chefe were the ruins of the faoieTowerj ^^'^/«/«/^f
though others denic it, as Ortdius^Cotzii*^, and ^ Clu- s^^z^^' ^^^'
VertM : And they make a doubc both about the ^Hijior.iib. \
Original of the name , and alfo its fignification • ? p^J "^^j^^^
concerning which wee difputc not. But am ex- Aiveis.cap.
trcmely mif taken, \i Caligula^ bythisAdion of his, ^OruUmf^
did not fo much negledt the conqueft of Bm^/w it ihefaur.ceo*
felf, which hee hoped or at lead thought of, as g''f ^•^^'[^•
Icem to Iport himiclr with the conceit or having
found out fo compendious a way of Vidorie. Hec
carried the matter as if hee had had an intent to
fubdue Britain ; and fuppolcd thofc Cockles , which
hee called Spoils of the Sea , -co bee Tokens of Sea-
Dominion, and as a mod fure pledg of the Britifh
Empire.
Moreover, it is upon good ground to bee con-
ceived , that there was one entire Territorie of the
Dd . Britijh
204- Book II. Of the Dommiony or ^
Britip? Empire , made up of the Land or continent
of grcac Brimn , with the Iflcs lying about it , and
the Seas flowing between in their rerpe(5tive Chan-
nels : which may bee colle(5ted , both from that one
fingle name of Bmi/^,comprchcnding an entire Bodie
of fuch a kinde of Territoric ( as was fhewn you
before ) aud alfo from hence, thai the very Sea it fclf
is, by Jlbategnlm and fom others, defcribed by the
name of Britain , in the lame manner as the Ifland,
when as hee placeth Thuk^ an Ifle of the Sea, in
Britain. That is to fay, juft as Sicily^ Corjica, Sardinia,
iL.g.f.tit. and ocher ifles in the Tynben Sea, have ^ in Law
fJl^ftiUe be^" reckoned parts of Italie^ yea, and continent
f^'S. thereto : For , Sicily (after that the somans became
Lords of the adjoining Sea flowing between^ was
^CkmAdi- called ^ ^gto Suburbana , as if it had been part of the
one2jnVer- Suburbs of ^omc i zt\t\ all thefe together with Italic
Tus)ib.S'cl^. ^nd the Sea it feif, made one Bodie or Province;
^9' fo all the Britip? Ifles before mentioned , wkh great
Britain and the Seas flowing about it , might well
bee termed one Bodie of Britain or of the Britijh
Empire^ foraimuch as the Seas as well as the Ifles,
pafled alwaies into the Dominion of them that have
bom Rule within this Nation : From whence per-
haps it hapned, that the Romans conceived the Britif?
Empire confider'd apart by it felf, to bee of Co
iPane^yic. g^^^at a bignefs, that ^Britain did not feem to hee com-
Maximiano prehendedhy the Sea , hut to comprehend the Sea it /elf, as
toSimihi. .^ .^ exprcfs'tby zhzz Tanegyriji.
Ihat
Onpnerjhip of the Sea. ChavIV. i6s
That the Dominion of the Britifti Sea^ fol-
lowed the Conqueft of great Britain
it felfy under the Emperors Claudius and
Domitian.
Chap. IV-
AFcer that the more Southerly part of Em^m had
been brought into fubje^ion by the Empcrdr
Claudm, and the Ifle of Wight taken in by
furrender, the Britijh Sea , as of ncccfsitie following
the fate of the Ifland, was togiccher with it annexed
to the Koman Empire, at lead fo far as ic was
ftrctched before that part of the Ifle which was (ub-
dued. Whereupon, a * Poet of that Age write's thus ^^ll"^^,^'
to the Emperor Claudins touching the Conqueft of Ub.i.&m
Britain, # ^'?^f;^^-
' Poet, lib, I.
Aufoniis nunquam teUus violata triumphis,
ISla tuo^ CtefoTy fulmine procubuit.
Oceamifque tUM ultra fe rejjficit aras*
' dui finis mundo efi, non trat Imftrio,
XDSf sattn xt)()ete Roman %t(ttmp5tf ttm
appgaro»
^trticfe D? tfjp «sDtnfng, Caefar , ttotbn fe
^mce tDou bepono tge ^ea t)aa ;^ar«
tin 7.
D d 2 And
2o6 Book II. Of the Dominion^ or.
And then hce goe's on,
Euphrates Ortm^ Rhenus reduferat ArEios ,
Oceanus medium Venit in hnperium.
Euphrates caftHjato WO tl)? Cmpfec bounfi,
Zt(b on ttje 0on^ ttje mijene,
%f$t iDcean m tDe mtUMe beetttjj piac t,
IDiDlteagpattbetiDeem
Here hec faith, that the Sea it fc!f was with Britain
fiibducd to the soman Empire j as afcervvard alio
hee /peak's more exprefsly.
At nunc Oceanu4 gtminos interluit Orbes '
Tars eft Imperii^ Terminus ante fuit,
jBnt notb tDe^eabetmrt ttt)ott)o^itifi;tiotD
%^t etnpiv g patt tb^cD ^^^ tts! eonnn
till nollj*
Jhe ^ritip? Sea was the Bound of the Roman Empire
betvVeen France and Germanie. But immediately after
the Conqucft of Britain it became a part of the Em-
pire. Hee proeeed's again thus-
Oceanus jam terga dedit ; nee perVtus uUi
Qi^efareos fafces , imperiumque tuUt.
%f^t s>tas fubtin 0 ; ant> tgottsl) it vom
till notD
^pen to none, to Caefars ^MJOJO Ootft ©0«).
And then,
lUa procul noftro femota^ exclufdque c^h
Alluitur noftro, VtEia Britannis aqua.
Xl)ousi) conoitteto Britain fat from ttS 00 lie
XftenjatetsotttiBftDatontlje (5o?efloxb'sbp*
Hce
1
OmerJhipoftheS^d. CftAP.IV. 20^
Hec call's the Sea Our T^ater^ beeing no lefs conqucrd,
than the Ifland it fclf. From whence aifo hce write**,
that the Roman Empire was begirt with the Ro-
man Sea, to wit, after Britain was (iibdued,
^ Quam pater inviBis TSlertus ValtaVerat uniU,
quer D waters*
The Empire of the waters ever followed the Domini-
on of the Ifland. And ^ Seneca, concerning the fame ^^" ^ ''^' *
Emperor and this Sea, faith j
.= paruit liber diii
Ocemu^^ Cr recepit inVttus rates.
En qui Qritannis primus impoftdt jugunt^
Ignota tantis clajitbus texit freta.
XOe long unconauer ti S^ea obeWence 5m,
ZnDy t^usrt) ttntbming, Did t)is fljips receifa*
J^e^ etft tfje t^ncains to tt)e pofte bjottsfjt DoiDn,
:anb xbitf) Ditge ipabies cober d ^eas m^
Moreover, the fame Author in Apocolocynthoft -^
Juf^tt <s' ipfum
^ipV^ ^oman^
Jura Securii
' ',Tremere Oceanum.
^^ gabe netb J^attjs uttto tOe ^ea, as; Eo?o>
Znh \\\m ttti:emWeattl)eRoman^lj)o?D*
This is plainly to bee underftood of the Brttijh Sea.
And Hegijippu^ an old Autor (reprefenting the pcrfon
of King Jgrippa (peaking to the Emperor QlauUm)
faith, ^ It Wis more to have pajfed over the Sea to the c veExddh
Britains , then to have triumphed over the Britains them- f^Jerofoiymiu
D d J . felvs ^ ^
2o8 Book 1 1. Of the Dominion^ or,
fehes. !Sut tiphat codd they do , Tifhen the Elements Tbfre
once fuhdued to the Roman Bnpire f The Sea taught
^InClaudio, them to bear the yoke of ferVttude, after that it felfhad
^^^'^7' ^^ jj^ arrival of the Roman Shifting acknowledgd an
unufual fuhjeSlion. Hence it was alfo, (as ^ Suetoniui laith)
that in honor of the Prince , the rcfemblance of a
ship vvas fixed upon the top of the imperial- Pa-
lace. But thefe particulars relate onely to the more
Southerly part of the Sea. Qaudins never had any
Navie fail to the North j For , his Conqucft reached
not lo far. But thc^^ow^w (ail'd about the Ifland firft
in the daies of Dowirww, and then it was, that they firft
difcover'd and fubdued that remotcft part of the Sea.
Tacitm^ in the life of yfgricda who was Lievtenant
in the Province of Sritain^ faith , the Roman Navie
failing then the firfl time ( under Domitian) ahouc the
Iflmd , affirmed this Coajl of the remotejl (Caledonian)
Sea to bee the I fie of Britain^ W hee difcoy^efd and fubdued
alfo thofe Ifles called the Orcades^ "^^hicb had been unknown
Mthat time. To the fame purpofe alfo (peak's fuVenal,
*Satjr.2. * arma quidem ultra
Littora JuVernd promovimu^, i^r modo capiat
Orcadas.
m t)at3e bom one Zvm lotftm tge itiOi
:^tti) t^ Oread's guanos mfiO^ xuete lateip
tsnt.
Lately taken hee faith, that is , in the tfmc of Domi-
tian. And therefore it is a manifeft error in Eufebias
Hieronymiinus, who faith, That Claudius added the Or-
cades IJles to the Roman Empire: yet hee is followed
by Oroftus ^ Capodorus ^ Eutrofius ^ Bede^ TSannius^EtheU
werdus^ and others. But the contrarie is fufficiently
proved
Ofpnerjhip of the Sea. C h a p . 1 V. 2 op
proved out of Tacitus alone, a very grave Autor, and
one that lived at the (ame time; But as to thofc
paffagcs found in ^Valerius FUceus , * Silius Italicus, ^^^^g^nmu,
^Statm^znA others, touching the Caleddnians and ^Punk.iib.u
Thule's becing (ubducd before the daies of Domitian, ^Sjivarum,
they are fo to bee underftood oncly, that wee are to trefUc! ad'
concciv cither after the manner of the Poets, that the Cnjpinum,
name of the more Northerly Stains ^ is, by the figure ^',p^^^;j;f
Syfjecdoche^xxihd for all whatfoever, and Thuk k Ct\f fubriteiUo]
for any pare of Britain -^ or elf that the Caledomm ge- ^J'J^^'^"^^
nerally among the Romans ^ fignified thofc Emains
that were but a little removed from the Southern
Shore, for, even ^ Florae writes, that Julius defar purfued i Lib.^.caf,
the Southern 'Britains into the Caledonian Woods : That 1°.
is, plainly, into the Woods of the more Southerly part
of Britdm : Bat when Julius Agrtcda bad , in Domi-
tiau's time, reduced the ifle by force of Arms both
by Sea and Land , and failing round about with a
Navic, had difcover'd the Caledonian Sea properly
fo named on every fide, which the britains (as hath
been obferved alreadie) called the y^cm part or Clofet
of their Sea, and had taken in the Orcades-^ wee
ought to conclude that then that more Northerly .
Sea alio was added to the Roman Empire , and (o
that the Romans were Lords over all the Britifl? Sea,
no otherwife then ofthelfland: Which alfo is con-
firmed in plain terms by Tacitus , who (peaking of
Agricolas defign to war upon the Caledonians^ faith, hee
firfl proViJeJ a. Fleef ^ l^^ich attended in gallitnt Equi^
page fo hack his Forces ; at '^hich time hee profecnted the
"^ar at once both hy Sea and Land , and oftentimes in the
fame Camp ^ the FJorf and Foot and the Sea Souldtersmir^"
Itng mirth and companie. together , extoWd every one their
own hazards and Adventures-^ one "t^hHe they boafled the
heights
210 Book II. Of the Dominion y or,
hii^ts of Woods and Mountains ; another Ti>hik the dangers
of Storms and Temfefls'^ Jem <vamted of their exploits
agatnii the Enemie by Land , others of their Conquejls by
I Sea^ mitking comparijbns, fotddier-like , Ti>ith many brava-
dos. The Britains alfi^ as it ttfos tinderflood by the ^ri-
pners , Tbfre at their Hfits end upon the fight of his Navie,
iis if upon this opening the Clofet or fecret part of their Sea
there remained no farther refuge in cafe they Tifere oVercom,
This is a moft clear Teftimonie touching the Do-
minion of thcSmi/^ Sea, (hewing that the (Britains
and Qaledonians firft, and the Komms afterward be-
came Lords thereof. A doubt hach been made by
learned men, whether inlargement of Dominion, ot Con'
quefi by Sea , fhould bee read in that place : But both
the Readings plainly point out an acquifkion of Do-
minion. And if you read inlargement of Dominion by
Sea y it fignific's that the Caledonian Sea was then an-
nexed I to the ocher Sea , which together with the
more Southerly part of the ifle , had by the Emperor
Claudius been added to the ^man Empire, And that
the ^ritifh Sea was thus reduced at that time under
the %oman power, as a perpetual and infeparable ap-
pendant of the ifland, was perhaps conceited by
^thMdos, ^Tapinim^ when hcc thus belpakc Domitian^ in whole
^^•*' time this Conqiieft was made of the Britains*^
maneas hominum contentus habenis ^
Undarum Terr^que potens
HongmatfttDDttioptntDe Command
£>f men» mh ivoav bo tD ^ta ano fLmn:
S 2 E- Truly, a Mate Writer alfo faith, thzt Julius Cxfar did
fiji. VedicMt. ajfert to himfelf a Dominion over Britifh Ifle and Sea.
dlpirtu'^' And this hee faith upon very good ground, whilft
Iccio. hcc join s the Dominion of both togecher, as undi-
vided
I
Ownerjhip of the Sea. C h a p . V. in
viJcJ; but upon n-onc at all,^MlM^-ce afcribc's oncly
a Dominion of the Ifle to thc^mc Cafir,
Touching the Dominion of the Romans in
the Britifli Sea y as an appendant of the
llland^ from the time (?^Domitian to the
Emperor Conftantius Chlorus, or Dio^
cletian.
Chap. V. »
BUc the Komms having (as wee told you before)
fubducd both the ifiand and the Sea that roll's
about it J as they managed the Government by
Prefidents and Lieutenants at Land , fo by a chief
Governor ctWz^ Archigukrnm y with a numerous Fleet
at Sea. For , by that name was the Commander
of the ^rk'tfh Navie called (or elf Arcbigubernm, as it
is in the " Fbrent'me Panders) which appear's al(b by m Anmma
the Epiftles of Javolenns , a Lawyer ', that lived un- M^^f/»- -^^
der the Emperors Adrian and Antoninus TiM. Seitis froprHs.Pan»
SaturninuSy^iithhf'C, Archiguhernus ex claJfeBritannica^'^^^^'^^'^^^^''
CDief dSObetnO? of tlje Britifli /liable, fe/r Valerius TpMud
^aximus, Ca^tam of a three-Oard Gaily, his heir or Feofee in Smatujcon»
trufl by Win j requiring him to yidd hack the inheritance ("«^^//^^^f '*
to his Son Seius Oceanus, asfoon as hee Jhould heefeyenteen
years of Jge. But the Homans forefeeing there would
bee a great deal of trouble and but fmall benefit, in
fubduing and holding the Caledonian Britains, they^ lea-
ving the North part of the Ifle to the barbarous
people , and retiring towards the South , did fo li-
mit their Land- dominion by rearing up Mounds ot
Walls before it, that wee muft of neccfsicie fiippofe
their Dominion was but fmall likewife by ^ea,
Thofc Mounds or Fences ate frequently mentioned,
Ee in
Ill Book 1 1. Of the Vominion, or.
^fthel
* That is to
fay , Tork^
pire,Lanca'
fijire, Bi/jbop.
rici^otDwr-
merlandidind
Cumberland.
* Cluyd and
Forth, %
o Eutrofius,
bifl.9.
in the Hiftories coHMng the Emperors /4drian^ An-
toninus P/«y,and SevenJ^ut by that Fence which Mritm
made and SdV^rwf repaired, bceing either a Wall or a
Trench drawn through the.* North parts, from the
Eaftsrn tothe Weftcrn Shore, the Terntorie of the <t(^^
mam was confined almoft within the fame Limits
which had bounded the Conqueft of Claudius. But
the other , which parted the ifland in the middle
between the EJluaries of * Glotta and * Bodo'ria^ bounded
the Roman-Britifh Empire under Antoninus fius , and
after that in the time of Valent'mian^ Valens , and
divers other Emperors their Succeflb rs .- So that per,
haps the ^mms afterward had not much more of
the Norchen Sea in their Dominion , then what
wafhed the Borders of thefe Territories. But after
seius Saturnims , the afore-mentioned Commander in
chief of the '^rkijh Navie under Adrian or Antonims Tins
there is a deep filence among Writers touching the
Sea-affairs of Britain, and almoft concerning Britam
it ftlf, till the daies of Diocl tian. And under Diocletian
the 'Britijh Sea bceing infcfted, all along the Coalt of
Britanie and Belgium ^ by the French and Saxons ^ cane
was taken to quiet and fccure it by fending for#
CnQaraufius^ a man indeed of mean parentage, ** bat
expert both in Counfel and Adion. And Geffrie of
Monmouth writers, that hee made fuit for this Govern-
ment of the Sea, and promifed to perform /0 mat^
and fo great matters for the advantage and inlargement of
the Common'^eaL more then if the Dominion of Britaia
P?ould hee committed to his charge. Butropim alfo, fpeaking
of the Infefters of the ^ntifh Sea, over which this
man was made Commander in chief by the Em-
peror as Lord thereof, fo far as hee cnjoied the Do-
minion of Britain, faith, that hee oftentimes taking many
Otifnerjhip of the Sea. Chap.V.
«/" the barbarous people , and not delivering the pri;^s to
the Untenants of the IProVmce , nor /ending them to the
EmoerorSy referred them to himfelf -^ therefore ftfhen it be-
gan to bee fufpeSled , that hee permitted the barbarous peo^
pie on parpofe to fall upon thofi that conveyed the Tri:^Sy
that by thti means hee might enrich him/elf^ a command bee-
ing given by the Emperor Maximianus to kill him, hee
thereupon turnd Ufurper 5 and pojfejfed him/elf of Britain.
Ac length, having fortified himliclf both by Sea and
Land, hee held the joint-Dominion of both for 7 years,
as infeparable ; bceing llain by his companion Q Alle-
Elu6;M\o enjoicd the fame 5 years as his Succeflbr. And
then hee alfo (after hee was brought to fo low a pafs by
the Emperor C(»i^4«fmx Cfc/or«f,whohadcros*£cheScain
perion on purpole to reduce him , that hee knew not
what to do, and fecm'd to bee imprifoned rather then
fortified by the Sea, as faith the ^ Autor of the Vanegy*
rick to Maximianus) was at length, by the valor and con-
duct of the Prctorian prefect AJclepiodotus^ overcom and
(lain : And thus both the Ifle and the Sea together was
recovered after ten years time, fo far as it flow'd before
that pare which was under the ^B^an Jurifdi-
(5tion. Nor was it upon any other
ground, then this ten years ufurpa-
cion in 'Britain, that thole Coins
were made with the Infcriptions
both of C Caraujius and C. AlleSius
IMP. C. CARAUSIUS P,F. AUG.
and IMP. C ALLECTUS. P.P.
AUG. But wee have placed here a
counterfeit of that brafs Coin which
was made by ^lleBus , that you
may obferv the thrce-oar'd Gaily on
the rcvcrf of it, with the Infcripcion
VIRTUS AUGUSTA , whereby 1
21J
p Pane^y-
rickr Si mihi
Ee
concciv
214- Book II. Of the Dominion, ovy'
conceiv hee gave to undcrftand, chac this Empire of
Britain chiefly depended upon che Dominion of the
Sea flowing about it. Touching the recovery of !BrL
tain thus together with the Sea^ there is alfo a notable
Teftimonie in that Panegyrick, whereot fom conceiv
Mamertinusj others Eamenius to bee the Autor. 0 how
great is this VtBorie (faith hce) and Tiforthie of innumerable
Triumphs ! Tlfherehy Britain is recovered , fi^herehy the
French are utterly dejlroyed, Ti^herehy moreover thfe ma?iy
TSLations that Ttfere engaged in the fame miJchie<vous conjpi-
racicy are forced to a necejsttie of yielding; And laflly^ for our
perpetual peace ^ the Seas are [couri and rid ofTiratsl Glory
theUy 0 unconquerable Cdfar ( hee fpeak's to Conflantius
Chhrus, the afore-named Emperor ) that thou haU pur-
chafed another tporldy and added to the Empire an Element
greater then all the Earthy by refioring the ghrte of the Ro-
man power ly Sea. Hee faith a greater Elimenty in a
rhetorical flourifli, in ftead of the 2riti[hStz, which
hee thus exprcfsly aflSrm's to have been recover'd
together with 'Britain it fclf. It is obfervable alfo,
that the Romans alwaies (b (pake concerning the Em-
pires, of Britain, aiid of the Sea called by its name>
as inieparable. Making mention like wife of that
peft, which confumed onely within the bowels of
Britain, or of the imminent danger then attending
the Roman Empire, It ttfm hounded (faith hee) lib/Vft
m mountain or rifver , Tbticfc y^^as not fecured by Guards
at the place af pointed. But although Tt>ee Jhared in your
<valor and felicitie, yet like a Ship it tipas expofed in every
place to great terrors , Tlifherefoe<ver the Seas are fj^red or
the Hfinds do blow. And a little after, faith hee. By
this VtBorie not onely your Britain is redeem* d from Taf
fdage^ hut fecuritie of traffick refiored to all Nations ^ Uplnch
m^t haVe run its great ha^^d at Sea in time of "^ar,
as thif gmn benefit by peace. Hee cxprcfsly call's the
v'-^ - . . Go-
.ii
Ov^nerjhip bftht SeA. C it a p . V. '21?
Governmem alfo oi AtieHns a F$ixe vf RehelTm hy Sea^
and it appears J faith hce, that the rtHry Ifle of Britain, %hich
hadMcr'd atreafm i>f fo Img <0HttnH4Hce^knmde fenfihkof
your Vtciorit hy heting refiwed unto it felf Together ^'kh
chc Conqueft of \^ritaiH ic felf , all the ftfcngth of
Shipping was loft, which^ upon A^Hm his ufdrpii-
tion in Britain ^ muft needs as a perpetual Concomi-
canc of the ifland, have been of very great ufc againft
the Emperors. But the Tanegjrijt goe's on 5 In othtr
prts indeed font things remain T^hich yee may acquire^ at
you pleaf or fee cauj; hut hryond the Sea fiphat Tifos lefi
except onely Britain ? "U^hich yon haye fo recoVer'd , that
thofe T^ations alfo ttfhlch border upon that IJland, are Tifholly
atymr defv$tm. There is no occajion to proceed farther ^
except you defgti (that It^hith is impcfihle in natttre ) to
finde wt the houndi of the Sea* What Natibni are tho(e
here chat border upon Britain^ except thofe that lie be-^
yond-Sca , whofe Shores were conjoined with the
Britidi Empire as it was then accounted, or with the
Sea-bounds of the Ptovincc of (Britain^ thatis^ in the
Btitidi Sea ? As the French , and the other adjoining
Nations. For, ic is not CO bee utiderftood of thofe little
Ides which are next to us ; their Inhabitants not beeing
worthic the repute of Nations. Not vvas it agrees
able to the Majeftic of a Panegyrick ^ to aggrandife
the Emperor's gloric by fuch ^cttk things. But by
and by in the following Chapters Wee fliCw^ that thofe
Nacions adjoining to che bounds of Britain , or whofe
bounds are united to thebodie of the Britidi Empire^
were thole very Inhabitants of the continent of Fr4«c^,
whofc Shores are contiguous to the bounds of the*
Bricifli Sea , which in a civil fcof was accounted a
part of the Ifle it felf, or Territorie united therewith.
For^ the Panegytift ptocn^'i thiH c^ the explanacioti
** I of
ii6 Book II. Of the Dominion, or,
of thofc words : Sy the means of thy ViSlorles , 0
Cond^ntius , mofl <viBomu4 Emperor , all thofe parts
that lay f^afte and deJoUte about the Qomtrie of Amiens,
and Bcauvois , and 1 roics , and Langres , mw thrives
again by t^e labor of the rude Hmhandmm, in like man-
ner, Carolus sigonm , ouc of the fame Autor , faith,
*Veocciden' ^ ^y this <vtBorte not onely Britain it felf Itas recover d^
Ub'i!"^^^'"' ^"^ ^^'^ ^^'^ft^ ^f Prince aljo^ Spain , Italic, and Africa,
Tl?ere freed from the perpetual incur lions of ^irats. That
is to (ay , by the takmg in of Mtain, with the Sea,
and the naval ftrcngch that was its Guard , not oncly
the neighboring but even the remotcft Provinces
bordering on the Sea , were made Iccure and free,
feeing they were all threatned by this war or rather
rebellion by Sea, Tt^hich might have raged and "^andred
Oi ttfide as the Ocean, and into thejlreights of the Mediterranean
hea ; which are indeed the very words of the Panegy-
rick. So that you fee, to reftore or reduce Britain^ to
recover it , to (upprefs a Sea^Rebellion here , and to
Icoure this Sea , were eftecmed under fuch a con-
fideration, that, the one beeing don , the other fol-
lowed , by reafon of the infcperable Dominion of
the Britijh iflc and Sea together. And when Britain
was loft, the Naval Forces of the Romans , whereby
the Sea was guarded, were loft in like manner. But
when it was reduced^ even ihefc alfo were reduced
together with the Sea.
.u.*,,.
*
Touchii
mg
i
Of^nerfhipoftheSea. Chap. VI. 217
pouching the Dominion of the Southern
and Eaftern Seci^ as an Appendant of
the Britifti Empire, from the time of
Conftantine the Great till the ^mans
quitted the Ifland, That it 'Vpcu all un.
der the Qommand of the Count of
the Saxon Shore throughout "Britain.
Alfo concerning the Britifti Navie, under
^/?^ Romans.
Chap. VI.
IN tVie following Age, the manner of Admini-
ftracion of Governnocnc beeing changed about
the time of Cmjlantim • as the Tretorian ^reftB of
Gallia had a Deputie under him to order the Civil
affairs of Britain . and as the Magijier Militum occi-
dentis ' Hce that commanded the Militia of the Weft
had an Officer under him called Comes Sritanniarum,
Count of Sjitam > and Dux Sritanniarum, ^\M
, Ot tSjltatn, who commanded Forces for defence of
the Midland parts of the Ifle : So the faid Magijler Mi-
hum was wont at his own difcretion to appoint
fpm perfon of eminent dignitie to bee his Subfti-
tntc, by the Title of * Count of the Saxon Shore * ^othu
^oughut 'Britain , with Command over the Garrifons jZu^Oc-
and rortifications placed upon the South and Eaftern ademis.
Shore of "Britain , and over all that Sea which flow's
between France ^ Spain , Holland, Denmark, and great
Brttainy as ovgr a pare or bound, not bounding, but
bounded by the Britifl? Empire, no otherwife then
as
2i8 Book II. Of the T)ominm, or,
as a diftind Province of the fame Empire- as
moft eminently appcar's by the very Title of the
Dignitie or Command. For, the Duke o/ Britain
and Count of Britain , were as the Count of Ttngitama^
the Count of Sfdin , and very many others of the
like kinde , denominated from thofe Lands and
Countries over which they were put in Command.
And (uch of thefe Dignities or Commands as were
for defence of any l^rontiers or Borders, took name
ever from the Borders. Upon which account ic is,
that among the Imperial Offices or Commands
wee meet with Comes Imltis ^gypti , tl)0 COUtlt Of
))StL tec Egyptian ibQtm, " the fnfea of .Euporam^
ent. the ^ ^refi^^ti of the Bank of Danubm j and the ^ Count of
' Infcrip. J)anuhms , and thofe * to Tifhom the Charge and Defence
1090.21! of the river ^hine Tb4f commuted : For thefe Rivers
lbjdfoi.^90. were Bounds or Lirr.ics of the Roman Empire. And
Apiiinarisin ^^ ^^ ^^^ opinion of Mearncd men upon good ground,
fanegyric. that the Couuts or Oukcs of 5y««e are meant by
Amhmio ^j^^j^ words concerning the River of Khine. But as
Tljeodof.ik thc Northern and Eaftcrn Bounds of the ^^mm
7.tit,i. Empire were denoted by the names of the Rivers
Freb7rJ"o-' I>anubiui ^ Rhine, znd Euphrates ^ io clearly alfo the
rig. Paiatin. name or Limit of the Saxon Shore pointed out thc
t^rt.i.caf.^.- £^^gj.j^ ^j^j i^Qjg Southerly bound of thc Britifh
Empire, or that which was reduced by the name of
Britifh^ as an entire bodie, under the Roman power.
So that whatibever reached as far as that Limit,
by properly under thc command of the Cowit of the
Saxon Skre in Britain^ as Governor of the Sea-Terr itorie,
as an appendant of the Ifle. But that Tcnitorie or
Province fubjccJt to this particular Dignitie or Com-
mand, leached through thc very Britijh Sea, from
thc Shore of Britain to the Shores on the other fide
of
Oif^nerfhipoftheSeA. Chap.VI. i\^
of the Sea, or thofe which lie over again ft oiit
llle of Britain , in France^ the Lo» Qomtrks^ HoUanJ^
and Denmark; To that what Sca or iflands foevet
lay bccwecn near the BWf</^ Shore, appertained all to
the Command of the aforefaid Count , as to the
charge of an Admiral belonging to a Province or
Tcrritorie.
But that thofe oppofic Shores were all known ac
that time by the name of the Saxon Shore, is evident
both out oi Ttolomie ^ Mardmus Heracleotes^ Zofmu^,
2nd the like, and alfo oiu of the Rcgiftcr or Brevi-
arie of the Dignities of both the Empires. For,
s Ttolomie and ^ Mardanm place the Saxons at the en- ^ Geograpb.
trance oi the River Elbe which lie*s near Cimbrica
Cherfone/M or the Weft-part of the Kingdom of Dm- * ^« ^'"'t^'-
marky as alfo in Cimhrica Cherfonefus it lelf. And thae
Shore took the name oi Saxon from their firft and
moft anricnt habitations. But beeing the moft emi-
nent people of Germanie , they by driving out their
Neighbors enlarged their habitations Southward, all
along the ^ataVtan^ 'Belgick , and French Shore. From
whence * Zofimus writc's, that about Conflantines ^HijiorMb^,
time , they poffefted themfelvs of the Hollanders
Countric at the entrance of (2(fc. And becauf they
feated themfelvs near thefe Shores, and by their fre-
quent excurfions thence infefted both Sea and Land
all along the Sca-Coaft of Frante ^ it was called not
onely the Shore of thofe Saxons , or the Eaftern
bound of the Wttifl? Empire j but al(b that Be/gicA
atid the whole Gallicane Shore , which lie's over
agalnft our Ifle of Britain , was term'd the Saxon
Shore^ and the Saxon limit or Border, Touching the
Shore of Denmark and Holland^ where they had more
inlarged their habitations , the point is manjfeft by
Ff what
210 Book II. Of the Dominion^ or,
what wee have alreadie mentioned. And the Regi^
ftcr or Brcviarie of the Imperial Dignities (peak's
expicfsly in like manner touching the Mgick and
GAOican Shores. Fot^ in it wee finde, that under
the charge or comnund of the Duke of the Tradt
^Brtiaignm ^^ ^ Jrmmc(X (which reacheth from the WeJlemGd-
Trance. Ua, OX from the mouth of the River of Loire to the
entrance of Seine) there was a Tribune ofthefirft new
hand of Souldiers of Armonica and Grammona upon the
Saxon Store. There , the French Shore lying over
againft our South part of Britain, is called in plain
terms the Saxon Shore, For, in the fame Breviarie^ under
the Command of the Duke of that part of Belgica
fecunda^ ( which reacheth from the entrance of the
• River Seim to that of the River Mi^e , and com-
prehend's Flanders ) wee finde Eqmtes Ddmatas Mar-
cis in littm Sdxowjco, Dahiiatian J^jfmttl at tfte
|50)0et£i on t^e Saxon ^DO^e^ And the Saxm
Shore is evidently fct forth in the (ignal Ornaments
of the (ameDuke. So all that which reacheth from
Gmhrica Cher/mfui or the Weft, part of Denmark to
the Wejlem Gallia , is exprcfsly call'd in the Breviaric
the Saxon Share , which hapned not onely from the
frequent depredations made then upon that Sea-
Coaft by the Saxons , but by their Excurfions and
often acquiring of habitations all along that Shore.
So that nothing could have been more plainly (poken,
to fhew that the whole Sea lying between , was
poflcfTed at that time, as an appendant of the
Ifland, by the Lords of the South-part of the lile.
except a nun fhould fuppofe, that thofc places
which arc extended from the proper habitation of a
(wnti Duhy or any other Officer in Command for
defence of Borders, unto tbofe Borders from whence
hce
Ovpnerjhip of the Sea. Chap. VI. Zii
hcc was denominated or entitled , were not fubjedi
cither to his Jurifdidtioa or to the Dominion of
thofe that beftowed the Command upon him.
Which truly is abfurd , and wholly different from
the ufual adminiftration of the ^man Empire. But
that Count of the Saxon Shore in 'Britain , had his
proper places of abode oncly in Britain ; and, under
the Romans , that Magiftrate belonged onely to BW-
tdn. Nor were thoie Saxons any other tnen Ene-
mies. And their Shore, fb far as they pofiTetfcd it,
was an Enemies Countrie. Moreover, th.is Count
had Houfes , at his own pleafure , in either of thofe
Garrifons, Towns, or nine Maritiro Cities, which
beeing feated upon the Shores of ^ufjex , I^ent^ BJJex,
and l^orfolky hee alwaies had them pamced out near the
Sea, and added to his grand Commifsion , for the
fignal Ornaments of his Office. The names of the(e Ci-
ties were Otlxina, Dubris, Lemmanis , Brayiodunum, Gar'r
anum ^f^gulbis , Mittupds , Ander'tdos ( or Anderlda )
and Tortus Adurm. Befides-, both the Deputie of Bri-
tain^2ini the Duke, and Count of^ritainy had their fig-
na 1 Ornaments aiven in like manner with their
• ,-4
Commands. This had a pourcraidure of the Ifle
it felf, drawn in the form of a Caftle forrifi-
cd in the Sea. The Duke had certain Mid-
land Towns. And the Deputie thofe five Pro-
vinces into which the Ifle was divided by the
Momans ; as you may fee in the Breviarie ofDh.
nities. Where the aforc-mentioncd Arms ofthc Cowwf
of the Saxon Shore are rcprefenrcd afcer this manner,
F f 2 to-
iiz Book I L Of the Dominion^ or.
/TTv^s»^
to wit, the very fame that was wont to bee drawn
in his Commifsion. But as to what concern's thofc
Maritinci Cities or Towns in thefe Ornaments; if
l«t'Sr ^^^ "^^y believ"^ fuch as are well vcrft in the affairs
(exia,can\io, of Attain , OthoHd was fcated upon the Shore of the
fofcu''*'^'^' ^^'«oi&<iwfex which lie'$ before ^tngjl hundred in
the
O^vnerjhip of the Sea. Chap.VI. ii2
the Countic of EJfex. Dubris is the lame with 2D0'
\ytt' Lemannis was placed about J^ltl) on the i\mu[h
Shore. 'Branodunum was no other but l(5^nCt)0(l0t
upon the Shore of Norfolk near the walhes between
that and LmrolnjJyire. Garianum was either <I5CVn0^
niUtl)9) or fom place near it. Begulbium or ^gtdhis
was lituate upon the Northen Coaft of Kent , bec-
ing called now 3R0CUlt)0C. Rittufts or nhutupi^ was
feated in ^e?it at the entrance of the River Want/urn-
Perhaps it was the fame with 3StC|)b02Dtd ^w^^-
ridos flood upon the Bank of the River Kothermouth,
and is now called jI50tbenD0n* And laftly, Tortus
Adurnl became a little Village, now called ^lOitttStOtt,
near ^t)0;tCt)^tn upon the Coaft of Suffex. But the
very Form and Fafhion of the Book pictured in
thofe Ornaments , which in the Manufcript Copies
of the BreVtarie (as TanciroUus faith ) is of a purple i Ad Notiti-
or yellowifh color, did fignifie the Inftrudtions of the ^'"^^g«^-
Empcror. And if wee may belie vPawaVo//«y, the Let- tisycaf.y2,'
ters infcribcd upon it fignified in the Notaries lan-
guage, Feltx Liber injunBus Notariis laterculi, continens
Mandata ordme frincipis , feu Trimiceriij who was the
principal Notarie, The very fame Infcr-iption is
(bmtiroes found in the Ornaments of other Go-
vernors. But who they were which the Count of the
Saxon Shore throughout Britain had under his own
Command, for defence of the afore-mentioned Do-
minion by Sea , and what manner of Officers , is
exprefTed in the 'BreViarie after this manner j
Suh dijpoftt'me virif^e^abilis, Comitis litoris Saxonki^
per Britamiam.
Trdffofitus numeri Fortenfiuniy Othon^,
^Yi^pofitus Militum Tangricanorumy Duhris,
f f J Tr^f.
ii^- Book 1 1. Of the^Vommion^ or,
Tr£[H)litu4 numeri Turmcenftum^ Lemmnis,
^I'dpofitM ecjuitum Dalmatarum ^ranoiunenfis ^ 'Bram-
duno,
Trd^Jttus equittiM Stahhftani Ganiofienfis , Gariamtmo»
TribwiHS cohort is pnm<t Veufiotum , ^gtdbio,
Tr^poJttHS Legionis fl Aug. Kutupis,
Trdpojitus numeri Abtdeorum, Andtridtt.
^)'i€poJltu4 numeri Ex^oratorum fortu Adumi,
Officfum autem habet idem Vir SpcBMlis
CotneSy hoc tnodo»
Trimpem ex officio MagiHri Tr^fentalium a farte fe-
ditum,
ISluinerarios duos ^ utfufra, ex offcio fupradiHo.
Comicularium j . •
Adjutorem ;
SubjdjuVam ;
Regendarium ;
Exceptores ;
SinguLires^ <^ reltqms Officialts,
The nam€s both of the Souldicrs and Officers arc to
bee found in Tancirollu4 ; this bceing no place for a
Commentarie , to explain them to fuch Readers as
are not well vers't in the Storieof the I^owm» Empire
in its declining ftate. But I fhall give an account of
their numbers, as it is caft up by fanciroHus , that you
may the better know what thofe Garrilbns were
which were imploied at that time, to guard this Sca-
"^Adnotitiam appendant of the Britifli Empire. " Under this Count
caf.ji. C»aith hee) Tb^ one Legton or Kegiment perhaps of a
thou/and Foot , and fix Companies ; perhaps one tlmifand
two hundred, and two Troops of Horf almoft two hundred.
The Tickle iunount's to dmofl two thoufand two hundred
Foot
Ort^nerJhipoftheSea. Chap. VL 2Z5
Foot , and two hundred Horf. For, " Conflantinus For- « lh,^ de
phyrogenncta 1i>rite's^ that at this time there !><*« a Re^i- ihmatibm
ment of a thoufand Foot. So hce. Now, the Ships and
Souldiers belonging co the Navie are not mentioned
in the 'Breviarie, at leaA not by this name. But as there
were Troops of Horf difpofed againft the Landings
of Enemies (in cafe any fhould happen -,) fo there is
no reafon to doubt , but that the Souldiers belonging
CO the Navie were lifted in the Companies and Le-
gion. After which manner likeWife FlaVm Vegetm
laith, that/" at Mifenus (now called Monte Mifeno) ° ^^.f^^^^'
and at ^a^enna^ federal of the Roman Legions continued cap. 21.
T^ith the Fleets , that they might not hee at too great a
dijlance from guarding the Cttie , and that they might
ds occafton recjtdred^ hee tranjported in Whiffing to aU
parts of the Tiforld. Hee reckon's thofe Souldiers be-
longing to the Navie, among the Regiments of
Foot ^ or under their Name. But in the mean time
it i$ to bee obfcrvcd , that the ^ moft diligent In- p lipjfMs de
quircrs into the Roman affairs , whilft they Treat of ^"'^nitu-
their Fleets , do bcfides that of Kavettna and ^ Mifeno J^UbTi'
(of which this latter lay neareft to France^ Spain, ^''h')'H&
Barbarie , Africk^ ^^>P^> Sardmia, and Sicily-^ the c/f.Bufflit^
other was wont to fail in a diredt courf to B[Hrui^ ger.de impe»
Macedonia, Achaia, Tropontis , Tontus , the Eaji , Crete, fbf.Z7'
and Cyprus ; which are Vegetim his own words . s T>e quibu$
both of them beeing firft inftitutcd and appointed \\^^ T^^a*^^
there by ^ Augufttis Cttfar, to guard the Provinces
bordering upon the Sea, with the Sea it felf , and ! -^«^'««^^
called alfo Pretorian^ for the more reputation) they c^p^.
do (I fay ) for the moft part add onely two more
that were fet forth to Sea, but of lefs account.
The one was placed at Friuli, in that part of e Tacit, jtn-
FratKe called ^ Gallia Narbonenfs , The other in the naL^Strai»,
Yery ''^'^-
zid Book II. Of the Dominion, or,
^jofcfh.Ha- ^^''y ' Buxin Sea. And ic is for the moft part agreed,
io[Mb,2.caf. that the Romam had onely four conftant or more
*^* eminent Fleets at Sea. They do indeed fighriy
add alfo fbm other conftant Fleets which belonged
to Rivers, as that of the Klme'^ and T>anubius, of
which fort alfo may bee reckoned that belonging to
Myjia called M^fica , and another alio belonging to
Tamonia or Hungarie called harmonica ^ and others of
the like nature. But among thefc there were certain
^Ced.ibeo- B^rks or nimble Vcffelscall "^ LuforU or LuJurU (in
dofj. tit. 17. Bnglijh wee may call them Flie-boats) wherein they
T)ambiL f^outed out as far as the remoteft Banks and the
Caftles built upon them, to guard the Bounds of the
^ofik'. Miiit. E™pJfc. And under this notion the name of thefc
Judk.&i.^. LnforU, VJ2LS reftorcd by ^ Claudius Saltnaftm,7iCcoxding
Ma^inlfof' ^^ ^^^ Laws in the ^ Code of J ujiinian which were
ficiorm. before fufBcienrfy corrupted. And as in Rivers they
for the moft part u(ed thcfe LuforU or lefler Vcflcls ;
Fhvium vo' fo in the Sea they made ufe of Pinnaces , the leaft
pfcm,fag, whereof had fingle Ranges of Ores 5 thofe that were J|
'^''^* a little bigger , double Ranges- and thofe of a I
middle fize or proportion had three or four, and
fonitimcs five, as wee are told by Vegetm. But
now , notwithftanding that thofe diligent Inquirers
into the defences and Fortifications of all forts be-
longing to the old Roman Empire, arc wont, when
they mention any Navie of Britain, to fpeak (lightly
or in terms obfcure enough; this neverthelefs is
moft certain , that there was among the* ftanding
Guards of the Komans , not onely a particular Fleet
of Pinnaces or light VcfTcls belonging to Britain,
wherewith they guarded this Sea whereof wee fpeak,
as an appendant of thelfle of^r^^t Britain -^ but alfo
that they had not any other Navie in the outer Sea , or
any
OvpnerJhipoftheSea. Chap.VL ziy
any Shipping at all upon the Sca-Coafts of Spain or
Vrance without the Mediterranean Sea. At Icaft,
it is no where mentioned by antient Writers. Which
is no flight Teftimonie , that the Sea and the Iflc
together made up one entire Bodie of the ^ritip?
Empire , as i: was then devolved unto the Kmmns^
and alio that fuch a Cuftom was at that time in
force upon the Sea , (b far as it belong'd to 'Britain,
that the like could no where bee found at lead in
the more Weftern parts, there beeing no other Sca-^
Province among them. There is ( befides that or-
dinarie inftance * alleged before out of the *DigeJlsoi ^L.^Pi^»
the Civil Law, concerning Seius Saturninns Com- ad Senate
mander in chief of the "^ri/i/^ Navie under Antoninus j£;^^^"
or Adrian the Emperor) exprefs mention made alfo
by ^ Cacitus of this ^ritijh ^^avie, where fpeaking of ^ Hihrm.
the affairs of Cerealis and QiVilis under the Emperor /ii.-f-
Ve^aftan^ Another fear, faich hee, had pojfejfed the minde
o/^Civilis, left the fourteenth Legion heeing ajsijled hy the
TSUvie of Britain, jhould infejl the * Batavians upon the * Hollanders,
Sea-Coajl, And therefore that learned man Lipjius
had no ground to conceiv that , this was part of
that Fleet of fmall Vcffcls called Lw/on^e, whereby the
River Khme was guarded ; to wit , that part of it
which guarded the entrance of the River near that
place called the ^riti[h Tower , whereof wee fpakc
before in the third cnapter of this book. For , ic
was even the whole Navie of "Britain , and that
which belonged wholly to the Sea, not having any
relation at all to the Rivers. And that it belong'd
to the Sea , appear's not ©nely by the thing it felf ,
but alfo by what hach been alreadie (pokrn , and
what fliall bee faid in the next chapter touching the
Qunt of the Saxon Shore ; fb far at leaft as wee may
G g bee
ziS Book II. Of the Vominion, or y
bee able to judg of the former (as wee often ufe to
do) by the latter courl that was taken in ordering
affairs , and difpofing of Guards and Garrifons.
But that this was a compleat Navie, and had a pecu-
liar Prefcdlor Commandtr in chief over it, is teftified
by a fragnient of an antient Infcription in a Palace
leTM^f.^Ps' ^c ^pme^ called Talatium Capranicenfe , ^ wherewith tru-
ly that name of Prefect of the 'Britip? Navie was
utterly loft. Yet it appear's thereby that fuch a Prc-
fefture or Command there was , not of the lead
note among thoft antient dignities of the Kcmms, and
that it was committed to the fame man that was
likewife TrefeH of the two Navies called Clafsis Mos.
ficn zni IPamonica; as alfo Proconful and Prefident
of the Alps, Sub-Prefe£t of the <Prfforww Navie, and i|
Tribune of the fixteenth Legion. The form of the
Inlcription ftand's thus.
^ '^^«■A
•$ w ?^ •
PRAEF. CLASS.BRIT. ET MOESIC. '
' ET PANNONia f»KOC. ET PRAESIDI
ALPIUM SUBPRAEF. CLASS,
PRAET. TRIB. LEG. ITTl.
FL. ECPREPUSA.
Moreover, it is no light Argument to prove, that in
thofe times there was frequent ufe of that Navie in
guarding the Sriup? Sea, as a part of the Province of
Britain (as hath been alreadie faid 0 and chat upon
this ground , bccauf the very name of thofe fcouting
Skiphs which were joined with the bigger fort of
Pinnaces or light Velfcls upon the Guard, was
borrowed
i
Oypnerjhipof the Sea. Chaf. VI. zip
borrowed by the Komam in their writings from the
Britains , after the fame «MmBer Jas they took* the
name of chofe Boacs called Qo^li from the Germans^
which •^were like wife of that fort of Veffels called ^,^^.'^5^4-
L«/or/^, iinploicd in guarding the Kh'me. Tbt9^omans citMiftMb.^.
obferved that the Sntains called thofc Veffels P>a^. J^^^^^J^f^,
FlaVm Vegetm , who ifi the Reign 6f -the two Va- Koman^, lib,
lentmans ^ compofcd his Books concerning the affaiis i.c'p.5-
oi the 4(omm Militia, out of the Commentaries of
44ro, Cel/us, Trajan,^i\d Hadrian, faith, ' fcouting Skifhs ^f/.J'^^^'
are joined ^ith the bigger fort ofTinnaces^ that had about caf!^j[
twentie Komrs in aU-^ "^Inch skifhs the Brirams cdU
PyiSas. In thefe they ufe to mnke ajfaults and inrodts upm
a fudden , and fomtimcs intercept the provifim and fupplies ^
of their Enemies Shipping , and by diligent Ti?atchjulnefs ^F
difcover their approaches or comfels. And that their Scouts fp
may not bee dijfcoVerd by thiir Iphitenefs , they die the Sails
and Tackling Vtth a blewifh cdor , like the f^aVes of the
Sea^ They hefmear them alfo fi^ith tlifax <u thty ufe td
trim their Ships. Yea , and the Seaman or Souldiers put on
clothes of the fame blewip? color , fo that they are the tefs
difcernahle as they fcout about ^not onely by ngbt^ but alfo by day.
So far bee. And the printed Books do generally render
thefe Veflcis here ^i^as or l^yFlas. But fom Manu-
fcripts, that have been ufed by Godefcalctis Sttwechius ^
call them ^f teat as -^ and alfo wee read Ptcatas in two
Manufcripcs belonging to the King's Librarie at
S^ James , as I was mform'd by that learned man and
my very good friend Vatrick Young ^ from whence it
is, that, iu the old French tranflations of Vegetim^ it
is rendred one while ^icaces , another Figaces* But
faith Stewechim upon the afore- mentioned place, It
feem's more probable to mee that they Ttere called Pincas,
Pinks- For, eyen at this Very day there is fuch a hinde of
G g 2 Veffil
\
2^0 Book 1 1. Of the Dominion^ or,
Vejfel Known both in Britain an^ Holland. And the or-
dimm name is Cett |^tncft0« Buc howfoevcr the
cafe hath flood , here wee lee in Vegetms^ that the
fcouting Veflels were emploied together with the
Pinnaces , and their name fo obfcrved according to
the ^rmjh language of that Age , that there appcat's
not the ieaft ground to doubt , but that Vegetius was
of opinion alfo , that thofe VcfTels were either con-
flantly or very frequently in ufe among the 'Britains,
and in the Sca-Piovince of Britain. So, it is acknow-
ledged by every man , that thofe words Ge/m
- a ilaljelm , Trimania %1^^ ^OtitS , EJfedm a
Cpviot, ?etoritum u ^[{iiiason of fout mit(c\s.
Braced i^ltttf^tS, and others of that kinde, borrowed
cither from the Gauls or Qritaint^ and received by the Ro-
;;i4»f into their own Language, do fufficiently let forth
the ufe of thofe things which they iignifie either in
Gaul or Britain, Moreover alfo, Fegetius in this
place Co join's together the manner of guarding the
Sea and the (iibtile fleights they made ufe of for that
purpofe, that there is no reafon at all why Wee (hould
not believ, that they were then uftd by the Britiflf
Souldiers which ferved at Sea, or who had com-
mand over the fmall Veflels called ?j£l(t or Picatd
in chofe Guards by Sea.
Oypnerjhip of the iy^^.CHAP.VII. 121
Jn Examination of the Opinion of fom
learned men , y^ho vifould have the Saxon
Shore,/row whence that Count or (^om^
mander of the Sea throughout Britain
had his Title, to bee the TBritifh Shore on
this fide of the Sea • Vi^hich is plainly
f roved to bee falf.
Chap. VIL
BUt truly certain learned men , cither treating (as
it often fall's out) of fom other fubjcdt, or elf
beeing too carelefs in confidering the matter, do
othcrwife interpret that Dignitie or Command of the
Count of the Saxon Shore throughout Britain ; And in
fuch a manner , that if their determination were to
bee admitted, the proof or ceftimonie before-alleged
touching a Joint-Dominion of the Sea together with
the Ifle, in that Command under the Romans^ would
plainly fall to the Ground, Thefe men are of two diflfc-
rent (Dpinions. Som would have the Shore of Britain
it felf or that which is on this fide 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 alfo which
feij^he's a compafs like a half Moon from the Weftern
part of Denmark as far as the Weft of France, and
Ke's overagainft Britain. But truly, they are both ex-
tremely miftaken.
The Autor of the former opinion is Guidns ^Panci. * AiNotith
nUus , who write s that the Shore or Limit within f" .?'^«'>-
Gg} ^^Oa.i.'^.y,.
zji Book I \. Of th %}QmniQrk^ or,
the Ifland was fo denominated from thofc Saxons,
^ho were called in hither by Vort\gern King of the
South part of Britain , to his afsiftance. The Saxons
(faith hee) foffeffd fart of the IJland^from whence a limit
ey hound that "Ufas rear'd over againjl them by one that to as
made Count , ipa4 called Saxon. Then which nothing
eould have hceamore ignorantly (pokcn, if you re>
fledt either Mpon the thing it felf , or the couif of
times. For, omitting this, that in the ^reVtarie of
Dignities it felf no mention is made at all of a Saxon
Bound or Limit, but of a Shore ( notwithftanding
'that Tancirollus in the Infcription of his Comraentaric
cntitle's the Commander that wee (peak of, Count of
the Saxon Limit throughout Britain ) the Breviarie was
written in the Reign of TImdoJius the yonger, or
in the year CCCCX, as learned meo do comnK)nly
agree. That is to fay, of that time ^ the frame of
the whole Goveinraent of the Empire, both in the .
Eaft and Weft , having been over-grown long be- «
fore , was with very great diligence digefted as it ^*
were into one entire Book of Offices and Dignities.
But the Saxons , as moft of the Antients tell us, came
firft into Britain in the year of our Lord CCCCXLIX.
But fuppole , what upon tetter confideration may
perhaps bea allowed^ that their arrival ought to bee
^^udGuiU reckoned in the ^ year CCCCXXVIII. that is in the
Camden, in ^^A vcar of the Reign of Tbeodofius the yonser ,
& vide no. yet in the mean time this is molt certain (which is
Lidiat in ^gj^ [^ ^^g gj ft place to bcc obfeived ) that Britain
d^l'agT^i was utterly abandoned by the (^man Governors, be-
fore they were called in. Doubdefs they were as
cinEfift.de * G(U4* write's brought in by King Vortigem ft) drm
ExMBri' y^ck the Northern IS^ations ,thcTiHs^ znd Scots -^ not the
«'*«»'-*.; (2^o;„^^ vvho had bidden farwel to the Ifland. Nci-
thet
Owner/hip o/ihe Sid.Qn hv.VlL %]i
ther had the Komam or their Dukes or Count»
any thing at all to do within the Iflc with the
Sdxom» So that it muft needs bee grofs ignorance
in Hiftories, and in the Calculation of time , to fet
down any Saxon Ltmlt or Saxon Shore in the Ifland
it fclf ^ whilft the Roman Empire flouriflied , or
had any kinde of Autoritie in this Countrie. No-
thing therefore is more evident then that the Shore
lying on the other fide of the Sea over againft the
South and Eaftern Coaft of BnV<i/« , as wee defcribed
it before, was called the Saxon in that Dignitie or
Command» Moreover alfo that Count jf the Saxon
Shore throughout Britm was far more antient , and
known by an addition thereto of che Sea CoaH or of
that Sea which was comprehended in the Roman
jurifdidtion throughout Bm^iw , otinthe bodieofthc
Britijh Province. For ^ NeBaridiu4 was invefted with
this Oignicie in the time of Valmjtlnian the firft , or
about the year of our Lord CCCLXX ; as is teftified ^ -.
by ^ ^tmmmt^ MarceUinus ,where hee faith, information ^^. '^ ^^' ' '
was given by a Meflengcr, that Britain "^as reduced to -kCauivizs
an extreme low condition by a barbarous Conjpiracie '^ and hythtRo-
tUt Ne^taridius Co««f o/^feSe^-Ccw/?, awf/Buchobaudes ^eTinir'
the Duke ^ere /urpri;^d unawares by the craft of theEne- four parts;
tny. Nor is any difference to bee imagined between the ^t which
Dignitie or the Count of the Saxon 2>hore *in this lenl , one, con-
througixmt "Britain ^ and that which the fore- named twining ?/-
C CaraufiUi received at Boloigm in France ^ to fcour ^^lampalne,
the Sea along the Coaft of * ^elgica and Sretaigne, Burgundy*
which (as Eutrofm and Oroftus fay) T^o/s infefted by tf?e ^^^^^ ^^
French and Saxons, For, that even hee alfo had places Gemank
of ftrengih and Manfionhoules belonging to his ^^^^^^^^^^
Govei norrent in Brir^iw^ appear's fufficiemly upon this as lie's on
ground , thac when Maximimm had given order to J^^^J"^^ ^^^
put
234- Book II. Of the Dominion^ oVy
put him to death, hce immediately ufiirp't inBri-
tain, and reigned after for the fpacc of feven years.
So , the Governor here or Count of the Sea-Coajl , and
the Count of the Saxon Shore ^ beeing ever accounted
the fame , held the fole Government of Britain and
the Sea belonging thereto. To whom alfo wee may add,
as differing oneiy in name , not really , the Prefcft
or Admiral of the Bm//7; Navie, under the Komans,
mentioned in the former chapter. Wee confers in-
deed, that thcOvkcoiSelgifafecunda and the Duke of
the Countrie of Aremorica before- mentioned, was by
the verie nature of his place to afford fupphes for
the guarding the Sea and this Shore beyond Sca^
For, they alfo , as hath been obfcrved, had Garrifons
feated upon this Saxon Shore, But ic is chiefly to
bee obferved her j, that thefe beyond-Sea* Dukes were
according to the nature of their Dignitie or Office to
take care, not Co much of the Shore or Sea, as the
e Prater Continent j and that from thence , as you ice, they
fandrdlum ^^^^ ^^^^^ namcs. This from the Trad of * Jremo-
vide Jefefh. r'tca and ^ Ehrokne-^ which beeing extended through
^^/jl^r^^^ five Provinces , Aqultania prima and fecunda , Senonia^
lib»2. caf. 6. Lngdunenfts fecunda and Tertla ( which comprehends
* nvoiu '^^ ^^^^^ ^ritMn and TSlormandie) conteincd almofl all
now called that which was commonly called by the name of
'Eumx. Gallia '^ But \he other bad its name from !Bf/g«c4 y^-
cunda. Nor was there one Count or Duke of the
Midland Countrie, and another of the Shore or Sea-
Coaft in GauU But in 'Britain^ the Counts or Dukes
of the midland parts and the Count of the SeaXoaH or
Saxon Shore , had difiindt charges , diflind Forces,
and the fignal Ornaments of their Offices wholly
diftindt. Juft as if the <I^man Emperors would have
it fignified by this very thing , that as the Sea it
fcif
Om^ner/hipoftheSea.CiiAF.Yll. 135
fdf did by particular Right alwaics belong unto
the Empire of the Ifland, fb the Sca-afFairs and
their protection to the 'Britip? Command and JuriH
diction of the Saxon Shore or that beyond-Sea 5 but
that both the Dukes of the Continent or main Land
of Gad lying right before it, were bound fo to fend *
relief, as occafion fhould require, againft the Saxon
Invafions, that in the mean time the fole care of the
fea it (elf, as a particular Province given in charge,
by upon him that was made Count of the Saxon Ihore
throughout Britain. And if any Duke or Count ei-
ther of Aremorka or Belgica fecunda , was called by the
name oi Duke or Count of the Saxon Jhore (as *fom f Jof, s-caU-
would have) it was don doutlefs upon this ground, g^^/«(^f-
becaui the Saxon jhore , lying over againit us on the ca^. e, &
other fide of the fea , did bound their Land-Go- ^«^^- ^^^:
vernmcnt ; as it did alfo the Sea-Jurifdidion of p^g]^'^.
the aforeftid Count throughout Britain.
Nor indeed is that other Opinion any more to bee
admitted, which faith; That our Britifh fliore was
at that time called Saxon ^ as well as that which lies
over againft it or beyond- fea: And (b that the name
in the Dignitie or Officcof the aforefaid Count, doth
fignifie the flhore on this fide the fea. Of this Opi-
nion is ^ Ahrahamus Ortdius.^ I coticeiv ^ faith hee, that nnthefaur.
the Saxon fhore, in the 'BreViarie , doth fignifie the Eajlem ^^°i^'^^^'
fart of Kent , feeing that Dubris , Rutupis , ani other
Towns of Kent are defcnhed therein, Hee hath indeed
very eminent men for his Followers, ^ William Cam- «/«Kent,
den}^ ^aulus Merula^ ' Thilippus CluVerius, and fom others. hco[m%fh.
And they add this for a reafon-, becauf both fhores, fart.2.iib.^^
as well this on this fide the fea, as that on the other l^f."^^'
lidc, took name from the Saxons that ufed Piracie m AnuguajiL
very great numbers upon this fea : And therefore that '•^''P'^.
Hh the
2^6 Book II. Of the Dominion, or,
th« iBritiJh Jhore alfo i$ fct forth in the Title of that
Count. But this is a manifcft Error. Wee know
indeed the Writers of that time do fay, that both the
fhore over againft ours and the neighboring Sea,
was infefted by the frequent depredations and Inva-
fions of the Saxons , and (to fay nothing of their
antient habitations upon the VaniJJ? and 'BataVian fhore)
that they fctlcd their abode :hcic: And therefore thac
it was thence named Saxon ^ is in a manner out of
doubt among learned men. But concerning the S^xow^
thus frequenting that fhore, there areteftimonies be-
yond all exception. ^ Sidmim ApoOinarii , of the Coafl
of Bretaion in France , faith,
^ Tane^yric.
ad Avitum
Carm. 7.
Adde turn lib.
2.Epft*6.
Qjiln <sr Jnmorkm ftratam Saxona traHus
Sftrahat»
t)6pe teen reftibo tl)e Bretaigns oouf.
1 Ht^QT. lib.
27.
"♦ Lih.ycap
26,
%t)c Saxon ^mtts Ueeltig D?it3en out*
And ^ AmmianHS MarccUinus faith , that under the Em-
perors Valentmian and Falens , the CoaJIs of Gallia
Tbfre ftajled by the Franks and Saxons horderin^ upon
them^ every one makinj^ excur fions as far oi they could
by Land or Sea y ft^ith orieVot^.plunderingSf jirw^s ^ and
/laughters of fuch as they took Trifoners, Add moreover,
tha ^axones Baiocafsini^ tf^t Saxons Of l&AltViX Site
mentioned by ™ Gregorie of 7 ours , as antient Inhabi-
tants upon the fhore of Aremmca : So that the reafon
is evident , why the name oiSaxon was given to the
fhore over againfl ours. But truly wee read not an;^
where , that the Saxons had at that time either fecled
thcmfeivs upon the fliores of Wttam , or were wonc
to fail thither, or that they infcfled any thing of
Britain , except the Sea. Nor do wee finde fo much
as
Oifi^nerJhipoftheSea.QiiAv.yW. ny
as the leaft fign or evidence , whereby co conjcdture
that the mmc of Saxon was either due or given at that
timecothe n^oreof Britain. And it was never heard
(I ftppofe) that any fliores, which have been of any ac-
cbunt or fame, fhould have taken a new name either
from a meer paffage , or a bare infefting of the Sea
by fuch as fail along the Coaft , without landing.
Efpecially, in the fetting forth of a Dignicie or Com-
mand, which cannot bee don, except an addition
bee made in the mean time of the name of the Land^
whereto the fhore ic ftlf did indeed belong. Run
over all the Dignities which are recorded in the Bre-
yiarie of both Empires , you will findc none fet forth
by any other denomination, then cither from a Bound
or Frontier ic fdf, as thofe that were appointed for the
defence of Bounds and Frontiers • or elf from a more
known and certain name of fome Province , as the
reft. Wee know indeed, there was a Haven among the
^Morini^ which lay over againft us on the other fide * j^^ ^^_
of the Sea, called heretofore Britifl? , or, as" Tlmie nwiwerea
name's it, Tortum Morimrum Britannicum tfje ^litVS^ ^'/°^^J ^^^^
^OJt of tl)0 ^O^int * which name *" learned men dedngupon
would have to bee derived from our Britain. But fH^^'^^
(fuppofing it to bee Calais ) they would have it fo tween Ar-
denominaced becauf of Julita C^fafs crofsing over ^''^an^i ?/-
from that Port into Britain, Now,ir. doth not ap- '^NatHiJior,
pear by the like, or any equivalent reafon, that the ^'Mc^F-23-
fliore, which belong's to Britain, was called Saxon, in pti'w^n'^^
the time of that Dignitie whereof wee (peak. And Pomicdo,
doubdefs , there is no improbabiliric in rcafor^ that ^'^^ ^*
the Wiiijh Port of the Morini , might in the daies of
y/m/g, or of the Emperor Vejpaftan ( which is all one)
bee denominated from the riding of fuch Ships as
we^e imploicd under the ^mam to guard theneigh*
Hh 2 boring
238 Book 1 1. Of the dominion, or,
boring Sea, fofar as it was TWfi/^, and fubjeAto tHc
Licvcenancic or JiiriWi(5iion of 'Britain. But truly if
the very (hore of the illand had been meanc in the
Dignkie of that Co««r, whereof wee (peak, whofe Of-
fice was to guard the Bounds, how corpendioufly
might hee have been called Count of the IBritiJh Jhore f
For, what ground had there been for fo fiogular a cir-
cumlocution of words, as Qunt of the Saxon jlwre
throughout Britain , ii it had been the very iliore of
^'Britain^ It is plain, that as in the Imperial Offices there
was an Officer called Magifler Militum per Ortmtem ^
Magijler ^^ilitum per ThraciaSj per lllyricum^ pcditum per Of -
cidmtem; a i^aftec 0? CommattDri: ) of tlje ^iijtia
tl»0U3l)0ut tlje €aft. a ifipafiec of tli? ii^ilitia
out all Thrace, iiiyncum, auo Of tt)e ^nfantne
0? jFOOt tt)?Ottlrt)OUt tlje mttti lo alio that this
officer was called Conm throughout "Britain. That is
to fay , every where throughout "Britain, fo ftr as it
belonged to his particular charge, that is, as far as
was neceffarie to guard the bounds of the Empire,
placed nex: to the ^dxow j/??ore,orthat which is on the
Ouher fide of the Sea. And (b ihc words , whereby
this Dignitie is exprefled , are to bee diflinguiflied
that hee may bee plainly called Count throughout
Britain ; but of the Saxon fhore , or Bound beyond -Sea^
upon the fame account as other Dukes or Counts ia
Command over Bounds or Frontiers were wont
to bee entitled. And there is an eminent example to
this purpofe in the Bound of the German Empire,
which was held by the ^B^ans. It was the River
^me. The Guar<3 of the Mm was wont to bee com-
romTIiiL "^J^^J to * Lievtenant or Governor 5 as appears by
sL 9C. 7k- ^Hiftorians, and out of ^the Code of Theodofit*^. But
0d0f.i1b.7Mu y^j j^^ gj^j, Qp jhg Qjj^^ ({^ Qf ^i.j„^ ^y25 j|^ bound
of
Orpnerjhip of the Sea. CHA^. Vll, ijp
of this Govern men tj and fo of the German Empire, ndc
the Bank on this fide. From whence alio foJll:UmiUs
bceirtg cntrnfted with this charge under the Emperor
Gallienus , is by the Emperor VdUmn , in an Epiftlfe
of his fcnt unto the Frmch , called Duke of tk ^oufid
hyoni Rhine ^^ as Wee learn out of ' TrebeUm TbUid, ' ^«^T"^'*
Aitb, the Boml bcymd Rhine , that is, the Bank be-
yond the R/;/;;? is recorded by ^ FlaVm Vopiftns. Thus, ^intadto
ufually the Proconful of ^u had the whole ftrcighc ^"^'•^'•
of Hdhjlmt under his Cotnmand as far as rfie fliores
oi Europe ^ as is fhcwn in the fourteenth chapter And
certainly , the Count of the Saxon fliorc throushout Sri-
tain , is after the fame manner to bee reckoned Coiitit
of the fhore or bound on the other fide of the Sea, and
fo of the whole Sea flowing bet^A?een,as an eftabhfhed
Officer in the Government of 'Britain. And thi^
alfo is very much confirmed out of another place of
the very BreVtarie of Di^itities , where mention is
made of the feveral Jurildidions of thofc Counts
which were under the Conimand of that eminent
pcrfon entitled Magijler Militam fr^fentalk. In the
printed Copies of theBreviaric, wee read it thus.
5«^ difpofttione viri illu^ris Magijlri peditum
TraJentaliSyQcmites AHlitwn infra^fcripto>
rum '^
Jfric^,
^ringitanU^
^raBus Argentoratenfit,
^ntanniarHm^
Lkoris Saxonicipir ^ritannins.
Hh 5 la
24.0 Book I L Of the T)ominion, or.
In the Edition both of Jlciatas and TanciroHm, it is
read , as wee render it here , Militum iiifrafcriftorum,
Yfit doublefs the word Limithm %ttt{itS ought
to bee put in ftcad of Mtluu7?i ^OlXMyittS : tor it
is not agreeable to the nature of the Imperial
Offices , that the word Mditum fliould bee admitted
in that place. And it appcar'smoft certain by thofe
thipgs which follow, that //<j&, Africa, the Trad
of Strasburghy Britain, and the Saxoti Shore, had
their refpcdivc Counts , as Comites Limitum COttUtS Of
t|)0 JLimttfit or Bounds, no otherwife than thofe
Territories which are added there next after 5 as
Mauritania Cajarienjis^ Tripolis , and other Provinces in
4ike manner, befides 'JBritain, which had their re-
fpe(5tiYe Dukes like wife , by the name of Duces Lim-
tum iDUfeeS of tf)e ?liniltS* But now both the
Dw/^g and Qount oi 'Britain had the very Shore of the
Ifland for their Limit or Bound. And therefore
feeing it is fo,what Limit had that Count relation to,
was who entitled oi\\icSaxonShore throughout T^ritam^
if you will not yield that hee took his 1 ide from
the Shore lying over againffc us ? There was a. Duke,
and a Count of Britain ( fimply fo called ) befides a
yicarius or De^utie of Britain , who governed the
whole Ifland according to their fcveral charges 5 and
wee finde in the "^reVtarie^ th?t both the T)uk.e and
the Count and the Deputie had for the fignal Orna-
ments of their Offices , the whole Ifland , but in
feveral Forms, encompafled with the Sea^ even
as the Count of the Saxon Shore had the Ifle in iifcc
manner , encompafled with Sea -Towns or Ports. Al-
Co, it is maaifeft by thofe which are let forth in cHc
BreVtme'OfDignities,thztt\\tDeffutieyDuke^ and Count of
Britain had the very Territories of the iflc for the
Limits
OwnerflnpoftheSea. Chap.VII. 14,1
Limits of their Govcrmcnt, and (b alfo that they ex-
tended themfclvs to the very Shores every where
throughout the Jurifdidtion of the Romans. So that alfb
both the VuKe and Count of Britam ought to have been
entitled in Hke manner from the Saxon Shore as from
a Limit or Bound , if the Shore of Britain had bcett
called by this name at that time. For, wee plainly fee,
that the Iflands of "Britain themfclvs , fo far as the
ides about it are comprehended under that namejpre
exprefsly defcribed under the notion of Limits, in
that Catologue of Dignities relating to Limits^ which
wee have cited out of ihe Breviarie . Therefore from
hence alfo it appears, that Limit which was the
Saxon Shore is to bee reckoned without thelfland,and
fo in the Shore over againftusor which lies beyond
Sea, according to that which wee proved before in
our DiicourC Nor truly , is it to bee pafTed over
without obfervation, feeing there are very many fignal
Ornaments, of Sea-Provinces and Jurifdidions, as
well asof chofe within Land, pictured in the BreVwr/>,
and this acGoiding to the Form or Fafliion received
from thofc that had the fuprcme power , by the
principal Secretaries or others who drew uptheCom-
mifsionsj That not only no Ornaments at all are found
in the Dignities of the Weft , wherein there is any
Tra6t of the Sea, except tho(e which belong to the
Government of Jurifdidion of Britain^ nor indeed in
the Dignities of the Eaft, except the Counts of E^ypt
and Ifauria (both whole Ornaments had a Sea- bor-
der about them ;) but alfb that the Sea was ever
placed round about in the fignal Ornaments belonging
to the four feveral Governments or Jurifdi^tions of
Britain^ th« is to fay, that of the Deptuie, the Duke , the
G««r,andlaftly , the Count of the Saxon Shore thri^gh-
out
z^z Book II. OftheVominioH.OY,
out "Britain. Juft as if the Romans would have had it
fignified thereby , that no other Province at all, not
any other Jurifdidion whatfo^ver had either a Do-
minion of the Sea fo amply conjoined, mingled, and as
it were incorporated within it felf , or a proteAion
and command of a Territorie by Sea.
Som Evidences concerning the Soveraigntie
%and infeparable Dominion of the Ifle
o( Britain and the Sea belonging there-
to, out of Claudian , and certain Coins
of the Emperor Antoninus Pius,
F!
Chap. V II I.
'Rom the Dominion of the Briti[h Sea , as bee-
ing continually united to the Ifland , or an infe-
parable concomitant thereof ( as hath been al-
readie fhewn you) proceeded, as it is very probable,
thofe paflages of Claudian, who fcldom fpeak's of the
quieting , recovering , or fubduing of Britain , but
hee adds alfb the Sea it felf, as thac which did neccflarily
accompanie ic. Speaking in honor of the Emperor
Honoriuiy touching the original of his Family , which
was out ofSpain, he faith,
a Panegyic, ' * Cmabula foVtt
htuHonoTii. ^lceanui^ Terrdt dominos pela^que futures
Immenfo decuit rerum de Principe nafci,
Hinc procefsit ay us- .
Xt)e!^ceanvom't fii$ €tm.t, JTt became
Xdore tt)f)o as: llo;O0 botD ^ea auo %Mi
QionlD Claim,
# Oypner/hip of the Sea^CuAF. YllL 2^J
£>f namre's mtgOtte ^tintt omtjo to b^.
jTcom Dence tl)p (l5?anDQre ijaD Dis peoegrce.
Thac is to fay^ Theodnjm , who after that Ke^aridtus
Couat of the S^xow vS^/^orf, as is before related, and Bucho'
baudes Duke of the Kland, were flain, was (ent into
'^ntainby the Emperor VaUntinian i\\t firft. But thac
which Claudian faith, concerning the afFaits and acti-
ons of this Theodojius, relare's very little to the Sea,
fave that hce call's him Conquerer of the Britifh Shore^
and adds that' having yanquiped the Saxon's, hee wajhed
the Orcades '^ith their 'Bloud. Which is plainly to bee
underftood of his fcouring the "^ritijh Sea thac was *
wont to bee infefledby theS^xo/jj. A little after alfo,
concerning Tl.codofius the Ton of chis man, or the Father
of Honorm^ that is , the Emperor Theodofetis the firft,
hce (aich,
Sed iaudes genitor longe tranjgrejfus avitas
Suhdidic Oceanum fceptris.
]^i$5Fatt)et: m His (BimtUts vmt& ttuxu
fceno.
ZvX} b^DugOt tDe £)cean unbei; ttis commano^
Which without qucftion relacc's to the recovcrie of
Britain y after iht (laughter of Maximia at Jquileia,
who had tyrannically ufurped the Sovcraigncie of
the Ifland. The lame Autor writing alfo in com-
mendation of Flavins Stilico Tutor or Guardian of
Honoring the yonger, bring's in Britain her fdf faying,
Stilico hath Jo fortified and Jccured mee,
^ m Litore toto _ »Deumm
^Profpjcerem duHis (venturum Saxona Ventis^ ' Stilkonis,
3 coaH) not fe tijjottsOoat t^ §>tioim ttatio ''* '
^ne baxoa xmit to crafs ott atiD lano.
I i That
244- Book 11. Of the Dominion, oiTy ^
That is to fay, hec rendrcd the Sea quiet and (ecure for
111^5 hce bath giiaidcd and kept it for inec; hce
hath driven away the Saxons from the ufe of it. In
another place alfo, hce bring's in the Goddefs fietk
fpeaking to Honor'tus,
c In Eutrofi- ; ' Q^Tttum, tc fr'tncife, foJ?im ,
urn, lib, I. Nb« longinqua docent : domito quod Saxone Tethys
Mitior^aut fraElo fecura IBrUaimia ^iBo>^
sianoat p;osteCg j map mal^e/tmtinstD?
;S)drae late samples tell uS; Once tlje fl^airi,
gCDe Saxon bGemgtamD,isstott)nrao?eftn:ej
;^no Britain ftouitDe conquet'D Pi^s fecoce^
The Protcdion of the Sea is in thi« place plainly con-
joined with that of thclfland. The (aaie Poccalfb,
to Manlm Theodorm the Conful, faith,
■Hijpana tilt Germojidque Tethyi
Taruitj^ nojlra diduBa ^Britannia mwtdo.
Spanifli anO German ^eaSftOtl) pielO tO tWi
%m Britain liW^ fxfm ouK ttN)?iD bp ^ea*
There was the fame Dooiinion , the fame Vi6torie,
and the fame Guardianfhip or Protedion alwaies
both of the ^ritijh Tethys ^or Sea, and the iflc ic fclf.
For, the German Tethys in this place is that part of the
^ritiJJ? Sea which flow's between Belgium , Bolland,
Frijtandj the Jut£, and Britain.
Add hereunto the form of the Province (which un-
der the more antient Emperors was governed by i
Trefident) 1 ^.
OrpnerJhipoftheSea. Chap.VIIL
as it is foiind among the ^>mn Coins. It is rc-
prc/cntcd in the Figure of a woman , clothed vvith
a Pall or linen frock , fitting fomtimes upon rocks ,
fomtimes upon 5a Glok in the Sea, with a Militarie
Enfign, a Spear, and a Buckler; as you have here
pictured according the brafs-Coins
of Antoninus Tins,
Thus they fignificd, that Britain
had Dominion over the Sea about
it, and the Roman Emperor over
Britain. But vve findenotany form of
this kinde before the time of Seiui
Saturninus^ thefirft ^rtfeH (whereof
any mention is made by the Anti-
ents) or Commander in chief of the
Britijh Navie, or of thofc Naval
ForceSjWherewith the Romam guard-
ed the !BritiJh Sea. Hee held this
Comrtiand under JJrian, or Jntoni-
nus TiuSj as hath been (aid alreadie.
And from hence it is that Claudian af-
terwards, when hee make's a Repre-
fentation of Brir^m (beeing in a fpe-
cial manner , called the Ifle of the
Sea) hee clothe's her with a leathern
garment fo made as it were like
waves of water , and died of a
blewifli color, that ic wholly re-
fembled the waves of the Sea; and
hee put's the Sea under her feet.
Thus hee indeed cf efcribe's her, when
hee bring's in fcveral Provinces, as Spainj Britain, and
Jfrica demanding the Confulfliip for Stiltco at Rome.
And hee mention's 'Britain in a peculiar manner,
li z Ind§
Hi
146 Book II. Of the T>omimony or,
«i Ve Uudihiu ^ Indi Qaltdom \eUta Brkanma MonHro ,
Cdrtilus^ Oceaniqne aftnm inent'ttt4r amlEius,
Me qiioque fvk'mis feremtem gmuhus^inqutty
MuniVtt Stilico -, totam cum Scotus Htbernam
A&vif, ^ i?ifepo l^umavit remige Tethys.
3ltt monatotts^ ^bit Caledonian tbife
5Cften Britain caiw ; Dct cfjci^bs ftao a Oif^
flttif
£)f btbrtg colo|g>t(bt)tct)> to pleaf tlje l)ielb>
Sn battous &;^m8 an 3iton ^mtn mvj ;
Slttft at bet t)0^l8 tDe ;g>ea it feif bib gltbe,
l^et £0antiemotftt t^etbo^ftms oft^eXibe.
5^eeanbmpiiielgDbo?< sciHcomb febe,
januotD nj0^ . anb b^abelp refcne from tf)e
aanben as tbe scoc mobb irdandto tebel,
* tetkp fig 3Jnb i&irates mabe gteat ^ Tecbys foam anb
nifie s the tSOtlU
Sea.
A little before , there hce fet's forth the hair of
Spain with leavs of the Palm-tree, and her mantle
imbroidcr'd with the River Tagu6\ And /Africa with
ears of Cofn and Ivorie, after the (ame manner as it was
ftampt in the Coins of Antomnm 9m. Both thcfc
are wafhcd, and alnnoft encompaflcd by the Sc5. But
the Poet then underftood, that the Dominion of the
adjacent Sea belong'd to neither of them , as it did
to Britain : But as the Palms, and the River Tagus
were peculiar to Sfain»^ as the cars of Corn and Ivo-
lic to Africa j (b hce would have it underftood, that
the Province of IBrham had the Sea of the (ame
name rxculiar thereunto. But yet it is to bee conceived,
tfiac
j
Oifi>n€rp)ip of the Se^. Chap. IX. zxTf
that the Dominion of the Tomans was Co limited
in trb^ Se^, according to their pofleision of the diofe,
* ch^t they had little power in that part of the Brit'tjh
Sea, which bordcr'd upon the (bores of thofe "Eri-
itfl) Nations, who were not under their obedience :
This is to bee taken chiefly of the Irlfh Sea , and the
reft that lie's North'Wcft. For when the T^am
Empire began to decline , not oncly Inland^ but the
Ifle of Man alfo, and the other Ifles of the Wefterii
Sea, and a great portion of the more Northerly part
of "Brum , was pofteflcd by the Scots and fiBs 5 (o
that wee have fufficicnt ground to conceiv, that they
alio had an antient Dominion of their own in the
neighboring Sea. And fo let this fcrv to have been
fpoken concerning the Empire or Dominion of the
irit'tp Sea, in the time of the ^mans, as that which
by ancient Right no Icfs belonged to the Ifle and the
Empire thereof, then either a Wall or Suburbs unto
a Qtie. Now wee pafs on to the times of their
Succcffors.
Touching the Dominion of the Britiili
Sea, after that the InhzhitSims had freed
themfelvs from the ^mane pmer» '
Chap. IX.
WHen the Romane Empire wai dediiring
under the Emperors Tkodofm the yonger ^
and Hotmius, and falentinian the thiid^ info-
much that they had not Forces (ufficient to guard
the Citic it felf , then the Britm^ freed themfelvs
li } ^?[*^?Uy
248 Book 11. Of the Dominion, Qty
wholly from their Power , about CCCCLXXX*
years after the arrival of Julim Cafar , or in the year j
^HiftorM.6. Qf ouj Lord CCCCXXX. That is to fay , as' Zo- '
fmt44 writes , rhey caH off the ^^man Government , and ^
fettled a Common-fifeal after their own liking» Then the
Dominion ot the Sea, as well as of that part of the
Ifle which was pofleft before by the Komans , return-
ed unto the Natives. In the mean time, the Saxons in.
habiting the fliore over againft us, hankei'd after it,
who beeing a people extremely given to Piracie , the
Komans were wont to appoint an Officer to drive
them away, called the Count of the baxon jhore through-
out 'Britain , as hath been ilievvn at large alreadie.
Neverthelefs beeing fent for by the Southern %ritains
deftitute of all manner of fuccor from the Romans , to
afsift them againft the Scot; and ftBs, they ac length
got the whole Power here into their own hands.
And fo in that famous Heptarcbic of theirs, the
Kingdom was ever accounted of in fuch a manner,
that even before the time of King Egbert^ it wasun-
der the Power of fora one King , which all the reft
acknowledged as Supreme. Thefe were driven out
by the Vanes j but queftionlefs, they both had a Do-
minion by Sea conjoined with that upon Land. For
it is not to bee imagined, that they who were fo ac>
cttfiomed to the Sea, and to whom before that time
hSidon.4ot^ ^P^^^ (^^^^ M^^^ ^ritannum
linarisFane- Ludui^ ci^r- affuto glaucum wure finderelenibo»
gyic.ad Avi-
^n JLtaOftm I6avb$, ann piotb tt)e asmt
! plain.
^nd Tfihoft Rowers or Mariners had ym beheld , you Tuouli
ha\e
Oyi>nerJhipoftheSea,CHAV. IX. 1^9
have thought you had feen fo many Anh-Ttrats, as ^ Sido^ cLz.s £p//t
m^^ JpoSinaris faith of the S<iXO«f ; And who did not 6.
onely know, hut Ipere familiarly acquainted Tl>ith the dangers
of the Sea-^ The very fame thing is to bee faid of the
i>anes alfo and t^ormans , ( for , thcfe names beeing
promifcuoufly ufcd , do rery often fignific the fancie
Nation^ as is fiifficiently attefted by B.egtno, Dudo, the
Monk o( Mahmburie, ^hbo, Gemiticenfis, zniothtrs. It
is not, I fay, to bee imagined, that thcfe people ha-
ving gotten poflcfsion either of the Ifle or fhore, to
which the Soveraigntie of the Sea did fo neerly ap-
pertein, fliould not in like manner have poflefled the
^jca , alfo lying before ic , by right of Dominion.
Nor is it perhaps altogether unworthie to bee con-
fidcred, that thefe Saxons had fo great , fo fingular
and admirable an acquaintance with the Sea and Sea-
affairs , that by an exquifice obfervation of the Tides
and ^ Ehhings of the Sea, they were wont to reckon *■Y^^■£l,^f
their months and years, yea^andco frame Computa- they called
tions of years thereby. A thing not to bee parallel'd Y^^^^^^^,
i_ ' 1 A J 1 • ij L 1 Lidunas; the
by any example. And as the more antient Husband- Tides they
men ufed to reckon daies and hours .by the time of "lledM^/i-
yoking their Oxen^ and as mod other Nations mea-
fured years and daies by the couit of the Sun and
Moon, (as things moft to bee regarded before others,
in the improvement and various ufe of thofe Lands
that they poflefled) : fo thefe alone diftinguiflied their
yearly and monthly periods, by the meer reciprocal
motion of the Sea, which they were fo well acquain-
ted with, and by its various beating upon the fhore
in Ebbing and Flowing, as that whereof ipecial no-
tice was to bee taken in that kinde of life. More-
over , as they fay the Egyptians derived their skill in
Geometric from the meafiiringof their Fields, after the
Inun-
X50 Book II. Of the VominioH, or.
Inundation of their River NUm 5 (b it is not to bcc
doubted, but that our Saxons derived this (Grange ar-
tifice, never heard of in any other Countric, from a
very frequent u(e and perpetual obfervation of the
Sea. Concerning which, hec that would know
Ave Nature morc, niay perufe our ^venerable *^Bf^cfirft, and after
Rerum, caf. him * Jofeph Scal'i^er , ^ Dionyjtm TetaVius ^ and Olaus
^•Vt emaida- ^ TTormm, But that the whole Nation was very much
Hone temp, accuftomed to Sea- affairs , and not oncly thofe that
^Vz&fn border'd upon the Sea, may bee colle<5ted from thence,
Affendke that othetwifc it would hardly bee believed, that the
adconjeVtan. ^^^xxcm it felf could havc kept an accompt of Times
P4g. 181. and Seaf(His, by the various courf of the Sea : For it
£(//^158«. could not pofsibly bee, but that fuch an accompt
^temJLi. would have been cither ufelels , or too difficult for
caf. JO. thofe that were not uftd to the Sea. Yea, without
*Vanicifub ^^^^^ it was uo fmall cauf of their calling the Saxons
j.caf.\u intoihe Ifland, that they beeing mofl expert Sea- men,
might guard the Sea, which having been newly dc-
(erted by the 1\omati Navie, lay open at that time to
the Invafions of Enemies on every fide. 1 hus much
fcjr^., indeed (eem's to bee fignified by ^ Bhelwerd an anti-
ent Writer, fpeaking of their coming hither. In thofe
daies^ (faith heej the Britains heard that the Saxon Ti^as a
Illation aHive in tirade or NaVigaiion^ and Jlrong m all
kindes of TSieceffarks for "H^arr^ throughout all the SeaCoafl
from the T^yer Rhine, as far as the Cttie Ocnia , yi^hich
is now commonly called ^SXitVXWCt^ To them therefore they '
fent Mefftngers "^ith extraordinme great Trejents , de firing
aid, promt /ing them a, peaieahleinterc our f and amitie. Thus
they that were wont before to infeft the BritiJJ? Sea,
are invited to its protedion and amitie. And truly,
* that the Britains had a very f pccial care at that time of
the Sea-affairs , and lo of the Guardianfliip of their
Sea,
Oii^nerjhipofthe Sea. Chap.X. i^{
Sc.1, appear 's from thence ; that in the ftorie of "^n-
Um^ wee read concerning the moft famous King Ar-
thur and Prince Malgo, chat by many bloudic Battels they
cither added or recovcr'd fix ComproVmcial Ifles of the
i'e^, (which are the very words of Geofferie oi Mon-
mouth) that is to lay, Ireland^ and Shetland, Gotland, the
Or cades, Norwey^ and ^D acta, to their Dominion -^ J^^i *ByT)acia
and Gromland , and all the other Qomtries and Iflaftds of here is
the Eajlern Sea as far as Rufta^ and m.my other Iftands J^J^^"' ^''''
beyond ^Scantia, even to the farthefl part of the 2slorth. ^VideGuiL
And» that which w^cc finde in Kenmus the Scholar of "^'^^^"""'^ ^^
^ ElvodugM,* is to bee underftood of this time, to wit, lorum kgibm
that Cuneda the Gr.indfather oi Magolcunm a Prince of ?^g-i37'
the Southern Britains , drave the Scots out of all the ihthecT Cot'-
Countries and Illands of ''Britain, Certainly, for the toniana.
eff.'(^ingof this, it was neccfiarie there fiiould bee a
vtry great ftrength in fhippin^g, for the guard and
fecur.cie of the neighboring Sea,
It is proved^ both from the very beginning
of the Saxom %eign , as alfo from their
Forces and FiBcries by Sea, that the Eng^
Itfh-Saxons , and 'Danes , who ruled the
South-part of Britain ^ had Dominion
over the Sea,
Chap. X.
BEfidcs what hath been alreadie faid of the Sax-
ons^ during their Reign here , there are alfo in
antient Records divers other particulars , which >
more plainly (hew, that both they and theD^mhad'-
Kk Do-
25i Book 1 1. Of the T>ominion, or.
Dominion over the Sea , whilft they reigned in Bri.
tain, Thofc particulars I divide into four parts :
The firft rcfpcc^'s the Oripnal of the mojl (Potent K^tngdom
of the Saxons, Thz kQon6, the TSlayal forces andViBories
of the follawmg time. Thethird^ ,the Tributes ani Duties
offiduciarie Clients or Vaffals belonging to the maince-
nance of the Navie. Laftly, fcveral plain and mnft eVi-
dent teUimonies concerning the Soyeraigntie of the Bngli^-
Saxon ^ngs at that time over the Sea.
In the firft beginning of the Reign of the EngVp^
Saxons, I reckon both the coming of Otlha and Bhijfa^
invited hither by Vortigern upon the perTwafion of
Hen^fty as alfo the arrival of King j^Ua in Suffex.
Hee poflefled himfclf of the Sea , atid the Southern
fliores J they of the Northern. Concerning the Naval
^m.inhibii- forces of 0Bha2indEhifla, *Nennm the Scholar of EL
otbecaCono' wodugus, who ufually paflcth up and do\;vn al(b by
^^"^^^J'"^" the name of Gildas, fpeak'sthus; They failing ahout the
Camden, in fiBs , Ti^ith fortie Feffels , called ^ Cm\x , Jjfoiled the Or-
*Th"r^r«' ^^^^'-^^^"^^j ^"^ ^^^^ ^"^ P^JJ^Jf^^ '^^^y ^^^y ^fl^^ ^"^
u were full Regions beyond Mare Freficum^ (meaning IBodotria or the
of Saxons ^itth of Edinburgh) l^hich lie's between us und the Scots, e-
mvi^call's "^^'^ ^ fr ^^ i^^ "borders of the fiBs, And Hengift by
FandosMyo" degrees drew thofc Ciu\x to himfelfyfo that they for fook the
fefsbuill'^' /^w Uich they inhabited. Ic could hardly bee more
fomwhat plainly cxprcfled, that the Nation becing accuftomed
'° rfow "^ to the Affairs of Navigation and Wars by Sea , ha-
ving thus gotten a great part of Britain , did firft fe-
cure that infeparable Appendant of the ifland or the
Sea. having brought over a numerous Force , for the
accomplifhment of this defign. As to what concern's
^lla, they write, that hee with his Cons Cijfa and G-
tpenm , and a Navie very well appointed with Mi-
litaric Forces, arrived upon the (hore of Suffex ,
nccr
' Oypnerjhi^oftheSea. Chap.X. 155
nceL-aaillterins/CimenffiOje, foeallcd heretofore ^Can.ctd'
from this QmenM ; and that having driven away the ^atHd^m-
"^ritains ^ hee poffeffed the 'Sea-Coaftj and fending den in Br i-
daily for new Aids out of Germank^ hee at length en- J^^^/^;^^^
larged his Kingdom along the Eaftcrn fhores, as far Ub.i.&^.
as theRiver Humber^ and was the firft of the EngUp? '^f:^'^^^'^'
Saxo?is that attained hereto fo large a Dominion. Al- iib.2.
fo, that his pofteritic enjoied this Kingdom about
LXX years. But truly it could hardly bee , that they
who were eminently powcrfuU in fliipping , and
had made fo happie a Progrefs upon the fhore^fhould
not in like manner bee Matters of the Sea it felf ,•
efpecially feeing wee finde not the lead teftimonie
chat any others were at that time , of any confidera^
ble ftrengch in fhipping upon this Coaft.
But as for the Naval Forces and ViBories of the (iic-
ceeding Kings^ both Danes tlwA Englilh-S axons , they
are to bee feen every where in Joannes Ajjerm Bifliop
of Sbirhurn , William the Monk of Malmsburie , Henrte
Arch -Deacon of Huntingdon ^ Roger HoVeden, Fiorentim of
Worce/ler, and Florilegus; but efpecially in the A(5ts of K.
AlfredjEdward the clda^AthelJlan^ Edgar ^ Ethelred and Fia-
rold. And queftionleis, long after the beginning of the
Saxons Reign^this Countrie flourifht not a little in fliip-
ping,for the mainteiningof the Soveraigntie of the Sea,
as may bee collected both from the Cuftoms of the
Nation alreadic mentioned, and the frequent ufe of
Navigation^ from which the Merchants that ufed to
traffick on both the fhores were prohibited, upoa
the occalion of a difference that arofe betwixt Chark
of France ^ (aftervvards Emperor) and O^a King of
the Mercians among xh'Z En^ijh-S axons ^ to whom the
, reft were in fubjc^ion. Yet a freedom thereof was
rcftored not long after , by an agreement of extra-
Kk z ordiiuric
254- Book 1 1. Of the dominion, or,
prdinarie benefit and advantage to the Englifh-Saxms,
as wee finde in ^ Alcutms , and William of Malmsburie.
pd Guii ' But btfottK, Alfred, their power began to decreaf by
Maimsbur.de ^^ ^ ^nd that cfpccially in the tincie of K. Ethelwolph,
fumut^^l vvhcnthc^ Danes ot Normans infefted not onely the
Stinsferibus fliores, but aUo almoft the whole Ifland, after a mod
eSJ^^ grievous manner, and ftized upon moft of the Ifles by
1669. * force, which lie on the weft of '^ritam. And fo
t GeHa Nor- ^jj ^^^ cxpofed to the itiercie of Pirats. But after
T^oMdmsb^ that Alfred was invefted in the Kingdom , the defence
iib,i*caf.2, q[ the Sea was reftored, and its Dominion eftablifh^
cd- concerning whom, that AJJerius Bilhop of Shir-
lurn^ his Tutor , writes thus : Hee ga^e command for
the building of ^oats and&aHies, thzt is Jong fyips through^ £
€Ut the I^ingdom , that hee might prevent his enemies , and
fight them by Sea^ and putting Pirats aboard them, hee char-
ged them to guard the pafiages of th Sea. And a little aP*
ter, Hee commanded alfo his Sea- men, to keep aU relief of Vi*
Bual from going to the Enemie by Sea, Hee ufcd the
word Tirats in this place (as others of that age have
don) not for Robbers, as 'tis commonly taken • but
for fuch as beeing skilled in Sea-afFairs, were appoint-
ed to fet upon the Enemie's Fleets , and defend the
Dominion by Sea; Touching the derivation of the
word, the old Scholiaft upon Sophocles his Aiax , faith .
?\gLOjzLv KSLKyp-)st , That is, *t^ira , in the Attick Tongue,
ftgnifie's craft or art, and hence it is, that they are called ft-»
rats tifhich infejl the Sea, But when the Bnglifh-Saxons
and Danes^ in the time of K. Mfred^ were ever and
apoa ftrugling for the Soveraigntie in England ( for,
Sftrmt(indus,otGuthrunusKingo(tht Danes, was at that
time fetlcd in T>lprthumberland as a Fiduciarie Client or
VaSM to Alfred, and had very large Territories in thtf
Ori^nerJhipoftheSea.CiiAv. X. 155
E^d-pxtt of England ) their Fights were moftly by
Sea , as if they had both been of opinion , that hee
which could get the Dominion of the Britip? Sef,
would by ncccffarie conlcquencc becotii Lord alfo of
the Land, or of that part of the Ifle which lip's be-
fore ic. For this cauf al(b it was , that the Darpfs
growing ftrong at Sea, K. Alfred nnightily augmented
his Nival Forces, by building fhips twice as long 9s
the Danijh (hips, deeper, nimbler, and lefs rocking
or rolling , and (b much more convenient for Se^-
Fights. Florentius the Monk (aith , In the fame year
(:hat is to fay, the year of our Lord MCCCXCVIl.)
the Forces of the Varans refiding in Eaji-England and Nor-
thumberland, ufmg Tirade ufon the Sea-Coajli ^ did grie-
Vohjly infeH the Wefl Saxons Count tie ^ Ti^ith very long and
nmble Jhips , H^hkh they had built divers years before» At
gainH "^hom Jhips Tbfre built by the Command of /^. AU
fred, tmce as long, deeper^ nimbler , and lefs fifaving or rd*
ling by itfhofe force hee might [uhdue the aforefaid Jhips of
the Enemie. It is related alfo in the (ame words by
d^oger H/veden. But Htwie of Huntingdon^ (peaking
cxprcfly of the number of Oars that ferved for the
rowing of thefe (hips of Alfred , laith , King Alfred
caufed long fhips to bee made readie ; to Ti^it, of 40 Oars or
more, againUthe Danifh (hips. But there are ^ Chroni- fMs.Codices
cles written in the vy^xo/i Tongue, that (peak of (hips ^ini^inBihit*
of 60 Oars, and larger, built by him at that time- niAnl.mm"
out of which thefe Writers above-mentioned, and o- 897.
thers of the like fort , have compiled theirs. The
Words of the Chronicles are thefe, J?a her j^Jppe^
Cmg rimbpjan lange f cipu ongenj^a aef cas )?a ]fx-
jion pull neah rpa j*pa lange ["pa J7a otJpc. Si^me
hxpbon XL ajia fume ma, j^a paepon «g)?ep S©
j^pijrrpan geunpcaltvpan geeac heappan \9m ^a
Kk } 9^P^*
2^6 Book II. Of the Dominion, or^
otJjie. nxpon hi naj?op ne on ppij^ifc gej^cea-
pen ne on Denij'e buron f pa him felpm )?uhrc
y hi nyr peop)70f't:e beon mihron ^ That
is to fay, i(^w^ Alfred ^aVe command for the build-
mg of long Jhips to encounter the Danifh. !But they
Ti^ere twice as long as thefe j fifhereof Jom had fixtie Oars^
fom more* T})ey Ti^ere alfo more nimble ^ lefs rolling, and
deeper then the other. Not built after the f rifian or Da-
n\{h TfMnner '^ but fuch 06 hee conceived mojl convenient for
fightings So that there is no doubt but the buli-
ncfs of fhipping was mightily advanced in hii Reign,
gitnon^thc Englip?-Sa:cons^ in order to the defence and
maintenance of theit Dominiou by Sea. And wee
very often findc , that thole Sea fights managed by
Jlfred and his fon Edward , with various fuccefs , a-
gainft the Danes, and ISlpmians^ were undertaken ncc
without great numbers of Shipping. But in the
time of King Athelflan , who was very ftrong at
« Wfior.U') . Sea , upon the Irijl? Nation ( faich ^ Huntingdon ) a?id
thofe that dwelt in ^ips , there fell a fatal deJIruBion.
The Englip?-Saxon words in the anticnt Chronicles,
from whence Huntingdon tranlliced thofe, and which
^agrce w*^ thefe^arc, Scoz:ra Jeot)e "7 icypplo;:an pji
f eolJan, which fully lignifie the fame thing. For ,
Scorra leoce or the Scotif? Nation and "icots are by the
Antients often taken for the Irijh. Hee aljo (faith the
fame Autor) led an huge Armie by hand and Sea into
Northumberland and Scotland, ajid in regard there "^i^as
none appear d to make any oppojition , hee marched up and
down the Countriey and yifajiing it at pleafure, returned Ti^itk
Triumph ; whereupon faich a ^ To'et of that time,
Malmsbur' Jam cubat in terris fera barbaries JquiloKPS t,
de gefiis Re- Jam jacet in campo^pclagOjpirata^ reliBOj
gum 2.c4p. 6. lUicitas torVdJ^ue minas Analavus anhelans,
il20ttJ
Oiwerfloipofthe Sea. Chap. X. 25^
jl50U) Analave, tl)e ^XXAty IS D'?etl)?Ott)tt,
aatjD tKitiing left tl)e ^ea> on ?lanD Dotfj
lie,
:^ui> fpiiietftti tOjteats b?eatD'S out asainft
toe^we*
This j^nalaVus was King of the ' Irif?^ and of ma- i Roger Ho->
ny Iflands, who invading the Coafts of /^rWy?^72 wich ^^^^'"««j^'j-
a Fleet of DCXV Uiips, at the mouth of the River Ann.g^iy.
Humber, received a great overthrow^ and was put to & Fiorent.
2L mod fhameful Flight. But King Edgar (as faith ^3!.'"^"*''""*
^Florentius oiWoreefler) /atling about the North 0/ Britain
Ti^ith a great TSlaVte, arrived at Chefter ^ tt^here his eight ^JIJ*^^'*
pettie Icings met hirrij as hee had given order ^ Tbfco /ware feal-
tie to him , and that they l^ould afiH him both by Sea
and Land^ Or, as ' Huntingdon faith of the fame thing, 1 AnnoEd^ra-
they all did homage to him , declaring themfehs readie at his ri, 13. Hwi-
command to ferV him by Sea and Land» Among thefe ^'"^^^"-^'^'
pettie Kings there was one Miccw/J^, whom Hoveden
and Florentine call a ^ing of njtry many JJlands ,• and
Florilegiii , a I^ng of Man ^ and (very . many Iflands,
William of Malmsburle call's him an Arch Pirat, More-
over , the fame King Edgar, as if hee intended to let
forth the fplendor, magnificence, and as it were an E-
pitome of his whole Empire in Sea-afFairs and Ship-
ping, did (as fay Florentius and HoVeden, during his
abode at Chejier) enter into a Boat, Tt^herein bee 'it as rowed bjf
thofe pettie I^ngSj himfelf holding the Stern , and fleering it
about the ^ver Dee ; and beeing attended by all his Dukes
and furs in fuch another Veffel , hee failed from the falaa
to tk Momfterie of S, John Baptift, Tt^here an Oration beeing
made to him , hee returned in the fame pomp unto the falace.
In
258 Book II. Of the T>ommon, or.
In the fvery Entrk tt>hereof bee is jrcported to haVe /aid to his
Lords, that then his Succejfors might boaft themfelvs Kjngs of
England , t^hen they fhould bee thus attended by fo many
Kings ^ and enjoy thejlate and glory of fuch honors-^ or ^ as
Malmsburie write'3 of the fame thing, ^pphe^ they [l)ould ou
joy fo great a Prerogative of honors'. So many Kings as
Vaflals, to bee readie alwaies to aftift with their For-
ces 5 whcnfoever they fhould bee required, both by
Sea and Land. There is alio a notable teftimonie in the
(imc Fhrentitu ^ and the Monk of Malmsburie^ how
that this King failed round about his Sea every year, and
fccurcd it with a conftant Guard and Forces. Everf
Summer, faith Malmsburie ^ immediately after Eafter^fc^e com^
manded his [hifs upon every [hore to bee brought intoa^odie^ •;
failing ufualJy ^ith th EaHern Fleet to the WeH part of
the Ifland^ and then fending it back, hee jatl'd Vtth the Weft*
ern Fleet unto the Northern^ and thence "U^ith thelSlorthernhee
returned totheEaflern, beeing indeed ^ery diligent to prevent
the Incurfions of <Pirats ; that is , behaving himfelf in thii
manfully (as fay Florentius alio , and HoVeden) for the de* '
fence of his Kingdom againfl Voreiners^ and the training upof-
himfelf and his people for fi^arlike empkiments. Thus the
Guardianftiip.or maintenance of the Dominion by Sea
is evident. J||
But as conccrnin^thc Fleets aforementioned, they
each of them confifted of MCC fhips, and thefe, as
Writers fay cxprefsly, very flout ones 5 fo that in the time
of his Reign , the IBritifl? Navie confifted of fuch
fhips to the number of Three thoufand fix hundred Sail,
«> In anno as " Florentius and Floveden fpeak cxprtisly. But others
nM I Bib- ^^^^^) ^^^^ ^^^^^ Fleets amounted to Four thoufand (hipS;
liotheca Cot- as " John Bramton Abbot of JorVaux , others adding to
miara» jhele Three a Fourth Fleet^ whereby the number is im
crcafed to Four Thoufand Eight hundred Sail 5 as you may
fee
Omerjhip of the Sea. Chap, kl i^^
fee in Borilegus, So, as Vlorentm alio faith , Hee by tht
help of God governed and fecured the hounds of his fQn^doni
wh Prudence ^ Fortitude y Ju^ke^and Temperance^ as long as
hee lived, andhaVmg the courage of a fierce Lion^hee kept all
the Trinces and Lords of the J/les in aw. Wee read alfo
in Ordericus Vitalis, of King Harold or Herald, that hee fo
guarded the Sea 'Ufith a force offoldierie and fi^ipping^ that none
of his Enemies could ftithout a fore confUH, invade the l!\in?^
dom.So that wee cannot otherwife conceiv, but that thcfc
Naval Forces were at that time cjifpofcd , and the Sea-
Fights undertaken, for the defence and guard of the Sea,
as an Appendant of the EngliJh'Saxon Dominion in this
ifland. Efpecially, if wee duly compare thefe things
alreadie manifeft, with tho(e which are added by and
by to this particular, couching the lame age.
The Sea-Dominion of the EngliJh^S axons ^
and T>aneSy during their Reigns in Sr/.
tain, obferved in like manner , from fuch
Tributes and Duties of their Fiduciarie
Qlients or Vafpils^ as concerned the main^
tenance of the U\(ayie. Alfo , concern-*
ing the Tribute or Paiment called 2)^»^;^
geldy which was wont to bee levied for
the Guard of the Sea. h
Chap. XL
H
Ere follow next the Tributes gind Duties of Faffals^
concerning the maintenance of the Navie oi*
Guard of jhe Sea; which arc evidences alfo of
Li that
z^o Book 1 1. Of the T>omnion^ or,
that Sea-Dominion which was in the time of the Bng-
up? 'Saxons* I call thofe Tributes, which were Wont
to bee levied for the re-infoxcing ot the Navie, and for
provifion of Vi(StuaU for the Sea-men. Of which
^inde were thofe that were levied, according to the va-
lue of mens eftates in Land, for the fetcing forth of
{hips in the time of King Ethelred, for, at that time
whofoever poffefled CCCX. 0JJ^^> ^^ ^^^^^ ^^ Land,
vras charged with the building of one (hip. And chey
were all rated p^oportionaWy, after this manner, who
were owners of more or lefs Hides fit of part of an Hide-^
* Ms. anno as ^ MariofiHS Scotiis,Hoyeden^2^Dd Florentm do all cell us
mltbi^a i« ^J^^ v^fy f^-«*.^ words, Ethelred 2Cm^ o/England (T^y
Comniana. thcy) gave ftri<^ conppna^nd (/^4t one Galliejhould bee char-
ged upon CCCX Cajfati^ hut a Coat of Armor and an Helmet
upon vine^ and that finps Jhould bee built throughout all Eng-
land, Tl^hkh beein? made readie^ hee <viBuaUed and manned
(6ew "^hh choice fmldiers, and appointed their Eendezyom at
th& ¥ort of ^A^dwich J to feci^re t}e ^^W^ds of his I\ing'
^Hifior.mi' dom fiom the irruptions of Por/einers, Bu; ^ Hetir{e of
"° w-^^* '" £3«wriwgJo»^ as alfq Matthew Taris^ apd Florile^us, (pjeak-
Cotmiana. ing of the faroething fay ; The ^in? charged one Jhip up^
on three hundred and ten Hides of Land u^rou^ all England-
4/^ f£oat' Armor and Helmet upon eight fjides . T^en Hun -
tip^dpn tell's what an Hide do;h fignifie. But an Hide
in'B^gliJh^ faith hec, isfo much Land as a man can tillii^ith
one flow for a year. Others there are that determine o-
^ A c «e therwile touching the quanticie of an Bide : And moft
Und,Le. Certain it IS, that it was very various, according to the
X*^^*l ^^^^"^C"' Cuftom of Cguntri^^; but the lame with
by one Caffata and ^ Carucata- Indeed, the Englijh- Saxon
vin a Chfonicles pf t^^c At^bic of *" Abingdon , do Ukewife
in Bib- n^cntiop Hides here expref§ly* In the year mvIIJ. ^ep
^aCet' bebgaO jfe C^Pg (fty they) f man jrceoloe opep
'• " " ' eall
Ovonerfhip of the Sea. Chap. XL l6i
dall angelcyn fcipu pfrlice pypcan -f if oonn
op t^pim hund 5iDum 'j op Tynum jcnne j^ceg^. *] op
yflj^ bibiim helm ^ bypnan,Thac is to fay, r/;e i^i/g
oay^e commmd for the building of Ships carefully throughout all
England ; to "^it ^ that one Gallie Jhould bee charged upon
CCCX fiides of Lafid j but a (oat-^rmor and Helmet upon
eioht Hides, And it vTas ufual, according to the Laws of
that Age, chat the ricl»er fort niould bcctaxcd by the
number of Hides ; as wee fee alfb throughout that IBre-
rvime of Enzland or the Book of Rates called ^ SOOmfS- t ^'''V"^^
^^Vy vwnich was hrlt written in the time or King scaaarU.
Williamt Huntingdon add s alfo, that there never had been
fo great a number of Ships in the time of any one in "Britain j.
which is teftified in like manner by the Saxon Chroni-
cles before cited. So thst, that moft numerous Navit
ofKingfi^^r (mentioned in the former chapter) was
not to bee compared with this. But ycc that moft
learned man and great Light of our lOand^M^ ' Qm- \^^^''''^'^'
den , hath fo caft up the number of Hides throughout
England,owi of the antient Records of that Agc^ that they
do not exceed 245600. If this had been fo, then they
could have fct forth no more then 78 5 Ships by this
Tribute, which is a Icffer number then that of King Ed-
gar by fomthoulands : So that (bm other account is to
bee made concerning \Mdes^ which is not to bee handled
in this place.
Hereunto belong's that o[ Huntingdon, touching King
Canutes and his Son Harold. In the dates of Harald (faith
hee) as alfo in the time of his Father, eight Marks l0ere paid
by eyerie fort for XVI Ships. In the like manner, HoVeden
faith, there 1^04 a Tax impofed Tt^hicb "Upos paid for the
maintenance of the X^aviej when King Canutm and King
Edmond made an agreement in an Iflc in the . midft
of Severn J called O/^^jfy. Moreover, Hwm'n^^o^. writes,
L 1 2 that
26z Book II. Of the Dominion, or,
that I lOj^S pounds itfere ratfid by Hardecanute King of
England^ before hee had reigned two years , for thirtk
two Ships (that is to fay, for the building of two and
f Mm tbiitie Ships. ) Hee ga've Command alfo ( as ^ Matthew
1040. WeftminUer faith) that eight marks p?ould bee paid to ey^erie
Bower of his NaVtCy and ten marks to each Commander y out
of all England. Hee faith again alfo of the fame King .
that bee appointed Officers through all parts of the I^ing-
dom, to coUeH the Tax impofed^ TlifithoHt fay^ouring any^ and
therellfith to proVtde aU things neceffarie for his Forces at
R^wo eo- ^^^ ^nd Flormtius faith • ^ Hee gaye command for the
paying of eight marks to every J(ower of his NaVte , and
twelve (fo wee read it in that Autor ) to everie Comman-
der ^ OfUt of aU En^2nd '^ a Tax indeed fo grievous, that
Jtarce any man foas abk to pay it. But thcfe things
fpoken of Canutus^ hisfon Harald, and Hardecanute re-
late perhaps unto that Tribute or Tax called Danegeld :
which was paid yearly for the maintenance of the
Navie and guarding the Territorie or Dominion
by Sea.
Am«ng the old Laws of England it appears; that
the pMsment of Danegeld T^a^firfl impofed becauf of Pirates
(either Robbers or others invading the Sea.) For , they
infefling the Countrie^ T^afted it as far its they ^ere able,
^ApttdRo' Therefore for the reprefimg of their infdence , it itfos deter-
ger,Hoveden, mined that OH yearly paimentfhouldhee madeof^UXltQtVi;
f^^t^'^-M^^ that is to fay ^twelve pence upon every hide through the yphole
TondL fig. £<W(i, for the pay of thofe that fhould hee imploied ta hinder
So^nEdiu the eruption of Pirates. So wee read it in fom ^Copicsj
r^a 'others render it /rr«frf(W. But the other reading fccm's
-LmUrd. dt toGgnific, that this Tax was impofed , for the raifing
^gUrmuli' andmainteiningof Naval Forces, fo to guard the Sea,
bus^joL 128. that Pirates or Enemies might not bee able co make
t^t^fTioi. any eruption from the Shore on the other fide of the
Sea,
Ovpner/hipoftheSea. Chap.XI. i^j
Sea. Norcan the word &«/7/io«othcrwircbcc well puc
in that place. So that even that antient Digaitie of the
Count of the Saxon jhore ( whereof wee hare alrcadie
ipokcn) is therefore not obfcurcly rcprcfcnted by him
who commanded ai Admirdoytt^t Heets of that Age;
This Tribute or Tax had its beginning under King
Ethihed, For, hec becing brought into miftrablc
ftreighcs by Swam King of Denmark^ becing forced to
buy a Peace of him, hired xLV Vanipj Shi{)s al(b by
Agreement, for the guarding and (ecuring of his Do-
minion in the Sea, who were to receiv their pay yearly
out ofthis Tribute for their maintenance. For the right
underftanding whereof» it is to bee obferved out of the
En^l'jh Saxon Storie , that the Tribute or Tax u'ually
paid at that time to the Danes ^ was of more kindes then
one. There was one Tribute or fum of Monie, where-
with the En^lip?'Saxcm were forced lomtimes to buy
Peace of Rich as gricvoufly infcfted the llland. But ano-
ther was levied to pay the Danijh Navie, which was
hired to guard the Sea and defend the Sea-Coafts. The
firft kinde of Tribute appeal's by that of Florentius and
HiVedm, in the year MVII. Ethelred f^ing o/" England
by the advice of his Lords ^fending Embajjadors to the Danes^
gave them (jmmlfsion to declare^ that hee 10$s fitting to defray
their Chags and pay them a Tribute upon this condition , that
they Tft?o«W defijl from rapine^ and eHablt/h a firm Teace fifith
him. To "tt^hich demand of his they yielded. And from that timt
their charge lixt/S defraied by all England, and a Tribute paid^
fifhich amounted to }6ooo pounds. That is, hee cflFc6led
this onely for the prefent, that hee obteined a peace for a
time by monie^ Tifhich hee could not by jirms, as Florilegus ftith
well. Four years after alfoj^fl the great Lords ofEngland
of both Orders^ met together at London before Eajler^ and there
they fiaid fo long till paiment Ttfos made of the Tribute pronufed
264.
^ j4rmo 1012
ij4utorChro-
nkiMelrofen-
fts, Ms. in
Biblistbeca
Csttoniana.
» In Bihlio'
tbeciCotto-
niana. Anno
1012.
Book II. Of theT)ominion, or^
to the Dznts^amomting tofourtie eight thcujand pounds -^whlth
weereadcof likcwifc both inFlorentit^ and ^' Hovedin,
But this was paid to the intent, that all Danes ^a^hich
Ibrre in the Kingdom, Jhould in every flace dwell peaceably hy
the BngUpyy and that both People Jhould haVe as it "^en 07H
heart and one foul ^ as it is expreffed by Florilegus. Other
paflages of the fame kinde there are in the ftorie of that
Age, yea and fom of an elder dace. Yetthisfirftkindc
of Tribute was not wont t® bee paid yearly, but levied
now and then, as occafion required. Notwichftand-
ing it may bee true perhaps which ^ Ibm write, that E-
thelred in the aforefaid agreement of the year mviI yield-
id to pay every year a Tribute of Jhirtiefix Thoufand pounds
to the Danes , for a longer continuation of the peace. Wcc
read here that hec yielded or granted, but no where like-
wiie that hce paid ic. But as forthcfecond kinde of
Tribute, which was to bee paid (as wee have told
you^ for hire of the Danifh Navie, it w^as a yearly Tri-
bute, and levied at the fame time, at leaft in the fame
year, (to wit, of our Lord MXllJ wherein thefe four-
tie eight thoufand pounds were paid to procure a peace.
Nor was it limited by any fec-lumme of monie, but
fo much as would ferv for victualling, and clothing the
Forces at Sea. 4Florentiu6 and Hoveden in the aforefaid
year fay » ^fter thefe things^ upon paiment of the Tribute,
(meaning that of fourtic eight thoufand pounds) and a
confirmation of the peace hy Oaths ^ the Danifh KaVte Tiphich
Ti^as before in a ^odie, Tt^as diffofed and di^erfed abroad afar
off, "iut XLV fhips remained tipith the IQng^ and fware fide-
litie to him , and promt fed to bee readie to defend England <i-
gainfl ForeinerSy upon condition that hee tPouldproVide thm Vin
Buals and Clothirig. This is related likewife in the Eng-
Up?~Saxon Chronicles o( the Abbie o( "^ Abingdon ; Ba
f'S^fol'^xltyvfxy^ ppi^ a)?aj- siyyoptoQ yxpoa
OrpnerfhifoftheSea. Chap.XI. ig^
j?aro f^ejibe j-e P?e/7ej?i&e)^j?a he app ^egabejio&e
«icf-. £)a bugon ro )?am cynge op j^am hejie pp •]
jreo^eprig ^cypa. "^ him beheron ^ hi j^oltDon
j7y|'n'eeapo heaban 'j hehi(:eban)^ceoloe ^j^cpy-
don. Thzz is, the Tribute beeingpaidy and Oaths of Ami-
tie taken^ the Armie (or Navic^ Ti^hich Ti^as before in aBodie^
Ttfas difperfed abroad, ''But fourtiefive Jhips of that Navie
remained T^ith the I^ng^ and promijed upon Oath to bee readie
for the defence of this Land , upon condition the ^Qn^ did
finde them FiBuals and Cloathing, Swane was at that cime
king oi Denmark, with whom Ethelred mack this agree-
ment. But both the kindes of paimcnt aforemention-
ed, were called D2Lnc'gdt)^Danegeld,0TDana^eld, that is
to (ay, 'Da?iifh Tribute* The firft kinde is expressly inti-
mated by this name in "" Joannes Sarisburienfts ; where hec n /« Poiycra-
faith, Swane "Rafted andjpoiled the Jfland of Bnmn, the great- tko, feu de
eji part -^hereof hee had in his poffe^ion , and affliBed the ^^''ifb^s!'
Members of Chrijl Ti^ith many perfecutions ^ by an impofition c^p.ai.
of Tribute J fi>hich in the Englijh Tongue they caff Danageld.
But the fecond kinde which was paid for the mainte-
nance of chc Forces by Sea was called likcwife by the
lame name, both becauf it was occafioned by the a-
greement with the Danes, as alfo Becauf it was wont to
bee paid to the Danifl? Fleet, that wai hired to euard the
Terricorie by Sea. For which cauT alfo it reteiiied the
lame name, not onely under thele Danifh Kings, Canutt^,
Harold the firft , and Hardecanutus , biit alfo 'under the
Englijh-Saxon or Englifh. And that this which wee
have fpokeq was the Original hereof, is affirmed alfo
by Ingulphu^ the Abbot of Crewland , a witnefs beyond
allexception,who lived at that time. Hee fpeaking of
the affairs of Edward the Confeffor, faith, ''h the year oEdiuUn-
mTu (which was the tenth of King Bdward) inregard din,fag. sio.
the Earth did not bring forth its fruits iri^focb plentie as it^as f^^""^"""''
T0&nt
%66 Book II. Of the Dominion, ovy
"P^ont , but deyoured' Very many people by famine , hifomch
that many Thoufands of men died through the fcarcitie of
Corn^ and^antof^read'^ therefore the mojl piom JfC/?g Ed-
ward, keing moved fi^ith compafsim towards thepeoj^le, releafed
that mojl grievous Tribute called 2D8inifl0W)j to all Eng-
land for ever» It is reported by fom, that this mosl Beligious
l\irjg beeing brought by his Officers into the Exchequer , to fee
the ^SniQtlly that '^as colkBed , and to take a view of fo
yafi an heap of treafure^ flood a7na:^d at the firH fight, protefi-
ing that hee beheld the Divel dancing upon the heap ofmonie^<(^
extremely rejoycing ; yiJ^hereupon hee immediately commanded
to reUore it to the former Owners, and t^ould not Keep one jot of
fo cruel an exaSlion ; but remitted it for eVer, to "^it^ in the
thirtie eighth year after S wane IQng o/Denmark command^
ed it to bee paid every year to his Navie,in the time of his Father
Ethelred. By dif-counting 5 8 years from the year 1051.
that year 1012. is fufficiently manifeft, wherein the be-
ginning pf this Danegeld is placed , according to that
which hath been alreadic fpoken. Nor is it any pre-
judice at all, that there (eem's perhaps to bee one year o-
ver and above. For, fuch as are verft in the Chronicles
of the Monks, know well enough, that differences of
that kindc are very frequent among them , clpecially
by reafon of their carelefs confounding of the years of
our Lord , and of the Kings , whole beginnings do
varioufly differ, as every man knows. Nor is it pro-
bable, that they were fufficiently agreed touching the
Tribute and Taxes before the next, or one thoufand and
thirteenth year. For , concerning that year, Florentius^
HoVeden, and others (peak exprcfly thus 5 In the mean
time the Tyrant S wane gave command to make readie ^Provu
Jidns in abundance for his Navie , and for paimcnt of an
almoH intolerable Tribute, In like manner Turkillus fent out
his commands every yifhere-^ thatitjhotdd hee paid tohisFleet^
which
Ovpnerfhif of the Sea. Chap.XI. i6'j
%>hich toy at (BltntVOiC% That Fleet of xTv. (hips
rode now and then in the Thames ncer Gremwich^ and
then firft received their promifed pay. That is, in that
very year, which bcemg difcountcd is the Thirtie eight
year, as Ingulphm would have it : wherefore its begin-
ning was not ill placed in that year. Without all cjuc-
flion, that Jngulphm was a Courtier in the tinf>e of King
William the firfl;, or a man of no mean account , at the
time wherein that was don which hee relates : lb that
c(pecial credit is to bee given him in this particular.
Whereas alfo hee faith, that King Edward remitted Dane^
geld for ever , the fame thing is affirmed alfo by ^oger
Hoveden^ and Matthew the Monk of WeHminJler; who
faith, In the year of Grace MLL ^ng Edward ahfotved
the f eo/?fc of England from that mofl grievous Tribute of
58 thoufand pounds , TbWc^ f^as ufually paid to tU DaniCh
Auxiliaries ^during his Father s^tgn. Whereof wee read
alfo in ^Matthew Taris. But HoVeJew faith , l^^.Edward pHiji.mimt,
ahfohed the people of En^hndfrom that grievous Tribute, in ^I'J^F^^''
the thirtie eight year after that his Father JC. Ethelred had com- niana,
manded it to bee paid to the Danifh Souldiers. Others there
are alfo that write to the fame purpofe. Som of the
^ Engli[h:Saxm Chronicles place the fame thing in the nMs.inBib.
following year, and fo affirm, that there intervened 39 imka cot-
years from the beginning of this Tribute (which alfo '^^^ff^;^'"^'
they call f^epegylo otHeregild, that is, a Mtlitarie or GmiGishuT'
Naval Tribute) to that abolifliment of it by King fif. "^^^^^ ^"^'
Hfdrdh Neverthelefs, as to whatconcern's its beginning,
they agree with Ingulphws and Hoveden, to wit , in the
year ML II thole Chronicles render it thus- AleOe
gabpapb cyng f bejiegylD ^ J6j7elpe& cyng xp
afreaibe- "^ yxy on j^amnigon *] j7|iimgo)?an
geape )?2ep J7e hehr on ganoon haepbe. That is to
(ay, K.U^NZT(iabolijhed that Mtlitarie Tribute, or Hcrc-
Min gild,
l6S Book II. Of the l^ominion, or,
gild, Tifhich had been formerly impofed by I^» Ethelred ^ to T^it,
in the nine and thirtieth year after it began. But yet in the
r Ms. Tenhs Autor of that "^ Dialogue concerning the Exchequer , written
Camerarios in the time of K. Henrie the fccond^ (commonly (up-
27 Uem ha- P^fcd to havc bccH Gervafius tilburienfis ) wee read it
hem Viaio' was paid yearly even till the time of K. William the firft
^^dteRubro o^^ ^^^e No^wdw Conqueft ; that is to (ay, for fourteen
pe«a Kme- ycats compleat , immediately after that abolKhmcnt
moratorm Pof/o long K. Edward reigned, whom that William fuc-
^^*^' ceeded. The Autor's words are thcfe ; The ^irats of
the adjacent Iflands, haying made an irruption^ andjpoilif^ the
Sea- Coafls, carried away Gold, Silver ^ and all things of any ^4-
lue. 'But affoon as the i{ing and his SubjeBs fet forth arnpn-
parations of Warr^ for the defence of their Natim,tl^ prejmtly
fled away by Sea. But the chief among them^and eyer mare
inclined to mifchief "^as that Tiparltke and populous Nation of the
Danes, *Jb/;o be fides their ordinarie defire of prey • prejjed 01
the more furioufly^ becauf they laid claim to Jomwhat of aaU-
mt Eight in the Government of the Kingdom^ as the Britidi
mUorie relate" s more at large. Therefore for the repelling of
them, it fi^as ordeined by the Kjngs of England, that tipofbd-
lings fiver upon everie Hide of Land fhould by a Kindt ofCn*
flom for ever bee paid for the maintenance of waliant meUj Tlpho
byfcouting about continually, and guarding the Sea-Coaftsjm'^ht
reprefs the InVafion of Enemies, And in regard this T\evefme
"^as appointed chiefly becauf of the Danes, therefore it li^as
cd//fJDanegeld. And thereupon it "^as paid by yearly Cu-
Hwn (as hath been faid ) under the Englifh I<^ngs , fmti
the time of K. William the firfl^ Upho "^as of the Norman
Stock and Ts^ation. So that Autor , who would havc
this Tribute to derive its name from the Dams , as if
the Navie had been mainteined thereby chiefly to driyc
them from the Coafts of En^and. But queftionle(s,
the firft rea(on of the name , is to bee received, as \i
hath
Ovi>nerJhipoftheSea. Chap. XI. 169
hatK been alleged out of the paflages above mentioncdj
though afterwards there was a Subfidie raifed and Tri-
bute paid for the like Fleet, confiding of fuch as were
v\otDams^ orof £«g////?, for the repelling of the D^w^j
thcmfelvs , which was not improperly called by the
fame name. Touching the paiment hereof afccr the
Norman Conqueft, 1 fhall add more ^by and by. But f^^P ,.^
as concerning what hcc faith here , that two fhillings
filver upon everic Hule were wont to bee paid yearly for
the railing of this Tribute, the fame is affirmed al(d by
other antient Autors , as ' TjVg^r HoVf^e/i, and "" Matthew 'EJinLon-
Taris : So that thefe men make the paiment double to ^Jyj^'f^^^f"
that which is before alleged out of the Laws of the cofurt.fag.
BnolifJ)' Saxons, The yearly paiment of this Tribute is j??* .
Valued alio by Matthew or Westmmster,oc Matthew Tans fit n Ms, in
thittie eight thoufand pounds, as appear's by the parti- Bibliotheca
t 1 J- • 1 L* L 1 • *^ I Cottonia-
culars alreadie cued : which truly was written by ni-.in ste-
thenn with very little difcretion. Nor have they dealt fbaniR.ini'
any better, who let down that paiment at the rate of ^"^'
ihirtie thoufand pounds, as the Autor of the Chronicle
called "^ Chronicum Melrofenfe. For , at what rate foever ' ^^^- '^'^•
that Tribute was paid to the King , according to the
•alteration of times, it appear's for certain, that th^ Sti-
pends ufually allowed to tht Vanijh Fleet were (b un-
certain, that they were fet fomtimcs higher, fonctimes
lower (as wee muft fuppofe it could not otherwifc
happen} according to the number of Ships and For-
ces that were neceffarie for the Guard of the Sea. Of
which al(o there are examples among Hiftorians. Flo-
tent'm in the year mXIV. faith , K. Ethelred gave cm-
mand^ that the Tribute amounting to thirtie thoufand pounds
fhould bee levied for the Fleet 'a>hich lay at (J^lttitVOlC^ I So ^ ^^ . g.^
alfo HoWew. But the ^ Engli[}?'Saxon Chronicles of Jiotheca
the Abbie of y^hingdon fay of the fame year . Se cyng Cottonia-
Mm 2 her
z'jo Book II. Of the 'Dominion, or,
her gy loan J7am bepetSe on gpenaj?ic lafig xxT.
j^Lij^eqD punt). The K^ngcommandedthat iiood (hould bee
paid to his Armie-^ (l or lo that Fleet is called every where
in Englifii Saxon) ^hich rode at Grcnewich. Here (you
fee) is no fmall difference in the number of pounds.
Buthowfo^ver, if ic bee to bee conceived of the yearly
Tax or Tribute, then it was far lefs this year then it is
reckoned by thofe Monks , who (peak ot thirtie eight
thoufand pounds. Four years after , in the Reign of
King Camtus^ (who was a Dane) a far greater luncime
of Monie was raifcd for the maintenance of this Fleet.
That FWwft«5,whom wee have often cited, faith 5 In
this year ^ (that is, MXVTn. SeVentie two thouja^id pnmds
out of ail England J and one thoufand and fifde founds cut of
London, "Rfefe paid to the Danifh Fleet -^ and there ronahi*
ed four tie jhlfs TtfithK* Canutus. Twt the refl Ttere re-
turned to Denmark. Of which year HoVeden fpeak's
thus- Out of allET\^3LX\d feVentietwo^ mid out of London
41O pounds fi^ere paid toth Danifli Armk or Fleet, And
there remained/src. They differ about the Snmmc , not
the Thing, wherein they agree with the Englifh-Saxmi
Chronicles before mentioned. Yet thcfe altogether
fpeak contrarietothataccomptof the certain fummes,
""HiHor. Mi' as it is fct down by the aforefaid Monks, But * Mat-
Bibli^hed *^^^ ^^^'^ 2"^ Matthew Weflminfler fay of the fame
Cottoniana. Time, that Cnute (ent home the Danifh Fleet , and Sti-
pendarie Souldters^ (except fourtie (hips , as appeal's by
what hath been faid alreadie) having paid them out of all
Enghnd eightie two thoufand pounds in fiver. Alfo, in the
(econd year of King Hardecnute , a Tax '^as levied for
th DzmttiArmie or Fleet ^ amounting to iiooo pounds^ and
89 pounds y z^ Huntingdon tell's us. All which particu-
lars do, Ifuppofe, fufficiently demonftrate, that the
Dani[h Tribute here mentioned was not fixed to any
certain
Ovpnerjhip of the Sea. Chap, XL 271
certain fummc of yearly paimcnt ; and alfo that an
huge fumme of monic was wont to bee paid yearly
atthatcimeto the Kings of England, for the Guard of
the Sea, (for, towhac purpoft elf was that Fleet al-
waics kepr, and fo great Taxes levied every year for
the maintenance thereof ?) But in the Reign of King
Henrie the lecond, the name of D^^i^^eW grew out of
ufe, Tributes or Taxes beeing ufually paid ftill, not.
wichftanding by other names that are very well
known, for the Guarding of the Sea ; as wee fliall
(hew by and by. But they are extremely miflaken,
even they who agree either with John ''-''Bramton the Ab. a Ms.in Bib-
bot of forVaux. or fom other Autor out of whom hee liotheca
y , rii-i •!•• L Cottonia-
wroteir, or any others ot thatkmde, m deriving the na, d««a 13.
Original of that yearly Danegeld , fo often mentioned SthdrediRe-
cvery where , from the former kinde of Tribute, %\Tt>a!f7.
which was paid to the Danes, for the procuring of a
peace,- and they alfo who ^ would have the Warr to hjptd Jacob.
have been undertaken by the Danes and Saxons againft ^"f""'"*
the "Brkains , becauf they denied them a freedom of p^.
Navigation, and that the end thereof was , that this
Tribute was upon that accompcimpofcd upon the Na-
tion when it was fubdued.
Now, as concerning the Duties of Fiduciarie Clients or
Vajjals^ wont to bee paid in that Age for Naval Expe-
ditions and the Guard of the Sea, wee have fet them
down among thofe particulars which were fpoken of
KingEJg^r in the former Chapter, The Pettie Kings
or Lords of the neighboring Ifles were bound to him
by Oath to bee readie at his command to ferv him by
Sea and Land. And in that famous Breviaric or Re-
gifter of England called " ^Oin0SD3p> (conteining ve- c ms. penes
ry many Cuftoms in ufe among the ifi^j^/i/^^-vS'axewj, be- Camerarios
fides the afeffment of the Provinces, and written in
Mm J the
B
lyz Book 1 1. Of the dominion, or,
the time of William the firft) wee read thus^ It is a
Cujlom at Warwick , if the l!\ing H^ent by Sea ugaitiU his
Enemies f to jmclhim either w . Bat/ueim (Sea-(buldiersor
Rowers) or elf Tv* pounds in mome. And at tixccftcr,
yt^hen hee made any Expedition by Land or by Sea, this CttU
ferVed after the rate of V. Hides of Land. jBatilCft^
pie, S<POefO?ll> and XOttmiS ferved as far as that
Citie. That is, thcfc three Towns paid as much as
ExceHer alone. Moreover , Clocefler yielded XXXVf.
D teres of Iron and c. iron Rods fitted to make nails for the
Kings lhij)s, Leicefler alio, if the King'^ent againjl his
Enemies by Sea, fpit him four horfes from that Town to Lon.
don , to carrie Arms or other neceffaries. Concerning
%tVi)tS alfo, a chief Town in Spffex-^ there K,Ed^
ward (the Confeflbr) had CXXVll. Burgers at his fer^
rvice. Their Cujlom was, if the King went not himfslf in
per/on, but ftnt others to guard the Sea , then they coUetled
XX- Shillings of every mm , of what CcuUrie JoeVer hee
were, and provided men who were to look to the Arms on fhip»
hoard. Here Very expreft mention is made of the defence
orGuardianfhipof theSea ic felf. And in Cdchefler.
an eminent Town of Effex^ weefindeicwas the Cu-
ftom of that Age, to pay out of every houf fix pence a year ^
that was able to pay it , for maintenance of the Kings
fouldiers upon an Expedition by Land or Sea^ <src. AnX this
ought to bee the rate, if the King fhall entertain fouldiers. or
make any Expeiition, All thefe particulars arc in that
Regifter : And others there are in ic of the fame klndc.
But an Expedition by Sea fignified in thefe ceflimonies
not a Warr to bee undertaken for fubduing the Domi.
nions of their neighbor s lands, but moft clearly a pre-
paration and enterprift of Warr, for the guar ciing,(cour-
ing, and keeping the Sea, as a part of the Empire of
Britain: As it fufficiently appears out of the Hiftories
of
O'wnerJhipoftheSes. Chap.XII. 275
of that time. For, wcc do not rcadc , that our EngUJh-
Saxons or Danes had any other quarrel at that time, with
any of their Neighbors whatfoever, unlefs it concerned
either the ^rittjh iflands or the Sea belonging thereunto.
Which alfo is e(pccially to bee confider'd.
The TeHimonies of Edgar and Canutus,
IQngs of E>n^\2.ndymth others exprejsly
declaring the Dominion "Vphich they and
their predeceffors had over the Sea • toge.
ther with an obfervation touching the JA^-
tionsyphich in that age vpere feated upon th$
oppofite Shore.
C H A p. X 1 1.
TMat wee may at length (et an end to that fourfold
diftribution which wee made of the Teftimonies
of that Age, let us in the laft place add the ex-
prefs decerminations of Kingfijg^r and Canutus con- ^^p^^^Q^^ll
cerning their own Dominion over the Sea. As for Maimsbur.de
Edgar ^ the title which hee commonly u(cd, ran thus j j^^-^ '^t^m,
■ I Edgar So^feratgi Lord of all Albion, and of the Maritim b infpexi- "
or Infular ^ings inhabiting round about. So hee make's the "^^ in "Ksu
bodie of the Sritijh Empire to comprehend all the Mari- p/^[*/^* sj^'
tim Kingdoms that layabout, that is to (ay, all that are habetur
Situate in the BnVi/^ Sea. And this hee more plainly ^^^^g^^'-J
declare's in the Charter or Deed by which hee letled re- Monarch.
venues on the Cathedral Church of WorceHer , in the f"^T^
year DCCCCLXIV5 if fo bee the copie were rightly 60. And in
rendred by thofe who many years fince printed fo much ^"f*^^^^ ^'*
of it as concern's this title. The words are thefe, ^ M- ' pJrf "wS.^3,
titonantis Dei largiflua, dementia ([ui efl T^x ^effim^Bgo' ^^^-19'^-
Edgarus '^'
z74' Bool^ 11. Of the dominion, or^
Edgarus An^orum Baftlem omnimque T^egum infularum^ Oct-
anique Britamtani drcumjacentU {io John ^^,2l man very
well fcen in moftparts of Learning, did read it a good
while (ince, faveonely that in ftead of (jBm^jwnww) hee
^it^ejnhis hath C^nMwwwm) while ' others reade, /w/^Wttw Ocmw
Treface ad qu^ Britanniam circumjacent ) cunBarmque nationum quns
Commenta- -^ ^^^^ includuntur Imperator <^ Vominm . oratias ago
riorum Ju- . -' ^ ■ /n - • - r i ^
ris, lib.4. tpft Veo omntpotentt ^l{€gi meo qui mtum mpertumjtc amfltaVtt
t^^l'T^ C^ exaltaVu fuper reqnum patrum mcorumz qui licet Mo-
ofAmngbjn narcvtam tottu^ Anglu adepttjmt a tempore Atheljiam ( ^ui
Efi^d. Hi- primu6 regnum Anghrum <sr rnims nationes quct britanniam
Sylloge, incolunt, fthi armis /ubtgtt) nuUus tamen tUcrum ultra ejus
pag. 121. Jines imperiumfuum dilatare aggrejjm ejl. Mthi auti m conceBit
Uemp.i62, propitia divinitas cum Anglorum imperio omnia regm Injularum
Oceani cum/uisferocifimts regtbus ufque Tiorwegiam, maxi-
mdmque partem Hiberni^ cum fua nobilij^tma civitate Dub^
linia^Anglorum regno /ubjugare. fluos etiam omnes meis mperiis
coUa fuhdere ( Dei fayente gratia) co^g/.— ©p ttjeabtltl^
tmt Qtomtts of :$imtsDtte mh Mo is tf)e
BmsoffStingfi!, 3 '^^ar Bins of ti^giand, ano
of all t^e Bmss of tt)e Jflantis > ann of tt)e
€)cean iprng vouuD about Br icai n , ann of all t^t
Rations t|)at ate mciuOeD mtttin tt)r cttcuit
tljeteof, S)UP?eme llo?D ano (Botjerno?, 2)o rm*
m tHanbs to toe fame aimisf)tie mi^ mp
Bins ibDo Datt) tnlatsto mv Empire tt)u0, anO
eralteD itabobetlje jRopai Cftateof nip#?o5e-
nttojiS^iDIDo altDougt) ttttv arttbco to tl^e%o^
natct)ie of all^ngi^ru fbetCncetlftetimeof ^ ci-
ftanc ( ibDo xbas ttje firft tftat bp fo?ce of arms:
fttbbtieb tlje Fngiifti, anb aii tbe ii^attons tt)a{
inDabtteBri ain] pet none of tDemebet attenipteb
top;tomote tbetr Cmptte beponb tbe bomibiS
tiftmU 4&nt t^e btbtne goionefs: f)att) fabo;reb
ni0^
Oivnerjloip of the Sea, Cum. X\\, lyy
m^fofatasbefiDetljeFngiini empire, to enable
nifc tofubDucalltlje Bmsboms of ttje Jianbs
inttjc^cean Mt\y tljcit moft ftoutanbimstjtte
Bings, eben as far as NorwaN , an» ttje greateft
part of iriandjtosetljer aitl) t6eir moft famous
Citie of oiibiiP. :^u itoOjcf) : bp d^oo'S grace ano
afsiftauce ) 3} tjabe (ubbueD anD mabe ttjeir
necfes to ftoop unbertljepofee of mp commanD*
Whereas hee laich^ that none of his Progenitors had ac-
tempted co enlarge their Empire beyond the bounds or
Britain ^ it miifl: bee fo underftoodj that it bee taken
for the Ngrthern and Wcftern bounds of ihcBritiJI?
Empire, as fufficiently appear's by the mention of LUnd
and Norway. So chat then morelflands than the name
of 'Britain did comprehend, or than the Ifles of that Sea^
together with the Sea itfelf, were brought under his
Dominion.
But King Cani^ii^ (or Cnute) hath left a teftimonie al-
fb, whereby hee moft cxprefsly aflerts the 5ea to bee a
parcof his Dominion. Hee placing himfelf on a feat
by the Sea fide as it flov\'ed upon Southa?nf>ton Shore ^
having a mlnde to demonftrate to his flatterers, that
Kings themfeivs arc but men, is reported to have made
trial of the obedience of the Sea (it bceing flood) after
this manner, Xftott, €> ^ea> art wiber \nv bomi=^
ttiort , as tlje Hanb alfo upon lubict) 3 at is
mint. :anb tljere neber tbas anp tljat bifobeieb
mv Commanb tbitljout punilbment Xfterefo^e
3 commanb tl)^ not to afceno np upon mp •
ltanb,no? bo tbou pjefume to Jbet tlje f^t 0? gar-
ments of ti)V ^Obereign But the Vde (lalch H««-
n«gro;z, andF/on7e^«f who relate this ftorie) fweUtng as
at other times ^ did ^oery umianmrly wet not onely the feet^ but
legs of his Majejiie. Whereupon the King leaping up
N n proclaimed
z8o Book II. Of the Dominion, or,
proclaimed with his own mouth none to bee wor-
thy the name of King, but him alone who command's
both the Sea and land, and they obey. And from that
time hce rcfufcd to wear his Crown of Gold ; conf ecru-
ting it to a Ctucifix. In the mean time, hee here openly
profefledhirnlelftobeetheSovcraignofthcSea as wdl
as of the land. Hereunto may bee added fom teftin o-
nies of other Writers , which although they are of a
later date than the Kingdom of the En^tjh Saxons , yec
they arc tranfmitted to poftcritic by the hands of fucb
as wcreperfedly acquainted with the Englifh Hifloric,
^nd by the Traditioti of thdr Anceftors well informed
ofthcmoftauthentickOpirtions and Rclblvs concern-
ing the Enghfh Dominion over the Sea. Geojjm
Chaucer (who was not oncly the moft famous Poet
of his time, but, as Learning went in thole daies, a very
wellaccomplifht Scholar J in one of his CanterhurielzXts^
bring*s in h.\%Man of Law telling a ftorie which hcc
would have relate to the time of y^tf^ King of lS[orthum*
herlandy who reigned thircie years j ind his Reign began
in the year of out Lord DLIX. Iil this Talc there is
brought in ^ Ladie, called (onflantia, the Daughter of I
know not what Roman Emperor , married to the
King of Syria ; driven fhee was by weather to a place
which lay under the command of a Fortrels upon the
Shore ofNonhumbtrla}idfind there the Ship ran agroundj
fhee was a Chriftian , banifhed for her ReligidH,
and there taken Prifoner by the Commander of th^c
• f ortrcfe. In this Relation of the (ad advefifilres of
(l)/2/?dw^w, hee faith (what indeed is true) that Chriftian
Religion was not received into anyp^rt of t^^atTerri-
torie, but that P^^^wy had over run and did hold thdfe
Northern Countries under their Dominion as well by
Sea as Land. His words to this pnrpofc are thefe^
Ovpnerfhi^oftheSea. Chap. XII. i8i
3x{ all tfjat lond Durtteti nott Ct);iften tout ;
:auC()?iftenfolftb^ttneBftoratl)e Countte
5!::<)?ou9^)aapnimstt)atconqttetD all about
Sh^ plagues of Northumbcriaad b? laun J ^ee.
Heefiid dilcrcctly, that the neighboring Sea fell to the
Conquercrs of this Ifle as well as the Land, knowing
what was the refolution and generally received opinion
of his Anceftors concerning that matter Hee Uved two
hundred and thirtie years ago in the time of ^chard 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 He//Wor«5, Achilles^ Tatiu4, Theo-
dorns Trodromus , Eujlathius^^nd fuch others, whether of
an amorous or any othei ftrain^ fomtimes many ufe-
ful obfervations may bee gathered concerning the cu-
ftoms, manners, and received opinions, as well of the
men among whom they are feigned to bee a6led, as of
the times to which they are related. Jo/;?j H^r^/wg alfo,
whOjin the time of Edward the Fourth, wrote an Hiftorie
of the affairs of England in verf, when hee reckons
up thofe Princes that fware fcaltie to KingCanutus for
the Lands which they held of him/ hee adds a chaf. 1 17.
^0 bib tbeHittss Of Wales Of 1)139 patase,
:anb all tt)e il5o?tb tdeft £)cean
5f 0? tfteit feingboms anb f o? t^eir lanbs tDan ;
That is to fay, the fame 'Was don at that time by the greatefl
Kjngiof^sXcs^ a}id of all the North 'wejiern Sea, for their
re^eHiVe Kingdoms and Territories, Thus Canutu^ W3ls
King of the Kiogs of that Sea, which hee himfelf alfo
fufficiently declares, when hee exprefsly affirms in what
was before related , that the Sea it felf was under his
Nn 2 Dominion,
i8i Book 11. Of the dominion, or.
Dominion. And fo much for teftimonies , to prove
that the '^ritijh Sea hath been poffcflcd noc oncly by
the Sritains, after they had caft ofFthc 1\pman yoke, but
alfp by the EngltJh*Saxon, and Dan'tjh Kings.
Moreover, it feem's they did ufe totakeakinde of
courf for the ftrengthning and prefervation of their
Dominion, both by Sea and Land, as the ancient Ger-
mans (of whom both Vanes and Saxons are a part) were
wont to do for the defence of their midland Cities. A-
t ve Bello mon^ them (faith * (^^far ) it Ti>as the hiol?eJl glory to make
GallicoJ.6. ruery Urge depo^tdations, and lay all the Countrie round about
them'tpajle \ meafur'mg their honor by their dijlance Jtom any
neighbor, and accounting it the onely token of abator Tb/;f « none
,durU plant themjelvs yt^ithin their reach ; and beftdes , thy
thught by this means to render themfehs more fecure by remo-
ruing the fear of any fudden incurfion. So it hath been the
manner of thofc'v hat at any time have made themfclvs
Maftets of the Kingdom of Britain ^ to extend their
Dominion in the circumambient Sea to the largeft Cir-
cuit, fcouring the Seas about, and keeping ocher Na-
tions at a diftance, as it were from the Wall or Pre-
ctnft of the Ifland. Nor were thofe German Cities
more Mailers of that wafte part of the Countrie that
lay about them, then the King's of Britain were over
the Sea of the fame name. But as wee obferved before
of the Scots and ^iBs , in the tin^e of the Romam^ fo
here alfo it i$ to bee noted of the Norwegians or Normans ^
(for many times they are to bee taken for one and the
fame people ) and other Northern Nations , That
thofe l^ritifh Ifles which arc fituated in the Weft and
Northern Sea, were fomtimes fopofTcfled by the Scots
and ^iBs^ as alfo by the Norwegians , and fuch others
as infefted the Northern Sea, and invaded the Iflcs ly-
ing between them and "Britain , that it is not to bee
doubt-
Ovpmr/hipofthrSea. Chap^XII, ig^
doubted, but they alfb according to the various altera-
tion of their Dominions by Land, fuccecded one ano-
ther for that interval of time, in the poflefsion of A
proportionable part of the St% illb, as an Appendant
to every one of the fhores of Britain The Scots (faith
an ^unknown Aucor/peaking oftheycar DCCCXLVI) finGenh
for many years became Tributaries to the Normans , Ti>ho Normanm- -
Without any refijlance entred and fettled themfelvs in thelfles ^li^^&^^Aimi'
lying round about. And as touching the Naval affairs of mm.de Ge-
(he Kormam in our Sea, there are many paflagesto bee f,^^/-^"""
feen 'm7\egino the Abbat, Aimmm and other Writers of 90. '&• 100.
that /Sse.Bucin themean timeitisfufficiently manifeft, ^^f Gorman-
that as by rcafon of the tumukuarie & unfecled pofture
of affiiirs in thole daies, the Dominion of the Iflifldic
fcif was very often toffcd to and fro ; fa ilfo the Ddhli-
nion of the Sea was in like manner attempted , di-
fturbed , invaded, recovered , and defended , as that
which did infeparably follow the Dominion and Sa-
veraigntie of the Ifland. Wee are not ignorant that
in the Frmch Hiftories there arc now and then fom paf-
fages that fpeak of their Naval power in this Age,
which are coUedcd by ^ fopelinerm^ But there is no- , , . . . .
thing to bee gathered from them that may fet forth the de France,
leafl iign or lliadowof a Soveraigntie or Dominium chap.^^dr-y.
over the Sea. Very few indeed are to bee found, and
fuch as either concern oncly the defending the mouths
of their Rivers againft the Norww^y and Danes then ra-
ving up and down our Sea,. or thefubduingof the
Frie:^anders, znd (bm of the Neighbor-Nations. Where-
unto alfo fern other paflages relate , which wee fhall
mention by and by, vvhen wee com to fpeak of the
Admirals of France*
Nri } SmvM
xS^^ Book II. Of the Dominion^ of.
Several Tejlmonies concerning the Sea^-Do-'
minion of the Kings of England^ fince the
Norman Conqueft, fet forth in G^ntvoX
Heads,
F
Chap. XIIL \
'Ollowing the Order and Method of our Enqui-
ric, in the next place wee treat of the Sea-Domi-
nion of the IBritam, fincc the coming of the Nor-
mdns into England. And in the firft place our Difcourf
(hall bee of the Dominion of the EngUp? Sea , or that
which flow's between &g/4Wii and the oppofite fhores
or Havens of the Neighbor -Nations. Now whereas
it is confefled on all hands^ that all Dominion is chief
ly founded upon juft poflicfsion or occupation, and its
continuance, and thatpofTefsion is not fuppoied to bee |
had, by the a6k either of the minde or bodie fingly and
a L.z.T'Uu apart (as * ^aulm long fince hath well determined J but
de Jcquir.vd j^ ^^f^ firmly gotten and retained by the joint con*
^ne,' currence of minde and bodie ; whereupon it is diftin-
b Hugo -Do- guiftied into ^ Gv/7, that is, where there is a right or ti-
recTii/i,/.". tlcbyLaw, SindlSUtural or Corporal^ andic is requifite
CujaciMs, oh- that this Dominion receiv a fignal confirmation by a
{^7j.iac "^^S continued aflent, a free and publick confefsion
tiudeacquir. ot acknowledgment of (uch neighbors whom it mod
fojfef&reti' concern's: Firft then , as concerning the Corporal or
Nataral poflcfsion of this Sea, as well as that which is
CM or by Law , and is retained by the adt of the
minde , wee fhall give you very ample Teftimonies
fincc the time of the coming in of the T^ormans. And
in
OmerJhipoftheSea. Cha^.XIIL t%^
in the ncx« place, wee willdiew howtW^ Dominion
of the Kings of Erg/W hath been aekdowledged by
choie foreign or Neighbor-Nations , Whom it moft
cenccrns. Butforafmuchaswh^t t^fec fiiallthus fpeak
of the Bigh[h Sea in general, Will chiefly relate to the
Southmi and Eajlern^ or that which hath the EngltJJ?
fhorc on one fide, and Fra?ice and Germmie on the o-
ther , wee will thetefore difcourf feverally of that
which lie's to the Weft of England, and al(o of the
Scotip) Sea , or that which lie's more Northerly.
As conceriiing the poflcfsion of the*B2g//^?;Sea,boih
Corporal ind Mental, ot Civil , continued for that fpace
of time which wee now fpeak of , with the like
Dominion arifing and retained thereupon , there are
divers notable and very cleat teftitnotiies thereof,
which for Methods fake wee divide imo eight heads;
whereof
T. Tht Cuflodi^^Governmm, 6tAimitMe of the
Ertglifli Sea, as a TeYrimie Ot f mince be-
longing to thcKirtg,
IT. The Dominion of thofe Inlands that lie be-
fore the French flbore.
111. The Leav of f^j/Jige through this Sea ^r^wr-
ed to Forelmrs upon requejl,
Tv. The Libertie of Fijhmg therein allowed up- -
on courtefie to Forciners and Neighbors ,
and the TroteSiion given to Fifher- men.
V. Prefcribing of Laws and Limits to Foreiners,
whobceing in Hoftilitie one with another,
but both in amitie with the Englijh , made
Prize of each other in this Sea.
VT The Records whereby this Dominion is
exprefsly afferted by the By, as a moft un-
doubt-
z%6 Book II. OftheVominion, or,
doubted right ; and that not onely by tlie
King , but by the Parlaments of England,
when they debated of other matters.
"Vll. The Commentaries of the Law of the Land^
and common cujlomsof the 2^atm , which do
either aflert or at lead allow fuch a Do.
minion.
VIII. Som antient TeHimonies of inferior note,
AH the teftimonies almofl: that are comprehended
in this Divifion, are indeed domcftickj but fo pub-
lick, and of fo approved aedit, that hardly any thing
can bee imagined, which might give a clearer proof
of poffelsion whether Civil , as they call it, confifting
in the a£t and intention of th« minde , or TSlatural,
which requires the prefence of the Bodie. As it will
appear to any man that pleafto make enquirie- £-
fpccially if hec add hereunto the judgment or acknow-
ledgment of fuch Forein Nations whom it chiefly
concerned, whereof wee fliall treat alfo by and by.
But of thefe things feverally, and in order.
7hat
OmerJhipoftheSea. Chap.XV. zgy
<That the Kings of England, fince the co-
ming in of the D^rmans y have perpe^
tually enjoied the T)ominion of the Sea
jiomng about them , is in the firH place
proved from the Guard or Government
thereof y as of a Province or Territorie •
that is to jay , from the very haT9 of the
Englifh Admiraltie.
Chap. XIV.
AS concerning the Guard or Government of this
Sea, there are three things therein that deferv (pe-
dal confidcrat ion. I. The ban TneHtion and nature of the
Guard of the Sea, and of the Guardians or /Admirals there«
of, in publick Records and H'ftories. z. The Tributes
and Cufloms impofcd , demanded or accuftomed to bee
paid for^ and in conjideration of the [aid cujlodie. And laft-
ly, the tenor and <varietie of Commil^ons belonging to this
Guardy and Efigltf? Admiraltie, or Government by Sea.
Since the coming in of the ISlormans , there is frequent
mention of a Guard or Government inftituced for the
defence and guarding of the Sea. Here call to minde
thole obfervacions touching this kinde of Guard,which
have been alreadie gathered out of that Record or Brc-
viarie of England called ^CQtlt^SDdip^ And King
Henr'ie the firft, faith Florenttus ot Worcejler^ ga'Ve order to
his Bucfccarli to guard the Sea, and take care that no ferfon
from the farts o/Normandie, approach the Eti^xih Coajis,
The fame faith Roger HoVeden , in the very fame words
almoft, (ave onely that the printed Copies err in put*
Oo ting
288 Book II. Of the Vominion, or,
ting "~Bu^fecarlis for Butfecarlis. Thefe Butfecarli , or
0\Xttit$X\tSi in the old Englifh Language, are Of-
ficers belonging to the Nayie, or Sea^fouldiers, as Hute,
fecarii^ were Domeftick Servants or Officers in Court.
And that to gmri the Sta here fignified to ftcurc the
3ea it felf, not to defend the Sca-Coafts (as f omtimes,
though feldono it did) with Land-forces, plainly ap-
pear's out of Uenrk of Huntingdon , in whom it is
clear, that the perfons who thus guarded the Sea were
croploiedby the King , to make Warr by Sea againft
^bert Duke of Kormandk , who was then preparing
an Expedition againft England, Now thofe publick
Records are loft, wherein theRoial Commifsions for
the delegation of this Command or Government were
wont to bee regiftred all that fpace of time betwixt
the coming in of the Normans, and the Reign of K.
jFfl^w. But from thence through all the fucceeding a-
ge$ unto this pre(ent time , it is as clear as day , chat
the Kings of England have been wont to conftitute
Governors or Commanders, who had the charge of
guarding the Englifli Sea, and were the Guardians or
*KQt.Fau6, Governors thereof, .in the fame manner as if it had
^oamis %^ been Ibm Province upon Land, Firft of all there were
fsRouFau * intrufted with the Government of the Sea , or the
8 Hen. 3. Maritime and Marina^ tht Maritime ^nd Marine part of
^&*4.'Claut ^^^ Empire (underftanding by thofe words not onely
9.Hen.3. fomCountrie lying upon the Sea-Coafts, but com-
vir^Hen pJ'chending the ^ritip? Sea it felf, though 1 confefs it
3.pdrM.M. was not alwaics fo) fuchaswere to guard and keep
I' it , under the tide (fomtimcs) of CuHodes ISlaVtum^ Guar-
48 Hen. 3. dians of thcfliips, but more frequently CwHoJ^^ Maritt-
fart,i.memh. ^^^ Qt Marine, inthtfcnf aforelaid. And in the time
czS/48 of Henrk the third, Thomas de I^OletOtt is ftyled ^ Cap.
Hen.s.Mm" faki and Gmrdion of the Sea , and hath autoritie given
iran.i. him
OvpnerJhipoftheSea. Chap. XIV. iSp
him to guiri the Sea and the Maritim parts of the
Eaftern Shore. In the fame King s Reign alfo , the
Inhabitants of the Cinque Ports aie faiid to guard
the ' CoaUof England, a?id the Sea. So Hugh de CW^ 'R0t.Pat.27.
QUCUt vvas Warden of the ^ Cmque- forts and of the Sea ^Memblm!
in tho/e parts. Afterward the title of Guardians or 3- ^fidorfo.
Wardens very often changed into that of Admirals, ^g^en"^^'
Edipard the ¥it(i^ faith Thomas oi ^ Walftngham ^ for the Memb.i^.
keephKT of the Sea divided his Shipping into three Fleets^ ^^2.Ed.i.
t ^ J ii a t j(;i^ anno
fetung over them three Admirals ^namely over the Ships at 12P5,
Yarrnoiuh and the road thereabout John de |5Ot0tO7t;
over tkfe at Portfmouth, William de |l^(pbUtn ; and over
the IVeJlern and Irijh Ships ^a certain Irif? i\night. More- -^
over aUo, thatyo^wi/eijBUtWOJt is in the ^Records of 2 3.eJw/.
that time ftyled cuflos Maritime-, as were others alfb. ^s.
After this, in the Reign of Edward the Second, three Ad- Vu fnn. ^
mirals of the three feVtrd Coafls of EJngland ( (aith ^ IValfmgham ) 1 3 2 6. €^ t/i-
had the guarding of the Sea, namely^ Sir John ^tWUtty ^^t^.""^'
Sir Nicolas ^VU^ly ^^^* S^^^ 5F^ltOll' Wee finde fart.i'.Mem.
itioreover in our ^ publike Records, chat the principal l]'^^?:
end of caUing a Parlament in the fourteenth year of 22.
Edward the Third was^De Treterfur lagard de la pees de la ^ ^^f-Par-
terre^ ^ de la Marche d'Efcoce, ^ de la Meer, i. e. That con- ^.an!^'.,
fulcacion might bee had concerning keeping the peace
of the Land, alfo of the Borders of Scotland , and of
the Sea. The fame regard they had to t'ne defence of
the Sea, as of the Ifland or Land-Province : giving
us to underftand , that the Land and Sea cooechcr
made one entire bodie of the Kingdom of England,
Ocher evidences of the fame nature wee finde in i j^^^ p ^^
the ' Records of Parlament of the fame King's time, lam.i^.El
or in the confuirarions of the eftates of the Realm had I'^Z^' ^***'"'*
about this matter^that whilft they Treat indifferently De & Rot. p'ar-
lafaufegard de la terre, concerning the/afeguard or defence of ^"^^- ^°- ^^'
Oo 2 the ^"^'^^''^*^'*
\
zpo Book 11. Of the T>ominion, or,
the Land or Ifland, and de la faufegmrd de la Mere]
the fafegnard of the Sea^ they feera lufficiencly to de-
clare , beeing well inform'd by their Anceftors, that
the Dominion of this as well as of thar, did be-
long unto the Crown of England. For the bufinefs
debated by them was not oncly how to provide a
Navie to make rcfiftancc againft their Enemies by Sea,
but for the guarding the Sea it felf as well as the fe-
curing of the Ifle, and fo for the maintaining the antient
right oftheir King in both. In the tinneof l^iib.ird the
Second, Hugh ^Hl\)tt\^ '^^^ f^^de Jdmirdof theSea
^2. Rich. 1. (faith'' Walftngham) and W Thomas ^tttXt joined in
Lw.2. Kkh.' (ommifsion TiJithhim tofcour the T^oades of the Sea for one year,
2.^art. 2 art. And in the Reign of the fame King, and likewife of the
^icb. 2' ^"^^ fucceeding Henries the Fourth and the Fifth, debate
Membran. 9- was had in ' Parlameut about the Guard of the Sea, In the
T. &'7^ Reign of Henrie the Sixth , the Guard "' of the Sea was
Hen.^. art. With a numcrous Navie Committed to '^chard Far! of
i8^ 19.& Salishurie^ John Earl oi Shrewshurtejohn Earl of Worcejler^
r^Roi.par. ^nd James Earl ofWilts^zo whom was added Baron
33.He«.6. Sturton; and afterward to 7o/;w Duke of" fxcf/^fr. And
l^KouFrati' in thofc daies it was ufual to procure King's Letters
c/>,$2. He7i. commonly called, in the language of the Law, ^rote&i^
^>^'^* " ' ons^ whereby Privilege and exemption from all fuirs was
granted to thofe that were emploled in this kindc of
Guardor Defence of the Sea, or that fpent their time
o Stat. 20. fuper faha cufiodia <(sr defenfione Maris, "" 5F0? tljCfflft-
Hen.6.car. gqatDmS anD MtUtt Of t^t ^tH , aS the form of
the words hath itj which wee frequently finde in the
Archives, Moreover, in the Adis of Parlament of the
fame King's Reign, mention is made of the jafeguardingof
the Sea,or de lafaufegarddela mier^ as of a thing common-
ly known, and for which it was the Cuftom oi the
BiMJ? to make as diligent provifion as for the Govern-
ment
Oi^nerJhipoftheSea. Chap. XIV. tpi
raent of any Province or Countrie. And in the ^ twen-
tieth year of the fame King, the Commons preferred lam.lo.Hen.
a Bill, that a ftrong and well accomplifhed Navic 9'^rtk.29-
might bee provided for the defence of the Sea, be-
caui 3ltistl)DusDtfitbeaUtl)eCoinmmsoftl)iS
JlauD tftat it is neceffarie t^t ^tz be bept* Veric
many other paflages there arc to the lame purpofc.
Gtojjrn Chaucer (who lived in the time of Rich^d the Sc«
cond, and was a man verie knowing in the affairs of his
Countrie) among other moft elegant and lively chara-
<5lers of fevcral forts of men, written in the En^lijh
Tongue,defcribe's the humor of an Englifh Merchant of
that time, how that his defire above all things is, that
the Sea bee well guarded,never left deftitute of luch pro-
tedion as may keep it fafe and quiet. Which hee fpeak's
to fet cut the whole generation of Merchants in that
age, w hofe cuftom it was to bee follicitous foi traffick
above all things, and confequently about the Sea it felf^
which would not afford them fafe Voyages, did not the
Kings of £>2g/W, as Sovereigns thereof, according to
their Right and Cuftom, provide for the fecuritie of
ihis.as a Province under their Protedion. The words of
Chaucer are thcle,
^\5 teafons! (paue t)e^ &U (olemnelp,
^ijemng aiitoaptlje encteafof i)is tbinning;
^tt ttJoulD tfje ^ee tbete ftept fo? anp tljitts
iBetlbire Mlddlcborough anH Orewel.
Orewel is an Haven upon the Coafls in Suffolk. Middle-
borough is in Zealand. The whole Sea that flowcth
between "Britain and Zealand the Englifl? Merchants
would have fccured , this they were wont folemnly
and unanimoufly to pray for, knowing that the Sea
Oo 3 was
2pl
Commodatiy
^ txtr. tit.
de Officio
Cajiodii Ec-
clefi£.
r Kot. Cart.
2.Joam.R.
in 1>orf.&
'B^ot.Fat.ij.
Joanni^.
t %ot.Pat.
Mcmbran 4-
&c.
Bookll. Of the T>ommon, or,
was part of the Kingdom, and' the Proteftion of
them part of the dutie of the Kings of England. For,
as concerning any Protection herein by any forrein
Princes, any farther then in their own Harbors, or at the
mod within the winding Creeks between thofe Iflands
which they poflefled upon the Coafts of Germank or
Gallia Belgtu , there is nothing , as far as wee can
findc, to bee gathered from any Teftimonies of for-
mer Ages! In the (uccecding Ages Hkewife , there
is frequent mention of this kinde of Guard, Defence^
and Government of the fame Sea, as will hcFcafter
more fully appear when wee com to fpeak of Tributes ^
and of the tenor andvarietie of the Commifms given to our
Admirals. But now, ic is to bee obfcrved, that both
the name and nature of this Guard is very well known,
not onely by the ufe of the word both in the ^ Imperial
and Canon ""Law, wherein it denotes that the Guardian
ought to take a diligent care of that thing , whereof hee
is owner, who doth either lend it, or commit it to his
over-fight, butalfoby the common and obvious ufe
which the Englijh make of the fame word in other
Offices or Governments. For in thofe daics of old,
when the title of Guardians or Wardens of the Sea was
more ufual , there were appointed Wardens of the forts,
even as at this day there are Wardens of the Counties
(who are thole Commanders of Counties called
Sheriffs , and in the u(ual form and tenor of their Writ
have cujlodiam comitatus tt^t (BVlHtb Ot ^tfttttt Of
tl)0 Cottntle commttteD to t^tit cOarge) wardens
or Keepers of the Marches or Borders , Keepers of
Towers or Caftles, Parks, Houfes, and the like.
Yea, and the Lord Lievtcnant of Ireland was efpccially
in the cime of King ^ John and ' Henrie the Third,
flyled ufually Warden or ^eperoflrtlwd, and his Office
or
Ov^ner/hip of the Sea. Chav.XIV. zp^
or dignitie , commonly called the Kecperfhip of Ire*
land' after the lame manner as John Duke of Bedford,
and Humphrey Duke of GloceHer, whom Hgnry the fift
during the time of his abtcnce in France , deputed to
govern the Kingdom of En^land^ by turns, were cal-
led (^ufiodes Anglic , Keepers of England , as wee very
often finde both in " Hiftories and ^ Records. So Ar^ ""thWalfing-
thur Prince of Wales was made ^ I{eeper of England, j'"^'^^*
while He^oi the fcventh was beyond the Seas. Sorters
Ca'veJlonTi>a^ keeper of England^ while Edward the fccond s^ef^!&c
remained in France. So were others alfo in like manner.
The Governors alfo of the iflands of "^WCtt^ and g^/^ ^'''•
(I53itn0ftp, and the reft that arefituated in this Sea, fart.h
who no VAT are ftyled Goyermrs , Keepers , or Captains,
were in ^antient times called onely by the name of *Rot.Pat.^
Cuirdians , or K^etpers, This then beeing fo, what ^^««s- '»,
reafon have wee to think that our Anceftors did not iippo dcAI-
u(e the lame Notion of Guardian or Keeper, and of biniacojC^c
guarding or keeping , in the name of the Guardian
and the Guard of the Sea ^ which they were wont to
ufi in the Guard and keeping of the Ifland, and in the
other dignities or offices before mentioned ? Doubt-
lefs , in all thefc the peculiar Dominion and Soveraign-
tie of him that conferr'd the Dignities , is fo clearly
fignified and included, that his Dominion or Owner-
fhipof the th'ng to bee kept and guarded, as well as
Aucoritie over the peribndignififd, is plainly implied
in this Title. Nor is it to bee omitted, that in antient
times before the aucoritie of the high Admirals of Eng-
land was fufficiently eftabliihed by our Kings, and fct-
led io diftmd:, that the Command and Government of
the Sea did belong onely to them, the G0verrK)rs or
Keepers of the Provinces whom wee call Sheriffs of
the Counties, by virtue of their Office had alio fom
Cuftodie
2P4 Book II. Of the T)ominion, or,
Cuftodic ot Command of part of that Sea which ad-
joined to their refpedtive Provinces, as of apart of the
Kingdom of England. Which truly (to let pais other
proofs) is fufficiently evident by this, that many times
in thoic daics, they who,by the Common Law of the
Land>were wont, as at this day , to put in execution
the Commands of the King in thofe places onely that
were committed feverally to their charge and cuftodie^
did do the fame al(b in the Sea it felf as well as in any
Land-Province belonging to him from whom they
received their autoritie. For, by virtue of their ordi-
narie power derived from the King, and (uch as was
founded upon the very fame right by which they held
the Government of the Councie or Province , they did
oftentimes remove the King's Ships and Fleets hom one
Port to another by Sea, as through the Territorie of tlie
Province that was committed to their charge. Which
indeed is a thing wee hear not of in later times ; but
that (bit was in the Reigns of King Henrie the third,
^Kouciauf. ^nd Edward the firft , the Records* of thole times do
jHen~S' tcftifie. But afterwards, the Uoiverfal Cuftodie of the
tMrnlX^. Sea, excepting onely what was extraordinarie , was
& Ljan dorf, committed by our Kings to the htgb Admirals of England
^M 7^ and to them alone or their Deputies, and apperteineth
in doTj. Rot. unto them now by an unqueftionable right. But when
Fat.2^Ed. any perfbn is intruded with that Guardianfliip or
17. & lauf Cuftodic , the pofTefsion and dominion of the King
25 £d. I. vvho intruft's or give's him the Autoritie , is compre-
UDorfo&c. l^cnded in that Government or Command ; which
aUbis confirmed by words moft exprefs and home
to the bufinefs in hand, that are to bee fcen in a Li-
fc cfe4?. ^^^ ^^ Bill. of Complaint^, hereafter mentioned,which
xxvii. & was exhibited by a great number of the neiehbor-Na-
xxviii. -^ & & ^
tions^
OimerJhip$ftheSea. Chap.XV. 19J
tions, to the Comraifsioncrs of our Edward the firft,
ind Thilip the fair King of France.
The Dominion of the Engltjh ^ea ajjerted
from thofe Tributes or Cuftoms tbaH
ypere wont to bee impofed ^ paid , and
demanded^ for the Guard or Protedtion
thereofy after /'/'^Norman (^onqueH.
Chap. XV.
Concerning the Trikm or G/?ow; that w«e wont
to bee ireipofedjpaid, and demanded, for the Guard
of the Englifh Sea, there are very ample antient Tefti-
raonics, all along fince the Reign of the Normans : And
thofe things which have been alreadie mentioned tou-
ching the Guard of the Sea , do not a little confirm it.
It is manifeft, that the Tribute impofed, in the time of
the En^lifh-Stixons , for the Guard df the Sea , which
was called Danegeld ( of whofe Original and u(c wee
have * alreadie fpoken) ^-as wont now and then to bee ^ cbap u
paid heretofore under the Norman Kings. After the
words there cited out of the antient Dialogue touching
the Exchequer, about the painient thereof before the
Nerw<i« Conqueft, it immediately follows thus in the
fame Dialogue : In his^ign (that is to fay, the Rcigo
of Ff i//i<w« the firft) theDdXits^a$tpeU as other T(^hers of
Land and Sea, rejlraimd the hvajtons of Enemiesf knowing
this to bee true Tt^hich is Ti^ritten^ When a ftiongman armed
keep's his houf, hee poffcffcth his goods in peace. For
they "^me mt i^rant^ that refdute and <valiant men 'tfould
mt^t injuries pafs nmeyengei. Therefore T^herat^ the Latd
P p had
zp4 Book U. Of the T)ominion, or,
had paid it a long time in the fame Kin^s T^eign, they Tt>ere uru
ffiilling to fay that every year , yt?hich had been exa^ed upon
urgent necejsttie in time of fi^arr : ''But yet they Tbo«U not have
it "i^hoUy caftnered^ J?ecauf of fudden occafions. Therefore
it Ti^as feldom paid in his Beign^ or the Feign of his Succeffors ,
that is, onely then, Tb/?e« they either had or fuJpe'Bed a T^arrTi^tth
Formers. And among the ^" old Laws of England wcc
findc that William Tiufus requiring aid of the Karons for
the regaining o/Normandic out of the hands (^ his brother
Robert, firnamed CO?t0t)Ol0 , '^ho "t^as upon a Voiage to
the Holy Land, Danegeld y» as granted to him, not efiabltjhed,
nor confirmed by a Law j that is to fay, four fhillings upon
every Fiide of Land , vvhich were paid for defending
the Dominion by Sea. For, that was the intent and.
end of Danegeld , according to its nature and origi-
nal.
Moreover , "^ ^oger HoVeden faith exprefly , that it
was ufually paid until the time of King Stephen. Hce
fpcakingof thepromifles which heemade at the time
of his Coronation, faith, Thirdly^ hee promifjtd that he
Ttfould remit Danegeld for ever ^ that is , two JhtUmgs upon
an Hide^ Tbfcicfc his ^redeceffors T^ere yt^cnt to take every year.
The fame alfo is affirmed by Matthew faris, and ^ (^oger
of Wendover^ out of whom the Chronicles fct forth by
Matthew until the nineteenth year of Henry the third, ot
the year of our Lord MCCXXXV. were wholly ta«
ken. They fay of King Stephen , Tertio <vovit quod
^SntQAI^f idefly ^qualibet ydaterr^duos/olidos,qms
Anteceffores ejus conjueverant accipere in Memum amis ftngulis
condonaret. So indeed wee read it in the * Manufcripc
hooks o[ this Matthew, whereby the Printed ones arc
to bee amended, who render it onely thus: Tertio ^q^
vit,quod Anteceffores ejus accipere confueverantjn teternum annis
fmffdis condonaret. But this alio is added by Hoveden-^gheft
ejjfecially
^Afnd Roger.
Hovedenium
in Armal.
fart.i.pag.
344. Edit.
Londin.&
60^ . in Edit,
Francofurt.
& afud G.
Lambard.in
Arcbxommia
fag, 128.
c Annal^art.
i.pag.276.
EdiuLondiU'
fag. ^^2.
Edit. Franco-
furt.
^ Aff.in bib-
liotheca
Cottonia'
nl
•In Bibli-
oth. Cotto-
nUna.
Owner/hip of the Sea. Chap.X>/. ipy
ejj>edallyy and divers other things heepromijfed before God, but
kept none of them J as wee arc told likewifc by Tarts and
IVendover: So that this Tribute was wont to bee paid in
the Reigns of Williami\\t firjl, and the fecond, Henrk the
firjl^md King Stephen alio, for the guard of the Sea.
And it appear s by the accompts of the Exchequer, that
it was paid fomtimes in the time of Henrie the fccond.
And ahcr that it grew out of date , another courf was
wont to bee taken very frequently, and ufed as the Cu-
ftom of the Land , that Pay , and Provifions might
not bee wholly wanting, to maintain the Dominion
of the Kingdom of England by Sea. Mention is made
touching this particular in the Court-Rolls of Edufard
thefirft , Terr arum ad QuUodicmi Marls agtjlatarum '^ that j.^emw. /
is, of (uch Lands as were charged with a Paiment or Banc.R0t.72,
Tribute for the guard of the Sea. Wee know indeed ^'"^^f/"
alfo, that it was in the fame manner colle6tcd at that Scaccarii
time , under pretence of the Sea , for the pay and
maintenance of Land-Forces neer the Shore, But cer-
tain it is, that the Sea it f elf was guarded then with
Naval-Forces, as well as the Shore by Land -Forces,
and fm that that Paiment belonged either to the Sea ic
felf, or elf to the Shore as well as the Sea. Moreover,
Subfidieshave.bcen demanded of the people in Parla-
ment, Tour^lafahationdu T^yalme O* de ewe Mefines <sr ^^ot. Pari
aux'mtdelaMeer, de la March d'Efcoce, de Gajcoign <t des ^^^ff''^^
IfleS'^ thztis^ for defence of theKingdotn, the Sea belonging
thereunto, the Scotijh 'border, Gafcoign^ and the IJles. Thus
theSea^ and its defence and Dominion is reckoned in
an equal right and condition with that of the King-
dom, the Borders, and thelfles. Several other inftan-
ces there are of that kinde. But that efpecially is to bee
obferved in this place, which wee finde in the Parla-
mentarie Records of King WcW^ the fecond, concern^
zpg Book 1 1. Of the dominion, or,
ing a Tribute or Cuftom that was impofcd upon every
fliipchat paffcd through the Northern Admirakic, that
is, in the Sea which ftrctchctb it felf from the Thames
mouth along the Eaftcrn fhore of England towards the
North-Eaft, for the pay and maintenance of the Guard
or Protection of the Sea. Nor was it impofed onely
upon the fhips ot fuch Merchants and Fiflier men as
were EngUp)^ but alfo by the fame right in a manner
upon thole of any Forelncrs whatfoSf er, no other wife
than if a man that is owner of a Field, fhould impofc
a yearly Revenue^ or Rent for thclibercic of Ihorow-
fare, or driving of Cattel, or Cart, through his Field.
Paiment was made at the rate of fix pence a Ton upon
every Veflelthat paffcd by • except (uch fliips onely as
brought Merchandifeout of Flanders to London^ or that
carried Wool! and Skins from any other place within
the Jurifdiftion of that Admiraltic to Calais. If a Vef-
fel were imploied to fifh for Herrings, it paid the rate
of fix pence a week upon every Ton. If for other
kindes of Fifh , Co much was to bee paid every three
Weeks • as they who brought Coles hither from ?^e»-
CaUle^ paid it every three months. But if a Vtffci were
boundiott^rufsia,Korwaie^ Scone, or any of the neigh*»
boring Countries, it paid a particular Cuftom,according
to the weight and proportion of the Freight. And if
any were unwilling, it was lawful to compel them to
pay. That is to (ay, there were certain Officers that had
autoritie to cxait it, having the Command of fix fiiips^
h Rot. PdrL Men of War , for this kinde of Guard or Protection.
2 ?cicb. 2. Bm jj^g vvhole matter 1 here faithfully (et down out of
Is! in/b«- the ^Original, in the fame language it was written,
dw/^. that is, the Norman Language of that time.
Ovpnerjhip of the Sea. Chap.XV. 199
Qejl I' Ordinance (^ (jranth^ per Taduis des
(iS\<tarchaunds de Londres,(!y des autre s
Marchamds vers la ^J\(orth^ pertajfent
de tou^ les Communes de Parlement^ par
devant le Comte de ^A(orthoml?erLnd (^
le me aire de Londres^ pur la garde (^ tui^
ciondu mier (st cojlers delJdmiralte de
■J\(orth ove deux 3\(tefs^ deux ^argis^
(^ deuxBallingers arme^ cjT* arraie^pur
guerre fur les couflagis que s' enfuient.
Trimerementy pur prendre de Chefcun P^ief
O" Crater Je quele portage q' ilfoit que pajje
per la mier dedein^ le dtile Jamiralte alant
^returnantpurjayoiage de chefcun tonne^
tight "VT^ horfpris ^!\(iefs charge^ovevinSy
(^U^efs charge^ ol^e marchandtfes enFlan^
dres qe ferront frette^ (^ dtfcharge!^ k
LondreSy <(^ J^efs charge:^ ove leynes (^
peues a Londres ou aiUeurs dedeim^ la diBe
Admiralte que ferront difcharge^ d C^leisj
les quieux SJ\(iefs les Cfardeins de la diBe
mier ne ferront tenu^ de les conduirefans e^
Ure allove^
Item , de prendre de chefcun vejfeau peffoner
qe pejfent fur la mier du dit ^Admiralte
Tp } en^
:oo Book IL Of theTfominion, or^
entour harang, de quelle portage qil fott^en *
un Jemain^dechefcuntonnetight vl'^-
Item^ de prendre des autre s 3\(Jefs (^ vejjeau^
pejfoners quepejjont entour autres pejfons fur
la mier dedein^ ladiBe Admiralte^ de quele
portage qil foit^ en trois femaignes de chef^
cun tonnetighty'l ^*
Item^de prendre de tou^ autres 3\(tefs ^ vejfe^
aux pajjam^par mier de^etn:^ la dtBe Ad^
miraltey charge^ ove Charbons ou !J\(ovel
ChaWtele feur T^yne de quele portage cC il
foitjen le quarter de un an^de chefcun tonne ^ \
tight Wi'^.
Itenty de prendre de tou^ autres O^sQefs , Craters
^ yejjeaux pajpini^ permierdedein^la di^
Be Admiralte^ charge:^ ove biens des Mar^
chan^ queconques en E^reux^ ou en S\(orth-
Ypaj ou en Scone^ ou en afcune lieu en mef.
me les parties depardela^ pur le voyage a^
lant ((^ retornant^ de chefcun laft Squar^ viz.
laBas graves Yi^.
%f)fe
Oif^nerjhip of the Sea. Chap.XV. 301
•
. ^f)is( is tljc ^?t)inance anu (Pjarrt Dp tD^ ai>-
ijice of tlje iipetc^ants of London , atili o»
ttjec ^eccftantg toibattis; ttje i^o^tb.Dp tfte
aaent of all tt)p Commons (n i^arlament,
befb^etb^CatlOf Northumberland, anDtf)0
i©apoj of London, fo? tt)e dSttaru ano
tntttonof tt)e S>ea, atiD tt)e Coaas of
tt)^ :^Dmtraltie of tt)e i^o^tt), UiitOttDo
^t)tp^.tU)0 &at;ses,anD ttDo Balltnsets.
armeDaniiGtteDfo; i^atr, at ti)efe rates
Firft,Xo tafee of mv^ ^Dtp ann l5arfe,of MJtJat
burtt)enf3^ljec it bo^, UiOicf) pa(Iett)tt);ou9t)
t()e;§>eaiLditt)tntt)efaiO :^i)mtraltie , soins$
tetucning, fb? ttic JEolase, upon t\itx^ %m
vT ■*, Crcept ^l)ips laDm tbitb amines, ann
S>t)tp$laDentDitt) i^etcOantiifes in Flanders,
KDDicO (Ijall bee unlaDen anb bifcOatgeb at
i ondon , anb ftjips Jaoen tbitl) Xborts f sftins
at London oj eifrbOete tbitlim tOe faib :^bmi'
raltie, tt)l)ic5 Ojall bee bifcljacgeo at Calais ^
XbiiicU (t)lps tde d^uatbians of ti^t fatb ^ea
(I)aU not beebounbtoconbop ibitDout allolb^
ance.
Item, xotafte of ebetp 5Fi(|)ei:=boat tljat fidietO
npont^eSeaof tUe faib :^bmitaitie fo^i^eiC'
tings, of ib^at bu>;ttienfoebetitb^, fo^eacO
ibeeft, ofebetpicunvi''.
Item, xo tafee of otljet ^ijips anb if iiljet-boats,
Vm f\^ fo; otuee ftinbes of $i^ npon tD^
(ea, vbitgin v&n faib :9bmitaitie» of ibdat
buttD^n
^or Book 11. Of the Vomumn, or,
mttfymioiW tee? bee, fonl)?eeM)eefes, of e-
Item, * xo tafee ot aU otl)er Hips atiD mefleis
paffins bp S^ea, ttitljin tl)e fam :aDnii-
rattie, laoen tt)it6 Coles ftom New-Caftie
upon Tyn€ , of ttjljat bnittjeri foebet tOep
Dee , jw 3 Quartet of a peat , of eberp
Xttnvi^.
Item, xo tafte of all otftetOjips . ©aifes, ano
meffeis, paHins bp fta, Xditljm m faiii:aii^
mitaitie , lauen ibitD dsooos of anp ^er^
tftants XbDatfoeber fo? i ruisia.o? fo? iNor vav,
o?fo? Scone, 0? fo? ait? ott)et place in tHofe
l^arts beponD ttje fea f o? tDeJUoiage going
anb tetttmmgof eberp Jlaft v i '.
So run the Records oF Parlamenc , which in that
Age were almoft all vvriccen in this kinde of Language j
Not (uch as arrived at ftiorc were charged here ( as in
moft other places) with Cuftoms, as upon the Account
onely of the fliore ; but thofe that pafled or failed by,
orufed Fifhing, as well Strangers as Natives. And
this was upon the requeft alfo of the Eftatcs in Parla-
tnent under H^wrig the fift in- the preferring of a certain
Bill, which I have taken out of the Records, and (ec
i Cba.tS' ^^wn at large* hereafter. Thatis to fay, they dcfircd k^
as beeing very well inftruded in the antient Law and
Caftom touching that particular, and of the King s Do-
minion. Nor can any thing bee faid more exprefsly, for
afTcrting the Dominion of the King of England over the
Sea it felf. For, it is clearly the intereft of him who is
Lord or Owner of the place, toimpofcpaimcntsand
ferriccs within ^ Tcrritoric.
More-
I
Ownerjloip of the Sea. Chap.XV. 30J
Moreover, in the time of [lenrie VI , WiUiam de k
^Q0l0 Duke of vS'mj^/^ bccing accufed in ''Parlamcnt, ^ RouTar-
the principal head ofche Charge was, that hee had con- ^'«'«•^S-He».
vcrtrtj the Subfidic monie to other ufes,which had been '^^ ^ '
impoftd and levied for the Guard of the Sea. The
words in the EnxUfh are, jfo? tfje DefettCe HXth
tttpcfonanu faufe fteeptos of tfte ^ea > as wee
reade it in the Records. . A demand was made alfo in
^Parlamenc, in the two and thirtiech year of the fame 1 Rot. Tar-
King, of fourtic thoufand pounds, 5F0? t\^t DCfCttCC lam.:^2,Hen.
anD faufegarDof ttit^ta, as wee reade Ukewife ^"^f '50.
in the Records. But why do I cite them here ? In thofe
^" Ads of Parlamenc which arc puUifhed abroad in mstat.i.Ed"
Print, wee very often finds it, as a thing aflertcd ward. 6.1.
by the Eftatcs of the Realm in Parlament , that the ^""J'^^ ^//
Kings of En^Lnd have time out of minde, by auto- zabeth£, i.
ritic of Parlament , taken large fums of monie, by J''"^'^^^*^-
way of Subfidic or Cuftom, upon Merchandiie either
imported or exported, jfo? tt^t Mmtt OH^t Beallll,
anu tt)e feeepinsanD tftefaufegatUDftl)^ ^eas,
foi tt)e mtercotttfe of #arct)ani)ife faf elp to come
into ano to pats out of tlje fame ( which is the
ulual form ot words.) That is to lay , thtle words
are part of the Preface or Preamble which was ufually
placed in the beginning of any LaworScatuce,where-
by chac moft known Cuftom or Jmpoft of Tonnage and
(PoW^^e was wont to bee impoled, JFO? tljefteepitlS
anD fure Defentiins of tl)e ^eas agamft all pet-
fong cntenDtns 0; tl)at (liall ertent) t^e DiOut^
bance of us pour fato Commons in tt)e mtec:'
courfe ani>tl)eml3aDmgoftDispoui; Bealm. So
that the King of England bach ever been fo accounted
the Arbitrator and Lord of Commerce throughout
Q^q thefc
504- Book II. Of the Dominion^ or,
thcfc Seas , that it could not lawfully bee hindrcd
without his Commiffion. Which truly is a manifeft
evidence of that Dominion or Ownerfiiip, whereof
wee treat. And here you fee alfo that the defence of
the Realm, that is, of the Ifland (for fomtimcs the Iflc
alone, and fomtimes the Sea alio, as Ifliallfhew by
and by, is comprehended in that name) and of the Sea,
as of thofe things which are held and pofleffed by one
and the fame Rightjis joined together. The Tribute or
CuAom afore-mentioned^ which was wont to bee i m -
po(ed^ and the ufual form of the fame Impofition^ may
bee feen compleat in the punted Adts of Parlament of
K.i(J«;4yitheSixt, and others following. But it ap-
pcar's moft certain by the ^Us , that the Predeceflors
alfoofthisfi/«^^rii, whole Records are yet extant^ did
enjoy the fame or the like, according to the various Cu-
ftomof cheTimes. ^
Obfervation
Ol»ner/hipoftheSea. Chap.XVL 205
Ohfervations touching the T)ommon of the
Englifti and Irifh Sea , from the tenor and
varietie of thofe Letters Patents or Com-
mifsions Roial , vs>hereby the Admirals
of England vpere vpont to bee put in Jh-
toritte.
^ Chap. XVL
THc ufual form of Commifsion , whereby chc
High Admiral oi England is wont to bee inverted
with Autoritic for the Guard of the Sea, iun*s
thus ac this day, as it hath don al(o for very manie
years pad.
m^ ffibe mx^ swmto n. tee Office of ow
Sreat ::aDmtral of England, Ireland, Wales, auD
of ticSDommronsanO 3i0anDs belonging to
tlie fame, aifo of out Xottjn of Calais ano out
#accl)eS tljeceof , Normandic, Gafcoignc , anD
Acjuitaio; %m Vd^ Ijatje maoe, appomteo,
ano o?OatneO, ano by tbefe ^ititnts m^
utilise > appoint, anb £>;tbain i^tm tt)e faiD
N.Ottr :abmii:al of England, Ireland, auO Wales , ant)
ont a>on)inions anb 3jaes of tbe fame, ©ut
Xotbn of Calais anb our iSparcDes tbereof,
Normandic, Gafcoign, anb Aquitain. as aifo gene-
ral dSDbecno? ober all our fleets anb s^eas of
our faib Bmgbouio of England anb Ireland, our
©Dmimousanb jjOaubs belonging to tl)r fame*
:;aub fenorb per furtljer , tDat m^ of cue efpecial
grace anb upon certatn biioibieDg u* 2>o gibe
CLq 1 anil
^o6 Book II. Of the Vominion, or,
ano grant to tf)e fait) n. our great :SOmtraiof
bngiand atio (i5obemo? gweTal ooer our fleet?
ano ^ras afb^tefato, ail manner of 3Juri(titctt-
ons> :2(ttto;ttie8, JLimtits^^mm, ftts/^to^
8ts> 2Dnttes,€molaments , mmJxs of tt)e S)ea,
^itammtSj^tQatbSj ::aoi3antasei6f, Commooi*
ttes . )^;et)emtnence£; anti ^jiMtQts Vd^attet-
m^ to tDe (aiO Office our great ;somirai of
England attD Ireland , autl Of tlje Otfter ^UttS
anD Dommions! afo;teraii) in anp manner U;^at«
foeber belongms anD appertatntng.
And afterwards there follow veric many other
paniculars in the King's Commifsion , fetting forth
chat moft ample Command and Jurifdiftion. In
former times, as hath been alrcadie flicwn you, this
kinde of Commanders Were called Cujlodes Maris,
CEfttarSfans o? Beepers of tfte^ea, who after-
ward began to bee invcftcd With the name of Jdmi"
rals , in the Reign of Bd'Ttfori the Firft. But their
Commands were ufually icftraincd to certain Limits
of Coaftsj So that particular Commanders were fbm-
times ftt over each of the Threc,Wcftcrn , Southern, and
Northern Coafts- but for the moft part over the Wcflern
and Northern.Scldom was one fee over botb,beforc that
the Title of Admiral of Englmid, Ireland^ and Aquitm
was put into the Commiisions ; of which more by
and by. But as the name of Guardian of the Sea was
taken from the Sea it fclf , whereof hee was Cover*
nor as of a Province j Co that of Admirals {2v^oxii,
whofe Original is very uncertain j but A'/mnfoLXiog or
• Georgiuf • ^mjr4/ii*5 was ufed of old for a Commander of a Fleet or
mdilcL T^'^'^^y notonclyin the^eS, but alfo in the Ej/?^^»
fiantimpiiu Empire) derived its name of Dignitie , either from the
f-'F^. jjj^gt wherewith hee defended his Jurifdidion at Sea
(as
OrpnerJhipo/theSea. Chap.XVI. yyj
(as it was ufual heretofore) or clf from the Land ,
either bordering upon that Jurifdidtion or joined there-
with as it hath been in the later Form of Commif^
fions . Whereupon, from the time oiEilfard the Firft,
iinro Hmrie the Fourth , about one hundred and
Fifiie years, they were in folcmn manner created
:^mnitais of tl)e 5Ptet o^ij^at^te tAtm&\fi^
toibarDs tt)e ^o;tt)em iaart8> o; tottmrDs ttie
m^tin^m&, ojt tDe s^ontDem, or (as k leii
ouc iomcimcs ) of both together, for, the Southern
and Wcftern Coaft did,as appear's by the thing ic fclf, fig-
nifis one and the fame : That is to (ay , the Coaft
ftrerched here and there along the Shore from the
North of the Thames. But as the Dignitie of thoft
Officers called Comes and Ma^ilier Equitum of the
Weft , MagiHer Equitum throughout Gallia , Mdgifler
Mtlitum throughout the Eaft, Magifler Militum through-
out Thrace , and others of that kinde in the Impe-
rial Offices, did no iefs denote theAutoricie and Ju« .
rifdidion of them that commanded in thefe Pro-
vinces , who before were Lords of the Provinces ,
than if they had been called Comes and Magtjler of
the Weft , Magifler throughout OaKa, throughout
the El/?, and throughout Thrace ^^ fo ic is evident,
chat the Admirals of the Fleets and Navies (where-
by the Sea is guarded after the fame manner, as the bR^tPat.ioi
Land is pofTcfTed by Land Foras) did no lefe fet forth ^'«^^ ^. fart.
the Command and Dominion , and civil pofTefsion of ^ i/.'"j^/cl
thofe that had autoritie over the Sea (who before were ^.fart.i.m.
Lords of the Sea) then if they had been flylcd Guardians chaVdul^^
ofthe Sea, Commanders, or Admirals, in their Com- ComeiA-
mifsions! And fuch as were fo conftituted Admi- ^^un^^l-^
rals of both Coafts, or of the whole BigUp? Navie, tur/«?ro-
were fomtimcs by a general name ^ called Admirals </' ^^^'"^^^^
Qjl J England
^oS Book II. Of the Dominion^ or^
England over the Sei, before that form of words
was put into chc Royal Commifsions- And of
this fort of Admirals you have a Catalogue fet down
by that eminent man i^ir Henrie Sfelman in his Glof-
farie, where there arc others alio that follow.
But fuch a change hapned in the Form of the Com-
mifsions , in the time of Heme the Fourth , that
there was one man appointed Admiral not oncly of the
Hcets or Navies, but of England ani Ireland (over
whofe Fleet of Shifs or Navic for Defence of the
Irif? Sea , fomcimes a particular perfon was made
^llf^i^ari Admiral, as was * Thomas ^tttit tarl of Worcefler)
3.W.15. yea and in cxprefs words alfo Admiral of Afdtain
and Ticardie; As v/zsJkomas Beaufort (whoalfo.was
^ Duke o( Excefier under Hentie the Fifth) in the
tnuUrum^de ^ thirteenth year of Henrie the Fourth , after hee had
Rebus Mart' furrendrcd the Commifsion , whereby hee had bc-
iS'cot^ f^"^^ ^^^^ ^^^^ Commander ofthc Fleets : And hee
toniana.3. • was the firfl ( for ought wee know ) that was
Maiijij. created in this manner. But in the next Form of
"^* Commilsion the name of ^Picardie was left out. So
indeed in the fourth year of Henrie the Sixth, or ^mo
•Rot. Pat '^^* MCDXXVI. John Duke of "Bedford was by
^.Hen.6. Commifsion • made Admiral of England , Ireland and
^"^^^sildT ^V^^^^^^* ^^^^ f®^*^ continued about 88. years, or
»»•2 .;«'• tf^fQughout the Reigns of Henrie VI, Edward iv
Richard \\i , Henrie vlT , and the three firft years of
Henrie \{\l. And about that time, ten others were
in like manner made Admirals, for the moft part per-
petual , of England, Ireland , and Aquitaia ; the lall of
f -^otSart. which was John Earl of Oxon , who was Coromif-
1 Hen.S. fionated in that ^Forra, in the firfi year hi Hmrie
^^*^^''* the Eight. But there followed another alrcration,
or addition of Titles^ in the fourth year of that King,
■Anm
Ovpnerjhip of the Sea.Cnhv.^Wh 309
Anno Vom. MDXIII. At that time , Sir Edward J^fl»
XbAtD K^night, fon of Thomas Earl of vS^wme, af-
terwards Duke of Norfolk , was made ^ Admiral of g KotPat.^,
En^lands, Wales y Inland^ Normandie, Gafcoign, andAquaitain. ^^^I'^^aj'
To w hich words,^ Calais and the Marches thereof z re added i $ .
intheCommifsion of William fit^VailUmS (who ^^^-J'"^-'^'
alfo was Earl of Southampton) becing appointed Admi- 2.Atgufii, '
ral in the twencie eight year of King Henrie the ^^*
Eight. This term of Commifsions held in ufe after-
ward, through the whole Reign .of that Henry, adding
(according to antient Cuftom ) the claufes touching
Jurifdidtion. But in the beginning of f^K^^r^ the Sixt,
Thomas Baron ^e^mOUt: of ^UDeUp> brother to 'Rot.Pat. i.
Edward Duke of Somerfet, was made Admiral * almoft 6.17, Febr!'
in the lame words, zsthit William E2Li\of^ Southampton-^ mmbran.p-
inftrting after the name o( Calais^ TBo/ojgw and the Marches
of the fame. After him followed j^ofc» Earl o( Warwick,
who was created by fi/M?W the Sixt , in the third year ^^^l'^'^^*'
of his Reign, ^ our Admiral of England Jreland,W ales ^ Calais^ I'Novemb:
andBoloign and our Marches of the fame/f Normandie,Oafcoign, 28.
and Aquttain • 04 aljo Governor general over all our Fleets
and i'e^j-, And in the fame Commifsion hee is ftylcd aftqf-
wards , Great Admiral of England and Governor of our
Fleets and Seas, But after a while, the name of Bohign
being omitted, the next high Admiral of £«^/4?Jti was
created in the very fame Form of words, as is mentio-
ned before in the beginning of the Chapter. For , in
the fame ^Form was William Baron I^OldStD of Cf* ' Hot. Pan,
finstWm Son ofliow^y Duke of 2S[pr/b//:, made Admi- ^^'^^J'"
ral in the beginning of Queen Marie, or Jnno Dom. ^oMmU.
MDLIII. And the Command or Government oi ^'^^3'
thofc Seas, as the principal charge of that Office or
Dignitje, is more notably exprcflfed there, as you may
fee, than in the Commifsion of the Earl of WarwicK
From
^io Book IL Of the Dominion^ or.
From that time forwards, the very fame Form was
keptalwaies j as in the Commifsion of the high Ad-
mirallliip granted to Edward Baron Clmton ( afterwards
mRot.Tat.^. Earl of Lwco/m) in the Reign of™ PWft/7 and Marie -^ aUo
&'^.PbiL& in the Commifsion of Charls B^von oi Effingham^ after-
m/X*'' w^f^s E2vlo( Nottingham, in the time of QJ" Eli^^abeth;
■ Rot Pat. ^^^ ^^ ^^^^^^^ Duke of York , in the time of King
zyEUz.is, ^ James '^ befides George Dakt o( Buckingham ^ who en-
^*?;.^°- ^* joicd the fame Office or Command in the fame words,
"^ ' in the Reigns of ^ James and Charls, So that for above
J^ctmlsit ^^g'^^^^ y^^^s or thereabout (that is, from the beginning
fart. 9. Jan. of Q^ Marie) the whole form, as it is fet down in the
^7- beginning of this Chapter, was ever exprefsly retein-
?Kot.Pat.i6 ^^ ^^ ^^^ Commifsions of the high Admiralfhip of
Jacobi %e- England^ fo far as they denote either the Countries , or
gis.pn.ij. ^^ ^g^g^ or the Dominion of the fame. But there-
in the Admiral is flylcd Governor General oyer all
our Fleets and Seas , (juft as John Earl of Warwick was
likcwife cxprefsly appointed in general tearms under
Edward the fixt ) or over our Seas afore/aid. But
what were thofc Seas , or the Seas aforefatd ^ They
are in the fore-going words cxprcfsly called the Seas of
our [aid IQngdoms of England and Ireland , our Dominions
\ and Iflands of the /amt» That is, in plain tearms, A/^r
d^ Engleterre, d' Ireland, <^ Gales ^ or the Sea of England^
Ireland, and Wales ; after which manner the Seas be-
longing to the Dominion of England^ are fomtimes
q stat*io H. alfo defcribed in ^ our Laws , which are called like-
tt'td.^'.foU wife now and then by "^ our Lawyers, Les quatre Miers
9. /e»36 4. (fEngleterre, or the four Seas 0/ England, divided accor-
^'* ^* ding to the four Quarters of the World. So that in
the mod received form of this Commifsion, after the
beginning of Qnten Maries Reign (out of which al-
io the fenf and meaning of former Commifsions is
to
OvpnerJhipoftheSea. Chap. XVI. ^n
to bee colleded) wee hare a continual pofTefsion or*
Dominion of the King of England by Sea, pointed
out in exprels words for very many years. And
what wee have alreadic fpoken by way of Collc<ftion
out of thefe that followed the beginning of Mark^
touching the fenfor meaning of former Commifsions,
wherein a pofitive Command of the Sea is not expref-
fed, is truly (to omit the thing it ftlf, which fufficicnt-
ly intimate's as much of its own nature) not a litde
confirmed upon this ground, that hecai{b,who before
any cxprefs mention of our Seas^ took place in the form
of the Commifsionof the high Admiralfbip, was nexc
preferr'dto the fame dignitic, was immediately after
hisCreation^accordingcothe whole Title of his Office
(as beeing the fame title which indeed al waies belonged
to the Admirals of England) ftyled ; Great Admiral of
England, and Governor General of the I^Vie and owr Seo/S, ' ^^^*^"*''
So verily Tkomas ^2Lton Seymour (whom I mentioned e.membran,'
before) is ftylcd Admiral of En^^nd in the Patent Roll 5- ^^«K
granted to him by fi/»^W the fixe. « ^®'
Rr n
Ill Book II. Of the Dominion^ or,
h U proved by vpcrds plain enough in the form
of the Commifsionsyor the (government;
or command of the high AdmivBl of Eng-
land, from antient to the prefent time,that
the Sea^for vphofe guard or defence^ hee
rpas appointed by the King of England as
Lord and Soveraign^ y^as eyer bounded to^
rpards the Souths by the fhore o/^ Aquitain,
Normandie, and Picardie.
Chap. XVII.
BUT in the Form alreadie fhewn,' which hath
continued in ufc for (b many years, you fee menti-
on is made onely of the Seas of our ^in^doms o/England,
and Ireland, our Dominions, and Iflands belonging to the fame^
as the Province, for whofc guard or defence the Admird
was appointed j that is , (as wee have told you) the
'Englijh, Irip^ and Welch Sea , all which is conteincd
under the name of the SWft/A , as it hath been obfervcd
at the beginning of this Book. Yet the names of 2Sjor-
mandie, Gaf coign, and Acjuitain^ befides Qalais , are added,
which are Provinces leatcd upon the fhote over againft
us. As to what concern's them in this place , they arc
cither to bee confidered in the fame manner as if they
had been alwaies held in fubjedion by the £«g/i/fc from
the time of the firft mention of them in the Commifsi-
on^ or as they have alreadie for (bm Ages pail been out
of their Jurifdidion.
But fuppofe in the firft place, that they had al waics
remained in the Jurifdii^ion and Poifcfsion of the Eng^
Oii^nerjhip of the Sea. Chap.XVII. jc}
lifh, Qucftionlcfs, howfoaver the Admiral of England
might then, according co this Form of Commilsion,
have had Courts of Admiraltie in thole Provinces ( as
there is no place aim oft without Courts of Admiraltie ,
even where riot any Dominion of the Sea at all is pre-
•tcndcd to belong unco the place, wherein they are held)
yet by no means might hee thence bee called Comman-
der of the Sea it felf ( if fo bee you except the Ports^
and fuch like Creeks of the Sea, which arc as it were
incorporated within Land) either as it may bee faid to
belong to Kormmdky or to Jquitain^ Gafcoign or Ticardie :
But by virtue of this form of Commifsion , hee had
exercifed Maritim Jurifdidion in thole Provinces be*
yond Sea , no otherwife almoft than our Admiral in
Biglmiy and Ireland^ or others the like do at this day, over
men's perfons Sc goods upon the African^ Mediterranean^
Indm, or any other Sea at a remote diftance : For, the
extent of fuch a Jurifdi6tion by Sea is without bounds.
But the extent of his Jurildidion , or of the Sea , over
which hee is placed Admiral, as Warden, Guardian, or
Prefidcnt^ to defend and keep it under the Dominion of
him who is Lord thereof, are bounded. And it iuffici-
ently appear's by exprels words of the antient form of
Commifsion, that no Sea is conteined therein, as a Pro.
vince to* bee defended, but that which is either E«g/j/??,
Welch ^othijh^ or relate's to E/gl W, "^aks , znd Ireland,
as an appendant. From whence it fellow's, that thole
names of the oppollte fliores in the Commiftions do
not at all mention the Sea flowing between as propet
I to thofe fliores, or belonging to them in any kind, but
ferv onely as a limit beyond the Sea (lb far as concern's
the limiting of the ^nglip? and /ri/7? Sea j) as thoie names
z\(oo(lcngLnd, Wales ^ and Ireland, ferv in flead of a
. limit oa this ficie of the Sea, fo far as in the Commilsi*
• Rr 2 oa
7^1^ Book 11. Of the Dominion, or,
on they denote the Sea under the Admiral's Charge or
Protedion : So that, even as that Officer called the Count
of the Saxon [hore throughout Britain, was eminently ac-
cording to the name of his dignitie, Coanmander of
the whole Sea flowing between Gallia and Britain , as
of a particular Province, (which hath been fliewn * al- .
^b^slo^' readie) and had the nameoftheoppofitefhore for the
limit of his Jurifdidtion ; fo the high Admiral of En^-
land, or Commander of the Sea belonging to the Eng,
up? Empire, hath in the King's Commifsion the fliorc
o( Normandie , Gafcolgn ^ Acjuitatn^ and ^kardky to let
forth ondy the beyond-Sea limits of his Jurildidtion or
Command (fb far as hec hath charge of defending the
Sea Province or Dominion belonging to England) in
thofc fhorcs which lie over againli us. For^ifany fty,
that the cafe is otherwife, wherefore then is not the fca
over which hec hath command , denominated front
fom of thefe fhores over againft us , as well as of the.
Englifh, Irifli^ and Welch, ot the Seas of the I\ingdoms
of England, Ireland, and Wales, and of the Dominions and
I fles belonging to the fame ? The Realbn is, bccauf no
other Sea, as it falls under a Civil confideration (fop
wee (peak not here of the denomination given by Geo-
graphers) doth flow between the Territories on this
and the other fide of the Sea which ate mentioned in his
Commifsion, Therefore as in that Roman dignitie of
the Count of the Saxon Jhore throughout 'Britain, the fiiore
was the tranfmarine bound or limit of that dignitie, fo
alfo in the Command of the high Admiral of England
(fo far oncly as hec hath a Province or Jurifdidion by
Sea, as a Governor of a Territoric) tho(c oppofite fhores
or tranfmarine Provinces, named in his Commifsion,
are to bee reckoned the Bounds of the Sea under his
Charge or Proxedion. And this truly is fufficiently
• appa-
Ovpner/hipoftheSea. Chap.XVII. 31J
apparent from the words of the Commifsiofi alreadie •
handled, if fobce wccfupppre (as hitherto wee have
don fprdifcourf (ike) that the Kings of £«^W did, all
the while that form of Comn)ifsion was in ufc, re-
tain thofe Beyond fca Provinces under their Dominion
as the Romans had don of old. But the matter is made
more evident, if wee obferv how the names of thofe
Provinces have, aclcaft,from the time of Queen Marie^
been fo kepc in the form of this Commifsion, that fince
her Reign there remain's not the lead ground for any of
thofe in the Commifsion, to fignific any other thing
than what wee hare alreadie declared : Tor, in her Reign
Calais ^2s yielded up to the French^ and fince that time,
thc^iglijh have not been poflcffed of any Province up*:
on anypartofthcoppofitcfhdfc.
Moreover alfo, in the one and thirtieth year of King
Henrie the fixt , or Anno Dm. MCCCCLTTr the Englijh
%vcrc driven out of Ga/coifft , Jcjultain, and the other
Provinces of France, by the French King, CharU the fe
venth : Nor was there after the time of this Hemie^ any
Officer or Governor of Note appointed, or that could
conveniently bee appointed by the En^i[h cither in TSLor-
mandie^ or in Jcpttam it felf ; yea, nor in ?{ormWie,either
after or long before the lofs o( Jquitain. It is true in-
deed , that the Countie of Guife, Calais^ and fom othef
Towns in Ticardie, befidcs thofe neighboring ones that
Henrie the eight gained by force of arms in the fame
Countrie , remained long after in fubjedion to the-
Kings of England; yea, and that a fmall part of ^ ^^«i- i^.t.Vafcon.
tain yielded obedience, though not conftantly,to the e.&jEd/
. King oi England, for fom years after Hrwr;> the fixt; but "^^^'J"^'*^
not the whole Dutch ie. Nor doth it make to the con- rm,
trarie , that fomtimcs under fom of our later Kings,
there was one appointed CaptainGeneral or Governor oyer
Rr } 4B
7i6 Book II. Of theT)ominion,or^
^ all our JubjeSis in Normandie, with which Title both Am-
brofe Earl of Warwick, and Adrian J^oynin^s were honored
c %ot. Pat. in the time of Queen ' Bifaheth. For, they were roeet-
faruu in ly Gcncrals of the Forces that were tranfported thither
dorfo. to afsift the King of France , not invcfted at all with
any Government or Command of the Dutchie ot Nor-
mandie. But yet, even after the time of Henrte the fixr,
the name of Jquitain was conftandy retained in the
Commifsion of the High Admiralfhip of England:
That is, for one hundred and fourfcore years, or there-
about, after the Eiiglijh were driven out of Jquitain, as
appear's in the former Chapter. Hereto at length was
added (as is fhewn there alfo) the name oilslpihandie,r
in the beginning of Henrie the eight : whereas ifoc-
withftanding the King of England, was not poflefled of
Normandie a long time before, nor in any wife after .
^ Rot Fran- ^^r did hec in that agreement '^ made a little before with
c/>,2He«.8. the King of France, claim any other poflclsionin !Pi-
cardie , befides that of Calais , and the Terricorie of
Guife, and Hammes, And (o it hath continued now
for one hundred twentie two years alio in the Com-
mifsion of Maritim Government or high Admiralfhip
of England, without any relation at all had to the Go-
vernment or Command of the Dutchie it fclf, but onc-
lyof thefliorc, which bounded the Sea under his Ma-
fter's protection, upon the Coaft of Frdwc^. For, al-
though Jquitain indeed was firft added to the names of
]England and Ireland, in that Commifsion, while the
Englijh poflefled the Dutchie of Jquitain^ nevertKelefs it
not oncly fo remained like wife in that form of Com-
mifsion conftandy, even after the cxpulfion of the F?g-
lip, until our times , but Normandie alfo (which had
never been named before in the Commifsion of high
Admiral of England) was added , and this fom Ages
after
OtPnerJhip of the ^^^.Chap.XVII. 517
after that the Bn^ip> were wholly .deprived of the
Ducchie ic fclf ; So that either thefc names do ferv
in ftead of a Limit to the Sea under his protedtion,
or elf wee mud perforce admit contrarie to reafon,
that they fignified nothing in the Commifsion for (b
many years. For, wee fee that thofe names of oppofite
Shore were reteined in the Admiral's Commifsion,
even from the end of Queen Maries Reign until our
times, or for the fpace of 77 years, though the Englijh
in the mean time were not podeft of the leaft part
of France; as alfo that Normandie was added many
years before, but yet long after the En^lip were outed
of its poffcfsion. Nor ought any man fondly to ima-
gine that thefe Names were inferted , becauf of that
right the King of Englandhzd to the Crown of Fr^wc?.
For indeed, the Kings of England have, by anantient
Right, ufually entitled themfelvs Kings o( France:
Alio the Dutchies of Jquitain and Normandie and the
other Provinces of France mentioned in this Commif-
fion , are comprehended in that name of the Kingdom ,
as the leflcr in the greater. But if th^ had been the caui^
» certainly the name of France fhould have been afcribed lo
our Admiral ; yea, and other Officers of that Kingdom
have been made in the fame manner by the King of
England after hee was driven thence ; Of which thing
there is not the leaft evidence indeed any where
cxftant. And it is to bee obferved , as foon as
ever an alteration was made in the Draught of
the Commifsion , from that denomination of the
Command of the Admirals of England^whidi was deri-
ved from the Fleets and Coafts over which they had
command, unto that which is made up of the
Kingdoms and Provinces, that then an Addition was
made of ^^«ir^m J to the end that the limit or Bound,
as
2i8 Book 11. Of the Dominion, or,
as well on this as the other fide of the Sea , might bee
pointed out by the Shores : The name of Kormandie
beeing added aftcfrwards , and reteined ftill together
with Qalais and the Marches thereof and Aquitain, up-
on the fame account. But while that the Kings of
£?jgW were in former times pofTcft of Normandie^ A-
quitain, and other Countries in France , there are not
found in the form of Commifsion, wherein the King-
doms and Provinces (as hath been alreadie flicwn) ,^
are exprefsly nominated, any other Admirals or
Governors of the Maricim Province or Domi-
nion by Sea made by them , befides thofe to whofc
care the Fleets and Coafts were committed in the man ncr
alreadie mentioned 5 that is to fay , the whole Sea
flowing between our 'Britipj Ifles and the Provinces
over againft them , and the Fleets belonging to any
Territories whatfoever of the Kings of England, were
at that time by a peculiar right of the Kingdom of
England in the Sea , Co fubje^t to them who were
fb piit in Command over the Efigli(h Fleets and
Coafls, that there remained neither place nor ufc
for any other Commanders of that kindc. Which
may bee faid hkewife of thofe times , wherein
fbm of the Kings of England flood pofTefTed alfo of the
Kingdom of France ; as Edward the Third,and the two
Henries 5^^ and o* Nor is it a bare conjedure, that
they did not put any others in command over the
F^ncU ^^^ ^^^ ^'^*^^^ > belides thofe to whom, by right
Hormamu, oncly of thc Kingdom of England, the power was
A*^hivo committed (to wit, according to that right which
arcisLon- comprehended the whole Sea flowing between) but
dincniis, j^ jj (ufficiently proved alfb upon this ground, that wee
finluiorum havc the antient publick ^ Records of thofe times,
annii diftin- touching thc Officcs conflitutcd by our Kings in
Cii.
France
Ownerjhip of the Sea. Chap.XVIL i^
France^ and thofe Provinces beyond Sea, in moft
whereof I findc noc the leaft fign of the coa-
iraric.
And if ic bee dennanded here , wherefore it was
thac che Shore of 'Bretakn was omitted f which in
like manner he's over againft our Iflc oi Britain, and
together with the Shore of T^icardie, Normandie^ and
Aquitm , fufficicndy take's up that whole Txz€t which
ilrctchcth it lelf in the Realm of France, before the
Englilh and IrifhSt^-^) certainly, if the afore men-
tioned reafbn take place, there is little cauf to doubt
that i: hapned thence, becauf thcKingof £«g/4wd was
noc at any time fo ported of Bretaign , cbat beeing
ouced of it, hee needed to bee very follicitous touching
the Bounds of the Sea-Territorie adjoining. Diftin<5t
Lords of Territories confining on each other (as
were the King of England and Duke oi Bretatzn here-
tofore; for Bretai^ had Kings and Dukes of its
own before CW/f the Eight, under whom, Jnno Dom,
1 49 1, it was united to the Realm of Prance) do for
the moft part keep their Bounds fo diftindl, that they
may bee the more evidendy taken notice of by all ; but
when of fuch kinde of Territories there is but one and
the fame Lord (as the King of England was while hee
polTefTed either Normmdie or Jquitain or any other Ma-
ritim Province in France together with England) hee bee-
ing outed of cither, ought above all things to take care
that the paft confufion of pofle(sion bee not prejudicial
to the future diftin6lion of Bounds. For fear then,
left it might have been pretended that even the Sea ad-
joining or confining with thofe Maritim Provinces,
which were a long time heretofore pofleffed by the
"Engltjh and afterwards taken away, was taken away
S f togethei
310 Book 11. Of the Vomimon^ov,
cogethcr with the Provinces , vvhenas perhaps, by
reafon of the pad confufion of poflelsion m one
and the fame Lord, all men might not bee (ufficicntly
inftrudtcd touching the Bounds of the Ewg/i/^ Sea placed,
as wee have faid,upon the Shore over againft us . there-
fore for the fetcing forth of thofe Bounds, the name firft
ofjjuimn after its beeing loft was reteined in the Ad-
miral's Commifsion,and then thatalfo oiTSLormandie was
added. And afterwards both of them, with the name
of Calais and the Marches , in ftead of the Shore of
^kardie , were for the fame realbn continued down
to our times. Which reafon truly could not con-
cern "Bretaign at all 5 nor Flanders likewife, nor any
other Shores lying Eaft ward over againft us : All which
neverthelefs do , after the fame manner , bound the
Sca-Tcrritoric of England. Moreover, thofe things
that have been hitherto obfcived , fliall bee confirmed,
by what wee fhall add next , touching the Office of
Admiral among the French,
Touching
Ovpnerjhip of the iy^^.CnAP.X VIIL jii
^oHching the Admirals of the Kingdom of
France, or thofe conftituted upon the
cppofite Shore j their' Original, nature
and varietie. That the Sea it felf jlo'TP^
ing betvpeen Britain and France ^ is not
conteined in that command of his^^ of
one that is Governor of a Territorie or Pro^
vince j nor is there any thing in it that
may oppofe the Dominion of the Kipg of
England by Sea.
Chap. XVIII.
THat there were Admirals al(b conftituted by the
French King upon the oppofit Shore of France^
is known ro everie man. And as there is an Ad-
miral appointed in Gallia TSlarbonenfis to over-fee mari-
tim Affairs there , fo alfo on the oppofite Shore,
there are diftindt Offices of the Admiral of Aquitain,
!Bretaign , and Normandie and the adjoining Coafts.
But the French Lawyers of late are wont to call their
Admiral in Latine ^rafeBus Maris, dSOfyttttOttiit^
^tHy as if the Sea were fubjedt to him alfo as a Go-
vernor 5 whereas notwichftanding , if the thing bee
rightly confiderd that Goverment of the Sea by whac
name foever ic bee called , doch not fignific (as among
the Englijh ) any Dominion of one having command
in any nearer part of the Sea (for , wee fpeak not
of the Sea of Mar/tilk^ which hath no relation here-
S f 2 - unto
0
1%! Book lit 0/ the Dominion, or,
unto ) but onely of their Naval Forces in any Sea
whatfoevcr j together with the Government of the
Sea-men and Jurifdi<5lion over their perfons and
moveables, which may fall under the deteiminati-
a Arreft, arm. on of a Judg fOur ratfon on occafion (as they * fay) defaiEi
l?JJl'Jf de la mer , that is, by reafon or upon occafion of any fult
Edm. franc. Of cmtroytrftt aYifingahoutSea-Jjfatrs, For the more plain
'i:om.3.'Xit.2. underflanding whereof wee mud make farther en-
quirie.
In the more antient times, there were indeed Admi-
rals or Governors of Sea affairs among the Frmcfc,yet fo
that their Writers do not a little differ about the original
of the dignitie. They for the mofl part fay, that RotUn-
dusis found to have been Governor of the Sea ofjre-
Vomanio' morica OX ^ "^Htd^n under Charkmalgn^ v\ horn they fetch
FrancU:, lib. out of Bgtnhartws who wrote the life of Churls at that
1*1 Pafquier ^^^^' ^"^ ^^ Bginhartus he is exprefsly called Governor , not
en les Re- of the Brttip? Sea^ but- onely of the Shore of Britaign , as
ccrches, //z/. ^^^ j^jj y^^ jj^ t[^g * former Book: In which name
Y.T[iim de there is a dcfcription,noc of one that govern's ihe Sea as a
de Rebus Province, but who command's the Shore as the limit
lit,2^%i. of his dignitie. That is to fay, of the fame kindeas
*C4p. 1 8. thofe Counts (or officers) were, lft?/;o yt^ere *" deputed in that
''canii^& Age to guard the Sea Coajl, and fecure it from theincur-
Udovk. fions of enemies by Sea. There is alfo a ^ namelefs Autor
KR.//i.5. ofa Chronicle belonging to a Monafterie called Mono-
^inGefi. flir'mn T3e^;j/^, who write s that this guarding of the
Nomanno' sfjQjgs under the Carolme Kings i^m given over a little after
'the time of Charlemaign. But in the following Ages,
the Kingdom of France^ beeing divided as it were by
piece-meals into feveralprincipalites, chat which a long
retained this name of the Kingdom of France.^ was re-
duced into fo narrow a compafi, that the;Province of
'Rarbon was held by Sovereign Earls of its ov^n^Aquttam
or
^
Omerjhip of the Sea.CuAvXYWl. 315
or the Wcftern Shore which lies more Southerly
with iSformcindie by the En^Up) ; '^Bm^igw either by
King^or Dukes of the fame, aud Flanders by Earls:
So that whilft the whole Sea-Coaft , except ficardie^
remained (eparatc from that Kingdom , there was
Sea little enough lying before it. Yea, and the
Naval Forces were fmall enough, of which (be-
fore the acceffion of a larger Sea-Coaft to the French
Kingdom ) there was moft ule in the expedition of
the holy War. Nor was any other Governor wont
to bee appointed there by the name of Admiral,
then hce who as occafion required was put in
Command over the Navie and Militarie Affairs by
Sea , yea , and was borrowed from fbm Nation
bordering upon the Sea, as the Genoefes or others of that
kinde. But the Kings themfelvs had at that time no
Command over the Sea, as it is exprefsly written
by Johannes Ttlim , z Clark of the Parlament of
^arls. His words are thefe , * After that the King- e p^ !2^i«r
dom of France Ti?as kffen'd by divijions, and the ^np con- Gallic^,Uk
fined to more narrow Dominms , becaujthey had potent Vaf- Laurent.BQ-^
fals Ti?ho enjoied Feuds fi?ith abfolute SoVeratgntie ^ if you cheUntbe"
except their homage {for^ the ^ing of England held the QaUilmL
Vutcbies of Nor mzndk and Aquitain • Britain had a Duke >rM. fag.
of its own '^ dw^ Flanders, Tholoufe , and Frowtncc had ^®*
their Earls) the Icings ofYtznctfor a long time had no
command over the Sea , and therefore had no need of Admirals^
until they undertook the Expedition for the holy Land^ at "^hich
time they made ufe of Genoefes ^hom they htred^ "Vpith
Spaniards , or other of their neighbors that T^ere ^eU skiU'd
in Sea-ajjjirs^ to under-iake the care of transportation , having
no office appointed for that purpofe j and by this means they
had many Admirals in one fengle Expedition, Biit after that
the Englifh had quitted Nermandie , and the Kingdorti
Sfj of
^i^ Book II. Of the Dominion, or,
of irance had gotten ground upon the Sea-Coaft , the
ufe of Sca-Affairs alto was (bnciwhac augmented-
That is to fay, about the times of John and Henrie the
third Kings of England. So that the firft Admiral
that they reckon in the Catalogue of French dignities,
of whom any memorie is left to pofteritie, was En^ue^
randus Coucituif in the time of fhilip the Bold King of
trance, or about the year 1280, as it is related by Jo-
annes Teronius, And what kinde of dignitie his was,
appears fufficiently thence , that his next Succcflbrs
Matthew J^omorancie^ 2nd John Harcourt were oncly^up-
on a particular occalion,put in command over the Sea-
w^^^^cw- ^^^^" ^y ^I^^^^P '^^ fi^^'i ^^ ^^^^ undcrftand by their
nimiy i7iHi' Commifsion. Yea, and they are mentioned by William
iioriaFami' JeNangis, by the title of Admirals • as others al(b are by
rancUjLb.s. ^Joames de'Behy in the time of fhilip the fair, Al-
pdg.183. though ^ Joannes Ttlius reckon's Amauriu4 Vifcount of
e£p^^ 7^i4rio««e, to -bee the firft that bare the dignitieof Ad-
nltraj€a.& miralin France j as aconftanc fetlcd Office over the Af-
ComMolian^ fairs of thcSea; to wit, in the timeofjo^w andCWj
kDe Rebus chefifc Kiogs of france^ that is, about the year 1300^
Gallicisy lib. ^^jlcft i Others are too bufic in fumming up divers
thajium, en othcr particulars , touching the Antiquitie of this com*
UsRecerches, mand among the Fr^wcfc. Afterwards Jquitain was added
iPtteiiim. 'o ^^^ Dominion of the King of France , in the year
9nl*Amiral 14^5* Henrie the fixt of England becing driven out.
4e Frme. g^^ -^^ ^j^^ ^^^^ 148 1 . the Province of Narbonne ; in the
year 1491. the Dutchic of ^retaign ; and laftly, in the i
(pace of fom years, all that the Englifh held in Ticardie,
was added alfo. SoalltheSea-Coaft , except ''Bdgium,
returned into the Patrimonie of the Kingdom of France.
Hereupon it came to pafs, that four Sea-Governments
or Admiralfhips were afterwards m ulc therein , not-
wichft^ndingthacfomcimcsone and the fame perfon
held
Oivne^/lnp of the Sea.Qnk? .^WWl. ^i^
held (everal together. But of thefe, the Government
that bclong's to the fliore of Is^prmcindk ar^d ^icardie, is
at this day ufiially called the Admiral fhif of France , be-
cauf before that the Province of Narhonne , ^quitain,
and 'BrUaigne were annexed to the patrioionie of the
Crown J the oncly Vlaritim Government in the Realm
of France, was that oiftcardie^ whereto Normandie was
added afterward, as the next Province • the other three
beeing denominated from their refpcdivc Provinces.
The whole matter is very well fet forth by Renatta Chop' ^
finm. ^ There are (C^khhcc) four Governors of the French nh Franc.
Sea, Hfhohear an equal command under a different title, and lib.i.tit.i<^.
Upon federal CoaUs of the Sea, tor, in antient time , Aqui- po^ei/iner.
uxnlUfas pojfejfed by the Englifh ^ Brctaign by its Dukes, Enl'Amiral
?w\tncchy Hereditarie EiiflSj not by the Kings o/ France, c/L.^j^a!'
And therefore at that time ^ the Admiral of France had com-
mand onely over the Belgick Sea of Picardic, nnd Norman-
die, as far as the Qoajl of Bretaign. ©«f then all the o-
ther bordering Princes chofe Governors of the Sea^ or Admi-
rals . peculiarly for thcmfelvs. And therefore the Englifli
beeing driven out of Aquitain, and the Countries o/* Provence,
and Bretaign, beeing brought into /ubjetTton to the (/own of
France, the Kjng juppofmg it not jit to innovate any thing^ap'
pointed a Lievtenant and Admiral of Aquitain j likewife a Go^
rvernor of Bretaign, li?ith the government of the Sea j as alfo
in the Trouince of Gallia Narbonenfis, in a majtner dijlhiB
and apart from the rejl. ''But the chief Courts of Judicature
belonging to the French Admiral , are fetid at Paris, and Roan,
So hee. And a little after hee writers , that there were
Princes, not a few, who held the Sea Coafts as be-
neficiaries^ that enjoied the power of Admiral in their
Territories. But wee have Edids and Decrees con- gumVrm^I
cerningthe Admiral's Jurifdiftion over the Maritim iib.^.tit.%,&
Forces, Af&its, and Perlons, in the times of [Charls f;^^'"^'^'^-
• the '
7i6 Book IL Of the T>omimon, or,
rhc fift and fixt, Lewis the 1 1'\ Francis the did, Heme the
z^ 3c 3*^,and,othcr Kings olFranc^- as alio touching the
Tenths of Spoils taken from Enemies, and other things
of that kindc which relate unto the Goods and Pcrfons
of fuch as are fubjeft to the Crown of France , upon
the account ofary manner of Navigation whatfoever.
And in thcfe Edids hee is fomtimes called by the King^,
" Edici. Lu- 2>{oHre *" Lieutenant general per la mer <sr grebes d' icel/e,
dovki, 12, chat is J our Litutenant general throughout the Sea ani the
^"^ °' Jhores thereof But this Lieutenant or Governor ( as
they plea( to call him) of the Sea, was never at all in
command over any part of the Sea flowing between
France and Britain, as over a Province or Territorie to
bee defended for the King of France, ( after the fame
manner as the Admiral of England ) but in the Sea
'^ Perns Grc' oHcly ovcr the "Naval Forces, Perfons^ and Affairs
fjsjnim!"' belonging to the French Jurifdidion; much after the
jurisMb.i' ftmc manner, as a Sovcraign Prince take's cognizance
f'^P^ of Offcndors of his own Retinue in a Forein Terri-
torie,and rule's them as at homcj but without any pre-
tence of his to a right of Dominion in that Territo-
rie. Which truly there is no man but will concciv,
that fhall in the firft place obferv the defcd: and deep
fllence of antient Tdiimonies^ touching (uch akinde
of Dominion among the French, befides the Qualitie
of that Government among them, and at lerngth the
entire and moft ample Power alwaies cxercifed
throughout the Sea and thcfhore lying about it, un-
der the fole command of the Englifli , and will but
compare it for fo many Revolutions of years , with
thofe fo long broken and divided Dominions upon
the oppofite fhore of France , and with the late addi-
tion of the Sea-Coaft to the Kingdom of France^ accor-
ding to thofe things which have been alreadie (poken
about
about it. It is clear, that there are no Teftimonies be-
fore our time, concerning any Dominion of this fca^
belonging to the King of France. Nor are there any
in our time, except certain Lawyers, who fpeak of it
cither by the By^ or in a Rhetorical flourifh onely, not
in a way of aflerting it by ftrength of Arguments. Of
theft things I have (poken alreadic in the former
Book- where alfo other matters are alleged, offpeci-
al obfetvation, which confirm what is handfcd in
this particular. But now let us add hereunto, that the
very French Hiftorians, both of the paft and prefent
Age, do affirm, that in antient times the Kings of
France therefore either had no Admirals at all , or elf
that thty were conftituted now and then ( onely as
occafion required ) lecauf they had no Empire over the
Sea, as tilius (aith dlj^refly in the place above-mentio-
ned. In vain therefore doth * Topellinerius reprehend ^L'Amiral
thofe Hiftorians, in faying it is fal(] hcc2LuC Normandie, cLpfp?^
ficardie, and Flanders^ were heretofore under the
French Dominion. For , not to mention this , that
the Kings o( France reigned a long time without the
poflefsion of l^ormandie 2ind Flanders^ and reteined not
any other fliore befides that of Ticardie , (as appeat's
by what hath been alreadie flicwn , and by the fre-
quent Teftimonie of Hiftorians) and theconlequencc
doth not appear to bee good, that they had any com^
mandover the Sea, becauf they were in poflelsionof
fom Sea-Coaft 5 no more truly than it may bee con-
cluded, that a man is Lord of a River inFrance , be- ,
caul heehath Lands lying by it: whereas by received commas ^^
Cuftom according to the ^ Law of France^ the King is desE<itu&
Owner of all Rivers that are Navigable, where they 2.'fS'i!
belong not to fom fubjed by a particular prcfcription coLHen.
of poffefsion, or fomi other title, befides the poffefsion 3-^^^i<5o
Tt ' " of
jiS Book II. Of the T>ommony or,
of the adjacent Land, as the Cudonn is not unufual al«
foin other places.
But as to what concern's the Qualitie of this Mari-
tim Government among the French ; it is to bee con-
fidered, that as every one of the more eminent Offices
or Governments , hath a peculiar place in their high
Court of Parlament, and that according to the nature
of the Government, as it chiefly rcfped's any Pro*
vince^r Government within the limits of the French
Dominion, as the Conjlable^ the Grand Efiuyer, or Matter
of the Horf, the Grand MaUer, and others; yet the
Admiral of France , hath no place at all upon that ac-
J count : As it was determined in the time of ^ Hen-
12 jan.ut' rie the fecond^ when fuch a place was plainly deni-
maturin gj [q Qafpar toUigriie Admiral of France , as hce was
FtAmufm. Admiral, or had the Maritim Governments but it
3.t/r.5. in vvas granted him as Governor of the J/Ze of France
^i%. (^« they call it) under the King. For , by the title
SimonMari' of Admiral, hce had no Government in Chief with-
oninFl^it. -^^ ^^^ limits of the Kingdom; but becauf beeing
Admiral of the Fleets and Sea (in the aforcfaid feni)
which is out of the King's Dominion , hee exercifed
Jurifdi6tion over Pcrfbns and Affairs onely upon the
Accompt of the Sea, therefore in this refpedt hce
was to bee denied any place. For which cauf like^
wife it ctme to pafs ( as it Jeem's ) that thofe four di-
flindt Admirals before-mentioned, have in like man-
ner alfo a Government of Provinces j from which
they are wont to bee denominated, as wee underhand
by thefe paffages alreadie cited out of Choppinu^ , and
others that write of this matter. So they that have a-
ny principal command within the limits of the King-
dom, that is, within the (hores of F;^<i?iff, do enjoin
an equal privilege with the other more eminent digni^
ties.
Orpner/hip o/the Sea.CHAv.XVlll. jzp
ties of tKe Realm. Moreorcr alio, the Regulation of
thofe Rivers whereof the King of France is Lord , are
not under the Admiral's Government, but under the
fpecial charge of thofe Officers , that are called Pre-
fidents or "^ Mafters of the Waters and Forefts. That t Oe quibus^
is to fay, the pubUck Waters which are within the ^olumcn
Bounds of the Kingdom, and over which the King rc7ipfitX"«'
hach Dominion, do belong to another dignitie^ not at ^yonms,6^
all to the Admiral, who, according to the general na- ^nLl'fie.
ture of his Office , is not appointed to take charge of
any Province there, much lefs of the Rivers (as in Eng-
land,) The principal intent therefore of this Office or
Dignitie is onely to command the Fleets by Sea 5 For
which cauf alfo (bm years fince Hemic of Momorancie
Admiral of Y ranee, having fet up a Statue on horf back
at Chantillie in honor of his Father Henrie Duke of Mo»
morancie^, call's himfelf in Latine onely Z^av^jfe M/fo/^ ^J^udAn-
MaqiUrhtn, Mafter of the Mlitia by Sea, inftead of Admi- ^^^^^chef-
ir- 1 At -in. If I nium.in Hifl.
ral, So that never any Admiral conliituted by the je FamM
French King either of f ranee , or 'Britain, or /^quitain, ^omran-
had any autoritie in the Sea it felf, whereby hee might ""^^^' ^Jnn^'
challenge a Dominion to himfclf as Governor or Comt 161 2.
mander in Chief; which may bee faid in like manner
of all the Admirals of the Belgtck and the neighboring
Ihore on this fide, and of the Cantabrian or Sfayiijh fhore
on the other fide : For, the autoritie of them all , fo
far as concern's this particular, hath been and is alike.
Wee know indeed, that this dignitie was wont to bee loHen.s'.
a^ltd Admiral of VrsLncc^ and Governor oftheRoial Navie, /^«1518. 4
as the fame Dignitie among the Englifh was ufually pfandfc"^
called in the fame manner, Admiral of Enghndj and Go* frimo. Rot.
a^ernorof the'^oial Navie, in'feveral Leagues that have ^^/^'^'^J^^,-
been made betwixt the Enghfh and French : But it is %egiscum
clear by what hath been fhewn, that they bare the OC ^f°^^'^^^^'
Tt z fice *
5 JO Book II. Of the Dominion^ or,
ficc or Dignicie called by the fame name upon a different
accompt J And the Qualitie of a Dignitic is to bee va.
lued by the nature of the Charge, not by the bare name
or title. And let io much fery to bee fpoken touching
the dtk&. of antient Teftimonies , and the Nature or
Qualitie of the Government.
But now as to what concern's the moft ample and
entire Command of the Enghflifor very many Ages,
and the comparing of it with thofc (evcral Govern-
ments heretofore on the oppoCtc fhorc 5 it is moft
certain, tha: there was almoft from the very begin-
ning of the very fir ft Times of the En^lifh-Saxons one
entire Empire throughout England, and lo on the whole
(hore which lie's over againft Germanie , Yrance , and
that pare o( Spain, called Bifcay, and this alio in the
time of that Hepiarchie which is mentioned by Wri-
ters ; For, there was alwaies fom one perlon who had
moft power therem, and to whom the reft yielded obc.
' HWEcdef. dience, as wee are told by*" ^eda. And touching that
i.2.cap. '^.& particular there is a notable Tcftimonie in Alcumus^
ril"' where by realon of the Quarrels betwixt Ofa King of
97* the Mercians J that is indeed, of the moft large, and in a
_ manner the moft midland part of the Heptarchie , and
fudG.Maimf' Charls (firnamed the Great) King of Vrance, Navigation
bur. degeftif ^^s fo * prohibited on both fidcs,that T rade was whol-
'y^.&^nter^' ly obftrud^cd ,• which truly cannot bee conceived,unle(s
Epfi.Aicuiii thcfe large Territories near the Sea had been under the
e^Ui^fa.1^669 DowiinioD of Ojfa J yea, the Infcription whereby Offa
^Btmmingus was wont to fct forth his Roial Title, was often cx-
EMm-' P^^^ ^^^^^ ^^^^ manner^ ^ OfFa, hythe Grace of God^
gorn. /«Bib> ^mg of the Mercians , and alfo of the T^ations round a-
hotheca y^^^ g^^ ^j^^^ ^j^^ ^^^^ ^f Yqhert OX the 800 year of
/(ji.44 A. & our Lord, there is a continued Catalogue plain enough
150. c^c. Qf jJ^qJ^ Kings whether Englijh-Saxons^ or Danes ^ who
(unlefsi
OT»ner/hipoftheSea.CHAi?.XVllL jjl
(unlefs you fondly except Edmundtht Anglo-Saxon, and
Canutus the Dane , by whom the Kingdom was for
fom little lime divided) did Reign without any other
fharer in the Dominion upon this fliore. No wondet
then thac the Kings of England beeing entire and abfo-
lucc Lords in command of Co ample a fhote , for fo
many Ages, did alfo take fpecial care to retein the Do-
minion of the Sea lying before it, as an Appendant of
the Ifland j elpcdally feeing they not oncly had to
long and large a command likewifc on the (hore over
againft us, but alfo there were not any of their neigh-
bors that could in any wile hinder it , except (iich as
poflcffed fom pettie Countries bordering on the Se*
(which truly may bee fo called , beeing compared to
the fpacious fhore of the Englifli Empire ) and thofc
alfo that were under diftin(5t Jurifdi(5tions.
Thefummeof all this is, feeing that about the be-
ginning of our great Grand- Father's daics, there was
onely a very fmall fhore conteined within the bounds
of the French Kingdom, and the Lords of the Mari-
tim Provinces , by the addition whereof that King-
dom (as wee have alreadie (hewn ) was afterwards
enlarged , did not fo much as pretend any Right to
the Dominion of the Neighboring Sea , upon the in-
tcreft of thofe Provinces ; and feeing no Teflirao-
nie can bee had in the Monuments of antient Wri-
ters concerning fuch a kinde of Dominion, but that
very many are found touching the Sea-Dominion of
the Kings of En^land^ they having continually poflef-
fcd vhe whole Englifh fhore in its full latitude undef
one entire Empire for above a thoufand years, and
concerning the p^petual enjoimcnt of the Sea, as art
Appendant of the Kingdom ; Therefore it follow's^
Ttj that
l]i Book II. Of the Dominion, or,
that their Right is very manifcft in this particular, and
io that the Sea it fclf is a Province under the tuition or
protedion of the Admiral of England, as part of the
Kingdom; but that the Admirals of the fliorc lying
over againft us are not in rcafon to bee called Gover-
nors ot the Sea , in fuch a fenf as may fignifie any
Dominion of a Commander in Chief in the Sea
it felf, out of the Ports or other In-lets of thatkinde.
For which caul alfo it was, that fom Ages fince ve-
ry many of the Neighbor-Nations underftanding
well enough the Right of England , made their Com-
plaint in exprefs tearms againft T{eymr Gmihald Ad-
miral of the King of France^ becauf that /' Office del Ad-
miralte en la mier d' Engleterre per Commiflion k <^y ds
France tourcemufment ¥mprifl <(sr ufa un an ^ plux^ &cc.
1 hat is , becauf hee had arrogated to h'mfelf and for the
f^ace of a year exercifed the Office of Admiraltk , by the
K^ng of France his Commif^ion in the Englijh Sea. The
old Records from whence this is taken, arc fet down
entire by and by ; where you have more alfo that
rnake to the fame purpofe. And (o much may ferv
to bee (pokcn touching the Guard or Government of
the Englifh Sea , as a part of the King's Territorie
or Province and Patrimonic of the Crown.
Thai
A
OtPnerJhipoftheSea. Chap.XIX, jjj
> -
^yt in the Dominion of thofe Iflands ly^
ing before the fhore of France , ti^htch
hath ever been enjoied by the Kipgi of
England, it appeafs that the fojfefsion
of the Sea wherein they are fituate, U
derived from their T^redecejfors.
Chap. XIX.
THat a Poflcfsion and Dominiod of this South-
ern Sea, hath b^cn held alfo of old by the Kings
of &?glaid, IS not a litclc aianifeft by the Domi"
nion of choie Iflands that lie before the fhore of
Vrance. l-or, ris generally known , that after King
John and Htm^e the third were driven out of T^lorman-
dk it (elf, 'hat the Ifles dnjaria and Samk C which wee
call g(Ctfet>, and <&m^Vi) %\XCtm^y and fom
othei Neighboring iiles lying near the ihorcs eS/Kor-
mandie and Bretaiffi, yea and fituated within that Creek ^ Rot. cUuf,
of bea which is made by the (hote of "Bretaifft on the lj^^f[
one fide, and that of TSlo^mandie ontheothsr^ have in part.j.Pau
the following Ages, ^both now and heretofore, xt- l^^^i'^'^
fnained in tne Dono'nion of Englani. But by the (en- 5.
tencepafled a^amft K jFoiw, as Duke of Normandie^Sor '>-s«f*^-
the rourcher ef his Nephew Jrthur, the French Would Ubus jquit^^
have him deprived of all the Right heehad toNorman- ^^^yfart.^.
dte. And afterwards \Henrie the third refigned his ^xdlrm'
Right to Normandie. But fuppolc wee grant what is ^c. Ms. in
commonly received, that thefc Iflands were of the fj^JJ^f/'
354- Book II. Of the Dominion^ oty
i^ormaji Jurifdidion, or belonging to the Dutchic
of ]>^omiandie ; yet truly even fo , they neither could
bee taken away by the fentence, nor did they fall
to the French by Rcfignation , forafmuch as the pof-
fefsion of the Sea, and fo of the Iflands placed
therein , was ftill reteined 5 after the fame manner
almofl: as iiianie Priories were in England it felf who
though they were belonging to the tiorman Go-
vernment in Church-matters , yet even as they were
of the Government of i^ormmdie , they ever remain'd
under the Dominion of England , as long as the Pri-
vileges of Monafteries were in force among the £«-
^i[h'^ as beeing fituatc within the undoubted bounds
of the E«g///7; Empire. Nor is it cafily underftood
wherefore the Iflands could have been fb reteined,
unlcfs they alfo had been featcd within the bounds of
the En^ip? Empire in the Sea,
But the thing chiefly to bee confider'd here i$^
that vcrie manic Foreign Nations, as well as the
Eftates of England^ did in a Libel or Bill of Com-
plaint publickly exhibited in the time of King Edward
theFirft, and King Philip the Fair, before a Court
of Delegates (pecially in that behalf by them ap-
pointed , in exprefs terms acknowledg that the King
of England hath ever been Lord not onely of this
Sea, but alfo of the Iflands placed therein, par raifon
du ^ialme S Angleterre , upon the account of the T^alm
of England or as they Ti^ere IQngs of England» Which
truly is all one , as in moft exprefs terms to afcribe
this whole Sea unto them, as far as the Shores or Ports
lying over againft us. But concerning that Libel, I
fliall add more by and by. Nor is it to bee omitted,
that the addition of a Shore, larger than that of Pi-
cardiiy to the Kingdom of France, hapned firft at
that
.ttfc«
Omerjhip of the Sea. Cha p.XIX. 555
chat time , wherein chore Iflcs were fo rctciaed by
the En^'tll-} after they were outed of Nomandie:
For before, the Shores of ^quitain , Bretat^ , and
Normanlie , were in the pofTefsion of other Princes,
that of Jquitain and TSlormandie beeing poffeft by the
Englip , and that of Bretatgn by the Duke or Earl
of chat Countric : So that the French King had nei-
ther any fliore almoft/nor any confiderable ufeof
Sea affairs at that timcj by which means alfo the
EngUp? did with the more eafe retain the aforefaid
ancient poflefsion of the Sea and the Ifles^ after they
were deprived of the Norman Dutchie. And this
fufficicntly appear's alfo by that Sea-Fight perform'd
between the French Fleet (commanded by EuJlacUus
the Monk , in the time of Philip Jugitjlm King of
France ) and the Englijh Fleet under the Command
of Philip de Alhenk Governor of the aforefaid Iflands,
and Jolm Marjhal ^ who both carefully guarded the
piflages of the Sea, in the beginning of the Reign
of Herfit the Third. That is to fay, a Frfwc^ Fleet of
about 80 Sail was defigned to tranfport Auxiliaric
Forces out of France for Lewis (afterwards the Eight
of that name that was King of France) who through
the Treafon of fbm Confpiracors , made War upon
the Englijh King in England. This of the French was
availed by an Emli^ Fleet of 40 Sail. But ' %er of Bibu^'thc!
WendoVer and Matthew Tarts tell us , that part of the ^^ ^ottoni-
Frcnch , Tbfco had not been ufed to Sea-Fight ^ "Uxh in a
Jhort time Ti?holIy defeated. Obfcrv here, they fay that
hitherto the Frettch were not accuftomed to Fights
by Sea. But of the Englifh they fay , the Englifli be-
ing ^arllck and skill'd in Sea-Fight galled them Ttfith
Darts and Arrows, ran them through Mth their Lances ^
did execution Vith their Swords ^ fank their Ships ^ and
Vv blinded "' *
^^6 Book II. Of the Dominion, or>
blinded them fifith Lime (which they did by throwing
the Powder of Lime into the Aer, fo it might
bee driven by the winde into the Frenchmen's eies)
They Tl^ere deprived alfo of all hope of relief and fuccor^ and
hiow not T^hich Ti^ay to ftie. The EngUjh at that time
time becing expert in Sca-Fight , did by this means
make good the poflefsion of their Sea , and the Iflcs
aUb that are fituate therein : For, even this Fight re-
is Matth. Ta- \^iq*s to'thc fecond year ofHenrie * the Third^or the year
EdftXon-* of our Lord MCCXvIIl , that is, at the fame time
din. almoft when the Englifh were firft deprived of Nor*
]r^'omm!^' »fdw&. But as to that which is commonly faid, that
Juris Anglic. the(e iflands firft belonged to the Englifh Norw^w^ right,
^c^r'-^^aCu ^^ ^y ^^^ "S^^ of the Dutchie ofNormandie, it is as
fol.io.&2i' cafily denied as affirmed by any. Nor is there any
Cuii.cam''^ Weight in this Rcaion, that bccauf thofc Iflands have
Br^it fag, and ever had certain Cuftoms like the Norman,
855.Aliij therefore they do belong to Islormandie : For, the
mitdwr^' T^orman Cuftoms are often ufcd in England^ as the
indiplio- T^man are fomtimes by other Nations j yet cverie
matum ah- ^^^ know's this can bee no ground for fuch an
quot recen- wt • • i r
tiorumpro- Argument. Nor is it any more to the purpoie,
cemiisjvelu- ^^^^ jj^^^ Iflauds Were within the Diocefs of the
j.eiifabetba BiOiop of Conjlunces in Normandie, until that in our
R.faru3. Grand -father's dales they became fubjcdt to the Bi^
Carteret/ ftop of ^ WincheBer. Their ^cclefiaflick Govern-
KotM2. ment was a long time derived out of Normandie ^
i9°&\ 9!^^' W"^ ^^^^ convenience indeed bccauf of the near-
Jacobifart. nefs of thc place ; which began , as it is to bee (up-
iXalum pofed, in thofe daics when thc Englijh DofTefTcdthc
privilegiis. Shores on both fides ; But it doth not follow thence,
F^i^f^EU' **' '^^^^ IttsLnds belong d to the Dutchie of Nor-
fabetba.R, mandie , any more then that the many Priories hcrc-
ffru%,m cofore in Br^md^ who were of foreign Jurifdidti-
^^'' on
OxvnerJhipoftbeSea. Chap. XIX. j?^
on in Ecclcfiaftical matters , did therefore belong to
the Dominion of foreign Piinccs , and not to that
of the Engltih Kings ^ as Kings oi England, That is
every joe as weak alio which they uie to allege
about the Gorman Languages beeing in u(c among
the Inhabitants of thole lllands. The people of
Qornwal in Englmd have alwaies ufed the Welch
longue, a: leaft with a little alteration in the Dia-
lect, as chc Bretahns do aUo in France - In like man-
ner the Inhabitants of the I[le of him ufe the Irljh
Ton2;ue. 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 arc fubje6l
to their Princes by any right of z\\^ Welch Principalide.
Wee know indeed , that fomtimes flight mention is
rmde not onely in the proems of (om Charters of later
times, but alfo in feveral antient Petitions of the
Iflmders, that thofe Iflands belong'd heretofore to
the Dutchie of Normandie , and upon that account
were held by the Kings of England : But yet wee
know as well , that thoic Provinces which in An-
cient time were derived by Inheritance to our Kings
in Frmce (of which kinde truly thefe iflands are to
bee reckon'd , if they were held as pares ofNormandte)
were alwaies permitced fo to ufe their own Cuftoms
and antient Forms of Juiifdidion , chat they were nor
at all fubjc(5l to the ^ ordinarie Jurifdidtion of the ^ viden-
Courts of Enqhnd. The fame privilege was ever p^^^j^^Jc*
allowed likewilc to the people oi Jqmtam^ Jnjou , 2o.i.fiac,i9.
Nonnaudie ^ and others. Yea, and fom Ages fince,
the Kings of England were pleafed to order^chac fuch
Controverfiies as hapned there fhould not bee decided
in any ocher place out of the iflands , but in their
own Courts of Judicature: whereas notwithflanding
V V 2 K
•/yH'>
5^8 Book II. Of the Vominion, or,
it is moft certain, chit in the Reigns of Edward
i Kot.pUcit. the ' Second and ^ Third ( times which without
Edf&Kl' ^^"^^ ^^^^ g^°^ featch into that Right , whereby
Pat.i^.Ei/ thofc Iflands were atinexed to the Patrimonic of the
2 fart. I. Kings of England) there were Ju^ices Itinerant, th2t
^m ran. .^^ officcrs creatcd of old , who were often by or-
kM/Vfo.5. dinarie right to take cognifance elpecially of the more
V%l'mam heinous crimes through all the Counties of England-^
'Kege, & alfo of liich Rights and Privileges of the Crown as
Micb.6.EJ. ^^j.g uforp't and arrogdted by any , and of other
coram liege, matters \6i thc molt part that are Ulually brought into
penes Ca- Courcs of Tufticc , who bceinp * fomtimes alfo cal-
s'caccarii, Icd Ju]liti<t err antes ^ ^VlSAZtStttHXity were wont to
2.£^.^fJ.5. bee fent forch into thofe Iflands as well as into thc
ifin.rmpre Couuties of England-^ though the Inhabitants did
^d^3.foi. indeed exclaim, and fomtimes preferred their Pcij|i-
\^jo%are(' ^^^ againft this kindc of Jurildidioti. But yet it
burienfts, is moft ccrtaln that the opinion of thofe very Of-
'ridi'^'^ifb^' ficers (who were themfclvs learned in the Law)
5.f^p. 15. e^ then was, that thofe Coramiffions whereby they
"^- were fo inabled to adminifter Juftice in thofc iflands
were not ondy grounded upon Law (which was
the opinion alfo of thofc who ruled at that time in this
Nation) but alfo that the very Provinces of the Iflands
were lb incorporated one with another, as they arc
all with England , throughout the extent of that Sc?
which lies between, after the manner of our Englip
, Cuftom in the Provinces or Countries , that, a Caul
beeing fomtimes inlarged , they might appoint dales
of Appearance to any Inhabitants of tholeifl^ands, in
the/^'wgV ''Bench m^ngldni, as well as to thc Inha-
bitants of any one of thc Ifles in the other, after
the fame manner as is ufed within England it felf :
\^hich appear's by the Commifsion of John de
Ovonerjhipof theSea. Chap. XIX. 559
^CfttD^btttSl) and his Fellow-Juftices in the time of ^
" Ei/tf'^r^ the Third, and * others of that Age. But it was ei^Mu
never heard, I fuppofe, that upon fnch an inlarge- 1^3- ^ram
ment, a time of Appearance might by our Comnnon ^M^ch.rows.
Law bee appointed in any other place but that which & s.Ed.:^,
is of the fame Turifdi(5lion (^as conteined within the ^fr!;.'"!c.
/* 1 lull citatiSy ioi.
Pacrimonie of the Crown) whereto alfo that place be- coram Rege,
long's out of which any one is fo adjourned. Nor do P^"5«^^-
I remember , that any fuch thing was ever (b much as Scaccarii
attempted in thofe Provinces, which were not reckoned " ^ot-^^^cit.
in the Patrimonie of the Ewg///7; Empire j yctpolTcffed Ed.lnt'.^o.
upoii another Title by the King of England j as the '« M<^ ^ «"
Dutchies of Anjou^ Normandie , Aqukain^ and the like, a/nenfi?""
Moreover alfo, in the mote antient Charters of fom
of our Kings , in confirmation of the ° Privileges of ^Efspm^'
Iflanders, they are noted more than once for fuch Privi- ubi infpcxi-
leges as they or their Ancejlors or Tredecejjors haVe enjokd "^".V'^^'"
Under the obedience of any of our Progenitors heeing Kjngs of
England. Surely , if it had been then believed , that
thofe Iflands were a part of the Dutchie of TSlormandie^
it is not to bee doubted but they had added alfo or Duhs
of Normandie , which wee finde truly in fom Charters
off later time, yet fo that in thefe al(o thofe Ifles ^.^^coi/''*^'
arc laid in exprefs terms, and that upon verie good fan.ip,
ground, to bee retained in fealtie and obedience to our Crown
of England. But, in the time of Edward the Third, the
Iflanders petitioning the King in Parlament fox their
Privileges and Cuftom's which had been cftablifhed
time out of minde , annexed the Cuftoms of fom
of the Iflands, among which are thefe ; hcr[\,that
no man ought to bee quejlioned about his Freehold^ after bee
hath quietly enjoied it ayear and a day , unlefs it bee by Writ
taken out of the Chancer ie of our Lord the King , makir^
j^ecial mention both of the Tenement it /elf and oftfye Tenant.
^o Boole IL 0/ the Dominion, or,
Icetn, That they [haB not bee futto Anjwer before tU\\in^s
JuUkes of Afsije , until they firft gfve them Copies of their
Commifsions ofjifsife under their Seals, Item, that the Jt\hi£s
JnUices afsignedby Commifsion for the holding of A fufe^ ought
not to hold 'fleas here longer than the Ipace of three "^eeks.
Truly, theft ancient Cuftoms fecm foto rclifh^as if thole
Iflinds had been fubjeA to our Kings 6c their orciinaric
Jurifdi6tion,by the right of Englifh Empire, not by the
TSLorman^^ although the Iflanders infinuate alfo in the
fanne Peticions, chat they were a part of iheNeighbo-
r:ng Province of Normandie. Add hereto aUo , chat
the J fie of Serk was granted by Queen ^ Elifdith to
jEiiffari^ HereliedeQarteret, to bee held /w Capire by him and his
heirs J that is (o fay, as a Feud belonging to the patri-
monie of the Crown of England j notwithftanding that
it bee unawares, or cUcarclcfly adnnittedin the Char-
ter of this Grant, to oec within the Durchic of Kor^
mandie. But in the Treacie held at Chartres^ when Edwari
.rfoQ.iraU the third renounced his claini to Normandie] and fom
fmgbam.Ari' othcr Couutrics of France that border'd upon the Sea,
J:u\^Ed. 3. it was added , that no controverfie fliould remain tou-
'Fxder. chiDg the iGauds, but that hee fliould hold all lllands
^c4arcm& whatfoever which hce pofrcffed at that time , vvhe*
Hen.^. & thcr they lay before thofc Countries that bee held, or
^T'^^Vz-r? ^" Others; For, reafon required this to maintain the
inter hlijab* . I . ' xr i ^r
R.&Ordines Dominion by Sea. Yea, both yer/^)' , and Cernfey ^ as
t^^^^r^^f<^^ alfo the [fles of Wight ^nd Man are faid in divers Trea-
rum aanr- tics held betwixcthc Kings of England and other Prin-
Rhr^il"'^ ces, to belong unto the Kingdom of England , and to lie
Cotcouia- ^ ^^^f the Kingdom of England. Thcfe ifles alfo were
»a. granted heretofore by King ' Henrie the fift to his bro-
j,y^ ,'^^„. chcr John Duke of '^Bedford , T^ithout any recogmtion to
MembraTj.6. heenude untoUs or Our Heirs , notwithflandmg any Trtro»
"vZb%. ""cS^^^'^^ ^f ^'^^ Crown for any other Tenure held ffUs out of
the
Ownerfhip of the Sea. Chap.XIX. 341
the /aid I/l^nds^ y^hkhmay in any Tibi/e belong unto the /aid
Iflandf, Cajlks, or Dominions, Which words feem not ia
the leaft meafurc to admit any Right of the Dutchie.
Perhaps alCo that anticnt cuftom was as a token or pledg
of the Sea's Dominion beeing conjoin'd with that of
the Ifles, whereby all the Ftp (as it is in the Records
of "^ Edward the third) taken by the Fijhermen of our IJles '^T^uFini-
cf dsernefep, 3lecfep, ^erft , and Zrxcmt^^ in «'«>3i e^.5.
theSea^ between taftcr 4wt/ Michaelmas , is according to ^''^*'''"*-^^^
the Cujlom of thofe places acknowledged to belong unto lis at n
reafonable rate to bee paid therefore^ and that the faid Ftfher-
men are bound tocarrte all the Fijh by them taken between the
Ximes af ore faid ^ unto certain places in thofe Jfles appointed ,
that the Officers under our Governor of the aforefaid IjleSy
9nay take thence for our ufe, atl^hat price they fhall think fit
and reafonable. Nor is that to bee flighted, which wee
finde in the Chronicles of the Abbie or Monaflcric of
Teuxburie^ concerning Henrie^'BeauchampDuktotWar"
Ttfickf who was inverted by Henrie the fixt with the Ti-
tle and Dignitic of King, not onely of the ifle o^Wight
but alto of Gemefey , and Jerfey , whereonto the other
Ifles in this Trad do in a civil fcnf belong. The fame
thing is recorded of the Ifle of Wi^n by that Learned
man ^ William Camdeuy and that out of the fame Book. */« Britann,
The^^ Book it felf fpeak's after this manner; 'But the f^g-Joo-«^
noble Lord Henrie Duke of Warwick . and fir ft Earl ofEng- y ms. in
land. Lord %Z SDtfpeufeC , md de %\MZZ\^tW^^'f'^''''^^'^
I{ing o/rfe //Ze;o/^OTiSl)t,and(|5atllfei?,and3|a«&- ni
it^y LordalfooftheCaftle o/'Briftol, y^ith the appurtenan»
ces thereunto belonging , died 3 Idus Junii ^ Anno Doai.
1 446. in the twentie fecond year of his Jge , at the Cajlk «/
Hanley, and Ipos buried in the middle of the Qjiire at Teux-
burie. And a little before ic is faid of the fame man,
that hee "^as Qrowmd K^mg of W&V^^ by the K^ngs own
hand
^^1 Book II. Of the Dominion, or,
hand, noexprefs mention beeing made in that place of
the other iflands, but they reckoned in the (ame condi-
tion with this, as they were part of the patrimonie of
the Kings of En^and. But it is not to bee believed,
that thofe Ifles which lie before the fhore of lS[orman-
die, had been fo turned into a Kingdom, though fub-
jeft to the Crown of Bigland , unlefs even they alfo
who made them a Kingdom , had conceived that they
poffeffed them before by a Title (uperior to that of the
Dutchie-^ that is to fay, by a Kingly Title. As King ||
'Richard the (econd, when hee had determined that Bo^
bertEsitl of Oxford {who alfo was Marquifs of Duhlin^
^thoiVaU ^"^ Dwkt oi Ireland) fhould bee crcaced ^ King of
Jtngbamin Ireland, queftionlefs did not doubt but that hee himfelf
^"^^- ^- in the mean time pofieffed that Ifland by no lels a Title
tag. 352. and Dignitie than of i{ing^ although the name of Lord
Edit. Lon- was wholly ufed there at that time ^ in ftcad ofI{ifi^^
zStatHUHi' ^s alfo until the latter end of the Reign of i^^wr/e the
i)ernic.:}^H. eight. So it is conceivcd upon good ground, that
'^*'* thofe Ifles, and the Sea lying about them did, though
they ufed different Cuftoms, conftituteone entire Bodie
of Empire with th€ Kingdom of England. Whcreunto
alfo that fpccial privilege of theirs doth relate, whereby
through the favor of the Kings of England , they cnjoie
the benefit of freedom from hoftilitie by Sea , though
there bee a Warron foot between the Neighbor-Nati-
b C4p. 22. •ens round about, but of this more ^hereafter. And
in their Court-Records which contain the Adis or De-
crees of the aforefaid Jujlkes Itinerant , wee very often
findc'Pfc^ of the Crown^yjvhkhphuCcis an Evidence of
dfinP''^^ ^^^ ^^%^^^ Government. Alfo, in ' their Trials, t^ ofc
Ed.2!jut.2i Forms \^In contempt of our Lord the /(/>g, his Crown and
f-^o&c. 'Digmtii] and [Our Lord the Kjng lt>as feifed of the afore,
'^yLon^ /ii^ Jdvoufen intimeoffem, as of his fee, and in T^ghtof
his
I
OivnerJhipoftheSea. Chap. XIX. ^^^
his Crown] and others not a few of that kinde wee meet
with which favor not of any Right of the Dutchie. ,
AdJ moieover, that the King of England fo held the
Right heretofore , not ondy of the ifles over againft
the fliore of KGrmandie , but of thofe alfo which are
oppofite to Jquitain (as a pledgor concomitant of his
pofTeision of that Sea, fo far as it belong'd to the pa-
trimonie of the Kingdom of England ) that though
our Henrie the third renounced his claim to no [mall
pare of Aciuitaln^ yet that I fle lying before it, called Ole-
I'on^ (no lefs famous in the Weft for ^ Naval Laws, aof which
than 7\Wfy was of old) hee granted to his eldefl: fon ^"t^emorein
Edward to bee held in time to com, as a perpetual Ap- fourth chip-
pendant of the En^ijh Crown; For, this Clauf was ter.
added to the Grant [^fo ^ thatthe [aid Iflemayalwaiesre- p^^^rT&c
main to the Crown of England, a?id m'Ver hee alienated from Us. amo
the fame,!, Alio in his Letters granted to chclnhabi- i'59-^^«^J
^ r^i 1 r- ] f wrr -ti • -r Camerarios
tants or Okron^ nee laith, \L'ee ^lU not many ^i^tfe fever Scaccaru.
you from the Crown of England, Som years before alfo, hee ^^°^'J^%u
in like manner made a Grant of ^ Gafcoign (or thofe parts lioth.Cot-
which lie upon the fhore of Acjuitaln near the Sea) to tonianajt/e
Prince Edward, upon condition it jhouU remain entirely and unkhfoT^'
for ever to the Crown of England. So without doubt his ^ Rot.Vafcon,
in:ent was, that both the Sea-Coafts , and this Ifle ^^^i,l\^'
fliould in a fpecial manner bee pofTeft by the faid Afattb.Pa-
Prince, but by no means bee disjoined from the Eng- ^^sr^nSy.
' t ^ \CU 1207.
lifh Empire, any more than the Sea its felf,which wafht Ediu Und,
their fhores. And although after awhile, both this^^°^^^^g"*>
and (bm other neighboring ifles, did many Ages fince, &cod^^t.
for divers rcafons, follow the fate of thofe French fhores ^^- </^ reb.
which lie next to them, yet in the mean time the Do- BibM.coh
minionof the 5ea remained entire, as it did before, to tonfoUe,
the Kings of England-^ a$ it iufficiendy appeal's by thofe
ether pailagcs which wee have fhewn.
X X Thi
^4.4- Book II. Of the Dominion^ or,
The dominion and pojjefsion of the Sea af^
feried on the behalf of the K^gs of Eng^
land, from that leav of prater-Naviga-
tion or paflfage which hath been ufuaU
]y either granted by them to Foreiners ,
or defired from them.
Chap. XX.
THofe things which . wee have hitherto alleged
concerning this poflcfsion and dominion , arc
confirmed by feveral Pafsports that have been ob-
teined from the Kings of Bg/^^,for leav to pafs through
this Sea j whereof wee have clear Teftirr onies in Re-
cords : that is to (ay, granted at the intreatie of Forein-
* Kot. Fran- ^rs. Our Hem'te the * fourth granted leav to Fenando
ci£,'^.Hen.^. H^fis dc Sarachiotie, a Spamard, to Jail freely from the ^ en
7^«[/' o/ London, through our Kingdoms , Dofninions , and J u*
rlfdiBion , to the Toivn of Rochei It is nianifcft, that
in this place our Dominions and JurifdiBion do relate to the
Sea flowing between. And when Charls the fixt King
of Frafice fent Ambaffadors to T{ohert the third King of
SeotSy to treat about the making of a League, they up-
on requeft made to the fame Henrie obteined Pafsports
b ihid. mem. for their fafe paflage par ton:^ ^ m:^ poVoirs , dejirois cr
'4- Seigniories^ parMer, (Csrpar Terre^ that is, t^;{OUSlb 3ll
places tmnet out i^oibet. Xertttojies^ ann IDo-
minions, as Mjeiibp^ea as bp HanD. There
are innumerable other Letters of Paispcic ( c2\kd Jafe
Cm-
Ori^nerjhip of the Sea. Chap. XX. jj,y
ConduBs) in the Records, cfpccially of Henr.ie the fift
and fixe, whereby fafc Port and Paffage was ufually
granted as Ttell by Sea as by Land and Riyers , that is to lay,
' throughout the whole Donninion of him that made
the Grant. And it is wor:hie of ob(etvation, that this
kinde of Letters were ufually fuperfcribed 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 notwithftanding wee finde no mention
at all of any fuch Commanders in thofc Pafsports of
that kinde which were granted heretofore by the Fnnch
King to the King of £«^W, when hee was tocrofi o-
ver into France, Letters of that kinde were given to
our Edwa'd the fecond by King Philip the Long , fuper-
fcribed oncly thus/ fhelip par la grace de Vieu^Eoy de France^ c Rot.cUuf,
A tou:^ mz^ Juftkiers, <sr fuhgtes jalut, Philip by the grace ^ ^ ^,^*
of God, f\tng of France - To our Judges and SubjeBs greet- dorfo.
mg. But the reafon is evident , why the K. of England
was wont to dired: 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 , becauf the
King of England had his Sea-Commanders throughout
this whole ^ea,as Lord of the fame, and therefore when,
hee crofl over, it was not reafonable that the French K.
fhould fecure him by Sea, it bceing within the bounds
ofthe&g/r/Z? Territorie: And yet the King of France
might perhaps have an Admiral at that time, but oncly
upon the fliore of ]S[ormandie and Ticardie ; For, that of
Aqultain^ Bretaign, and 'Rarbonm^ were not as yet added
to the pacrimonie of that Crown : And it was about
that time, or a litcle before, that they are placed, who arc
firft ranked in the Catalogue of the Admirals of Vrance.
But of later time it is true indeed, that in thofe Pafsports
Xx 1 or
2.
membr.j* in
1^6 Book IL OftheT)mmm,ov,
or Letters of fafe Condud, whi^h have been granted
d stiUii 6- even by the ^ French King, and other Priaces bordering
/•"'^ f u "P^^ ^'^^ ^*j Aimirds arc ufually napied in cxprefs terms
Franc, caf. among the Other kindcs of Roial Officers j to the end
dePadaiges that they to whom the Pafjports are granted, may bee
Conduk». Secured m every place and part of theii Dominion. But:
as touching the Englifh Command over fuch as pafs
or fail through theiy Sea, there are many other Argu-»
ments taken (as wee fhall flicw by and by) from the
rnanner of our King's pre(cribing limits to fuQh as
fail in this Sea ; as alio from thofe pafTages which wee
of th^is '^ ^^^^ * alreadie cited out of Records , concerning the
Book. Tributes or Cuftoms impoled by the Englifli upon
fuch as pafled through the Sea» And truly it is very
confidetable alfo, that the Kings both oi Denmark and
Sweden^ together with the Hanf Towns ^ very often and
carncflly begg'd of Queen Eltfahethjihzt they might have
free paffage through the Englifh Sea with Provifions
towards Spain^ during the Warr betwixt her and the
Spa?iiard. 1 know indeed that (iach a Licence was
denied them not onely inrefpedof the Dominion of
the Sea, but chiefly to prevent the conveying of Pro-
vifions to the Enemie. For which cauf alio divers
Ships belonging to the Hanf Towns laden with Corn,
were ^ taken by Enghfli men of Warr , in the very
fsojiinii, Srrcights of Lisbon , without the Sca-Territorie of
revedlra.^ ^jg/^w^, which wcnt by the ^ Scori/?? Sea , and the Weft
tio tunc tow s^rds Portugal -^ which was don doubtlefs that they
piTedita.^^" Jf^ight not prclume to ufe the EngUp? Sea, without the
g thuanus, leav of the Queen. But the Han/ Towns cried out therc-
Hifior.Lp'). ppon, that the Laws of Nations ^ Commerce, and
Leagues, were violated ; becauf their ihips were fota-
ktn by the ^nolijh oncly upon this account , that they
carried Provifions to the Enemie j that is, in a Territo-
rie.
Ovmerjhip of the Sea. Chap. XX. j'^7
rie, where the £?ig///7? did ndt itvche Icaft pretend to any
Dominion, And concerning this particular, there is^
notable Queftion controverted by Vety ^ Learned men^ hMberim
HotP far they that Are mteHemits, Or it^ould not bee called ene- Gentiiit.de
mies, 7my by the Law of ISlatms afford fHf flies unto an ene- Luv.zi. ''
mien But Ibm years before the taking of thefe fhips, Wp^«^^-
v\ hen the Hamburgers (^ho in the name alfo of the favlT.&^'
reft of the Hanf Towns y dcfired feav to*pafs through Hugo Grot.
this Sea to fortugal and Spain) were more than once %^p2- f^'
denied any kindeof libertie to tran(port either Corn or c^p.i. §'5.
Warhke neceflaries ^ they did -not at all fuggeft , that
their Petition at that time was grounded upon the Law
of Nations or CoiRmerce^ not that the Qufcen's denial
was contrarie to this kinde of LaW. Thit is to (ay,
they were by her firft * A n fwer enjoined to abftein from i 1 5 85 . As
tranfporting Arnns with other tC^arlike Ncceffarics and you may
Corn, hut ^(aich the Queen) in tranjj^orting other comrno- QaJ^'s
Sties ^ Tifee (hall not hinder you at aU, hut fhall Iptth all favour Dedaraci-
fermit the pnps of your SahjeEls to abide and paj^ after the dc- *^"' '^^^'
cuflomed manner^ that they may perform their Voiage, This Ait-
fwer they did notfeem to take amifs. But two years
after they fent into B^land Seidftian k j^0t3l)Ctt their
Ambaffador with Pctitionaric Letten, defiring that the
Exception in the Licence forftierly granted might bee
taken away, and a freedom to traniport dl kindes of
Merchandife permitted. Their Petition was denied
again, and this moreover added, That fuch as Jhould pre-
fume to dothcontrdrie, (hould for th Irhbldprefmiptionfujfer
the lofs of all their Omds and Merchandife fo carried againH
her Majeflies lolll and pteafure^ if they fell into the hands of
her Men of IVarr, or any other of her Majejhe's SubjeBs, Thus
they ever addreffed themfelvs by Petitions ; and the
Queen gave Anfwers according to her pleafure. They
did not fo much as pretend the Laws of Nations 01 of
Xx 1 Com*
^^8 Book II. 0/ the T^ominion, or.
Commerce, before that they underftood their (hips
were ieifedin another Sea, to wit, that of Portugal,
which they conceived free for thcmfelvs 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
thefe men who but fom years before, had humbly
Petitioned th# Queen of England^ more than once for
free paflage through the Englifh Sea : So that, that prin-
cipal point (as fom would have it) of the Law of Na-
tions, that relief ought not to bee 'conveyed to Ene-
mies by a Friend, was not onely the ground either of
the Hanf'Towiis Petition, or the Qtieeifs denial , but
her light of Dominion by Sea was concerned alfo,
which the Hanf-Towm well knew they fliould vio-
late, if they fhould pa(s the Queen s Seas without
her leav.
Hereunto for the fame reafon thofe particulars relate,
which wee finde concerning this matter in thofe points
that were to bee infifted on in the year MDXCVII.
by WitfeldtM^ ^ndSern'tcoyius, Ambaffadors from Chri-
fliern the fourth , King of Denmark , to the Queen of
k In the Re- England, ^ Wet yi^ere ( fay they) JiriSlly enjoined by our
cords of the /Qwg, to mediate Ti>ith her Majeflie^ that our Comtrie mm
Si^^Ter^ wdj bee permitted a freedom to tranj^ort Corn or frovifion
Co\m\ Li- towards Spain, eyen as '^ee haVe don formerly, and do mw
brarie. ^^^^^^ -^i^j^ ^// eameUmJ? dejire^ ejpecially fince it isfuppofed,
that the fame Licence of tranfporting Corn is granted fom-
times both to EngUp? and Dutch ; that our Qountrie^men may
not bee ufed in a Tioorf manner than your own SuhjeBs, and
that at leaU fom certain Jhips might in faVor of the Kings
Majejlie, have hay granted them once a year at leaH, during
the IVarr, to carrie Trovifions - and that '^ee may bee able
to certife the King our Ma/ler , how far tt^ee in this cafe
preyail»
Ovi^nerjhipof theSea. Chap. XX. 5^9
frtyalL But the Ambaffadors had this Anfwcr j that
the ^en cannot in reafon hie induced to cmferjt it Jhould
bee don as they de fired. And "Whereas you allege a /upjtofal,
that both Bnglijh and TSLetherlandm haVe Licence given
them fomtimes to tranjport Corn , Wee (to wit, the Chief
men of her Maj^ftie's Privie- Council, who gave the
Anfwcr) dare confidently affirm, that neVer any fuchmat^
tcT fifas granted by the, ^ecn^ nor "^ill p?ee ever incline to
grant the like J during the'^arr. If the Queen had not
in the opinion of the Danes, (as well as of the HanJ-
Towns before) been Soveraign of the Sea-Territorie,
through which they were to pafs, to what end then
was this (b earneft a Petition , and (b innperious an
Anfwer ? Here, in this often iterated Petition , no li-
bertie is pretended bcfides that which depended upon
the Queen's pleafure^ as Soveraign of thePaflage.
For thiscaufalfoitwas, thsit John King oi Sweden,
in that Letter of his fcnt to Queen 0i/^fcr/; in the year
1 587. wherein hec defired leav for Olavus Wormms 1
Swede, to carrie MerchandKc into Spain, acknow-
leged, that hcemuft of necefsicie Maritimas ^gina di-
tiones pertranfire , pafs through the Sea^Vominions of the,
^een, which are the very ^ words of the Letter. Nor iinShKo-
is icany new thing, that thiskindeof paflage fhouid bsrcCot-
bee denied to Foreiners: For, in very many of thofe l^^/ ^^"'
Pafs- ports that were granted to the Merchants of Neigh,
bor-Nations by £c/TbW the firft , during the warr be-
tween him and the French, this claufis ufually ad-
ded, "" upon condition^ that they neither conVeie nor cauf any "" ^ot.Tat.
thing to bee conVeied to the French partie ^ nor communicate rnsmb.\'. &
atiy thing at all to our Enefhies there in any manner "^hatfo- 25 Erf. i.
eVfr, as wee read it in ^he Records, where are many l^ratil^Tj
others of the fAme kinde. From hence it Is, rhac in the &c,
fame King's iaftru^tions, it is required, that his Sove-
raign-
:50 Book 11. Of the T>ominion, or,
raigntieby Sea bee preferved with cxtraordinaric care
and diligence, as belonging to him by antienc righCjas
Arbiter and Moderator of the Lavvs orCufl:oms,and
Pcrfons, of fuch as pafs therein. The words theoi-
nfa^ck. de felvs, which fignific the lamc, arcthefe, "" EJpedalmint
%11^^'^^An-^ ^ ^^^^^^^ ^ w^/«te«/r U Soyereignete qe fes amejtns 'l\oyes
gli£, in ^vce d* EngUtcne /oloyent avoir en la dite Mier d'Engleterre^ quant
Loiidincnii. ^ I'amendcment , declaration C^ interpretation ks lots per eux
faits a GoVerner toutes Maneres des gf^nt:^ P^jj-^^^K, P^^ ^^ ^^^^
mier, efpecfallj^to tetem, annmamtain tl)e fobe^
taistttiett)l)tct) ftis :ancefto?<stt)eBmgsof tng.
land tdere tbont to t)abe in tfte faiD fea fo fat as
concern s t^e amenoment. Declaration, ano mtet»
pjetation of tl)e HaiDS bp t!)em maoe to gobern
aU manner of Rational paatngtD^ousOtOefato
fea» Hcreuncoallo clongicn^cv^oinmiisiunot King
Johuj whereby hee required in very imperious terms,
that all kindes offliips whatloever which could bee
found throughout the Fnglidi Sea (it beeing exprcfTed
by the general name of the ^ca, as flowing round about)
fhould bee ftaid and bee bmught near his Ihorcs : For^
it hach been a Cuftom in all Ages, that the fhips of any
perfons whatfoever^ as well Strangers as Subjeds, may
fomtimes bee ftaid in the Ports. But it was King Johns
intent, that his whole Sea as well as the Ports themfclvs,
fhould bee plainly lignificd in this Commifsion. In
witnefs whereof I here fct down the Commi.sion it
oKot Tat.9 ^^^^' ^^^ °KtNG to all the Sturemanni and MarineBt and
Johann-R. Merchants of England that fail by Sea greeting» Bee it
^Z^^'''' ^' known untoyou that yi^ee have fent Alanm Juvo de^Ql'^^m
"''■^ ■ and Walter ^tattUn , ^ "^ Vincent de l^aftingS and Wi-
mund de 2Rl!ltnC|)elfep,^'?J others of our 'Barons of the Cmque-
Torts ^ and other our faithful Sturemanni , md Marinellt of
our Gallies, to arreH all [hips that they flmll finde^ and them
i
OvpnerJI)ip of the Sea. Chap.XX; 3yi
fifely to hring^ '^ith all that JhaO bee found in them , into
England, ^nd therefore ^te command you ^ that yee bee
attending upon them in this hufiruf^^ fo that yee bee in Eng-
land flfith all your Ships and Merchandifes at Juch Tort and
Qoajl as they pall appoint you. And if any fhall attempt
to refijl them contrarie to our command ^ you, our Liege men^
are required to ajsijl them tipith all your Jlrength , as yoH
under your fehs and your chattels, and peace and rejidence
in cur Land for you or any of your Generation» Witnefs here^
unto William jBjtU)? at ^tttegaV, the eight daie ofPe-
Iruarie» Theie Sturemanni here do fignifie Sea-Cap-
rains, andiV/^ri^ie/ZiSea-fouldicrs. Buc to command
that all fliips fhculd bee arreUed throughout the Sea,
tha: is, ftaid or taken , and brought mo England^
what elf was it but undoubtedly to declare himfelf
Lord of the Sea through which they parted^ Now
lee no man objed, that this Commifsion extended
onely to the Ships of Englijh men, or of the Sub-
jedVsof himthat gave the Commifsion. It is true
indeed, that the Commifsion before cited, was ftnt •
and directed onely to the Sea-Captains, Men of Warr,
and Merchants of England -, But yet it is roanifeft
thereby, that the four perfons there named, and others
Barons of the Cinque- Ports, and the reft that are ad-
ded, were obliged by the aforefaid Commands to
arrefi all the JJnps that they fliould finie throughout the
Sea , and bring them fafely into England , ti^ith all that
jhould bee found in them. But this part of the Com-
mifsion was added ( as it plainly appear's) that no
Englifli Sea-Caprain, or Souldier, or Merchant what-
foever, might bee wanting in their afsiftancc , iti •
flaying the fhips of Foreincrs 5 If ante one (hall at-
tempt to refijl them contrarie to our cofnmand^you,our Liege-
Y y mn^
g5i BookIL Of the Dominion, or,
men are required to ajsifl them Ti^ith all your ^ <(rc. Our
Uegi^menm this place, or they that ought to give afsi-
ftancc in making ftay of fhips , arc all the Sea^mcn
and Merchants of England that fail up and down
throughout this Sea; They therefore whofc fhips
wcrcto bee (laid, did not com under the name of
Liege-mcn , or Subjedts 5 and that it fo appear's to bee
by the very Form of this Commifsion , that there
need's not any thing more bee added touching this
matter, I fuppofe no man will doubt , who takes ic
into his more fcrious confideration. Nor do the
words make mention of the fhips of Enemief, but of
any whatfoever ; as beeing deliver'd by a Soveraign
Prince, who was concerned at that time, for his own
occafion, and at difcrction , toufe not onely his own
Sca-Territorie, but alio the fhips failing thercin^as well
asthofc that were in Port.
Wee finde a Commifsion of the like nature, and
which fpeak's to the fame purpofe, in the time of
' King Edward the third, wherein Command is given to
make ftay of all fhips of ten Tuns and upward, that
fhould bee fout\d in the South and Weftern Sea { ex-
cept fom that Were newly defigncd to crofs over into
*^retatgn) that they might bee arm'd and fct forth in
the King's icrvice. The Title of this Commifsion \s,
DeNaVibus arreflandii ^ capimdis ^ 5F0? tiXttViiVi^ 3111)
feeing of (JipS* The Form of it run's thus; The
KING to his beloved Thomas de WlttAtik his Serjeant at
Ai-ms^ Lieutenant of our beloved and trujlie Reginald de CtA*
I^WXly admiral of our Fleet of fhifs from the mouth of the
^Ver Thames towards the Wejltrn farts y greeting, ^eeit
known unto you, that Ti^ee haVe appoi?ited youytfith allthe Jpeed
that fmy tee ufed by you, and fuch asJhaS bee deputed by
yoH^
Ovpnerjhipof tbeSea. Chap. XX. j5j
piij to arrefi and fel^ all JJ^ipSjFUe -Boats, ''Bzrks^ and Bar-
m of tat Tuns burthen and upward^ ^hkh may happen to bee
faundinthe afore/aid Jdmiraltie, (that is , in the ^ea reach-
ing from the Thames mouth coward the South and
WellJ and to cauf the flie-'Boats^ Barks and barges afore-
faid. to hee T»ell and Jufficiently arm'd and provided for the
IVarr^ by the MaHers and o'^ners of the fame, and to bring
them Jpeidtly fo provided and arm'd to Sandwich, except one-
ly the JJ?tps that are order d for the paffage of our beloved
and truWte Thomas de 2E)SSttM)?tt) and his men that are
hound fsr ^'Bretaign^fo that you bee readie there in your own per-
fon^ together Vith the Ships ^ FUe-'^oats^ !Barks, and Bar-
ges aforefaid, fo Ti^ell provided and fitted for the loarr, up-
on the Saturday ?text before the FeaH of the JpoTiles Simon
and Jude, next enfuing at the farthejl, to go thence upon
our Qommand , accordmg to juch direSlion as [})aU then en
our part beegiven , to the Mafiers and Mariners of the
afore/aid Ships , FUe-'^oats , Barks , and 'Barges , and
to take fufficient TroVifion for the enabling of you to do the
premijes, in fuch places as you fhall fee mosl convenient (ex^
cept onely Onrch-Land ) you making due paiment for the
fame j and al/o to fei;^ and arrefl all th^ xhat you fhaU
finde to oppofe or refijl you in the execution of the premijes,
and than to commit into our Trifons , there to abide till Ti?ee
JJ?all think fit to take farther order , &c. All Officers
alfo in the faid Admiraltie are comniandcd to yield
obedience and afsiftance upon the fame occafion.
The ufual fubfcription in that Age fhewing the Ori-
ginal Autoricie of t e Commifsion was, ©p t|)f
Bins fttmfelf anD t)is Council But that the
atoelaid Sea ic lelf was conteibed under the name
of the Admiraltie, is clearly manifcft by what wee
nave alrcadie (hewn you. And King Eiiwjrd the
Yy 2 third
^54- Book il. Of the Dominion, or,
third ufcd his anticnt Right, as other Kings o( En^.
land did atfo therein , as well as in the Ports them-
ftlvs , or Shores of England (for, there are innume-
rable examples of the ftaying of all Ships what-
foeever, by the King's Command in Port or Shore.)
But that which hath been alleged about the ftaying
of Ships , and Lifting them for the King's Service
you are alwaies to undcrftand it was fo don accor-
ding to cquitie , that competent Pay was to bee al- j
lowed them anfwcrable to the proportion of Tuns , 1
and al(b to the number of Sea-men , that were io *
taken into emploiment. Touching which particular,
p Rot. Par. there arc fivcral Tcftimonies alfo to bee found in
3 Hen.par. jf^g p Rccords of Parlament.
3>»
That
OKPnefJhipo/theSea. Chap. XXL jyy
T'hat Licence hath been ufually granted
to Foreiners, by the Kings of England ,
to fifli in the Sea ^ Jljo^ that the ProtecT:i-
on given to Fiflier-nien by them^ as in
their own TTerritorie ^ is an antient and
manifejl Evidence of their T)ominion by
Sea,
Chap. XXI.
AS a freedom of paflage, fo alfo wee finde that a li-
bertieof Fifhing hath been obteined by Petition
from the Kings of England. There is a clear Te-
ftimoniehereofin that which was alleged ^ before out *Caf.XK
of the Records of Parlament , concerning thofe Tri-
butes or Cuftofns that were impolcd in the time of
Eichard the Second, upon all pcrfons whatfoevcr that
ufcd Fifhing in the Sea. Moreover , it appit's by Re-
cords, that Hewr/e the Sixt gave Icav particularly to the
French and very many other Foreiners, ^ for one Ti?hole ^^t. Fran-
year onely (fomtimesfor fix Months) Ore. togpandfip? 's'^ Mm^Tn.
throughout the Sea at aU times and as often <(src. But this Icav 9-^ h-
was granted under the name even of a Paffport or (afe
condud ; yea, and a fize or profportion was prefcribed
to their Fifhing.boats or '^BuJJes, that they fhould not
bee above XXX Tuns. And it is true indeed , there
was a kindc of confideration or condition added, that
(bm others , who were (ubjedts of the King of England,
might in ^fhing enjoy the fame lecuritie with Fo-
reiners : Which was for this cauf onely put into
the Licence, thit if the Foreiners did diflurb or mo-
Y y 3 left
^56 Book 11. Of the Dominion, or,
left them, they (hould lofc the benefit of their Licence.
The words of that confideration or condition, in the
beginning of thofe Licences, run after this manner ;
To the end that the hufinefs of the Herring fijlnng and of
other Fip? , way bee advanced , continued , and mainteined
for the puhlick good^ yea and that the like fecuritie may bee
yielded and ajjorded to Jom certain Ftfher men under our obe-
dience. I luppofethat thofecerrain FiflicMT^n uncer
our Obedience were ah'b iVtFrench, who at thattirre
continued in fubjc^ion to the En^ijh 5 whereas aim oft
all in f ranee y except the S'hore ot f^ic^r^ , had newly
revolted from the King of England • That is to fay, ac
the latter end of the reign of Henrie the Sixt. But
that which wee finde cither here touching equal fe-
curitie , or in other places fomtimcs alfo, about the
giving of (afe conduiSt even to the Fifhermcn of Eng-
landy by Licence granted, cither to French ^ or Flemings , or
^retaigns '^ihsit ufually hapncd when the heat of War was
over 8c a Ccflation agreed on to treat of Peace or Amitie.
In the mean time, fecuritie of that kindc was given on
both fidet now and then by agreement : But by the
Kingof Ewg/4?i^ as well in re(pe(5t of his beeingLord
of the place, as his beeing a partie that was treating
about a League or Amitie. By others upon this account
onely, not upon that; unlefs you under ftand the quefli^
on to bee about the ufe of Ports and Shores : For fo, no
man denic's but thefe were Lords as well as hec. More-
over alfo, in our time , leav was wont to bcc asked of
our Admiral, for French men to fifh for Soles intl c
neighboring Sca^ for King HlrwWe the Fourth of France
his own Table J as itisaffirm'd byfuch as have been
Judges of our Admiraltie and Commanders at Sea
of an antient flanding. yea, and that the Ships of
thofe French were feized, as trefpaffers upon the Sea,
who
a
Omerjhip of the Sea. Ch ap.XXI.- 357
who prefumcd to fifh there without this kindc of
Licence.
But in the Eaftern Sea, which wafheth the Coafts of
Iorkfl?ire 2Lni the neighboring Counties, it hath been an
' antient Cuftom for the Hollanders and Ztlandm to ob«
tein leav to fifli , by Petition to the Governor of Scarbo-
rough Caftlc, fituate by the Sea-fide in the Countie of
York ; and this for very many years paft, as is affirm d by
that learned man M" Camden (peaking of thofe Coafts.
It is Tiforth the Tl^hile, faith hec, to mte Tt^hat an extraordinarie
flmtiful and gainful Herr'mg-Fijhing the Hollanders and Ze-
landers ufe to have in the neighboring Sea^ haying firjl d?-
telned leaV from this CaHle according to the antient Cujlom.
For^ the ^ngUp? have eVer granted them leaV to ftp? ; referring
alitfaies the honor and privilege to themfdvs^ but through a
kinde of negligence rejigning the frojit to Strangers, For, it
is almosi incredible t^hat aVaU fum ofmonie the Hollanders
make by this Fi[hing upon our Coajl. So he. There is
another man alfo of very great skill and knowledg in
Sea-affairs, who, in the time of QjElifabethy prelentcd
a Book to the Parlament,Wf itten in the Englifli Tongue,
about the Commoditiet)f Fifhing, wherein hee wrice's,
that the Hollanders and Zelanders every year , toward
the later end of Summer, fend forth four or five hun-
dred VefTels called ^WtiZS , to fifh for Herrings in c mtchodka
this Eaftern Sea, ' OTftetce befti?e tftep filft t&e? asft m^m&
Itm of ^CaCbO^Ottgl), which are his very vfrords. f^f^}Jf^''
Care was taken alio by Proclamation, in the time 1580.
of '^K.j4»jw,thatnoForeinerfhouldFifh in the Englip? dprocUmat
or Irip? Sea, or that which belongs totheothcrlflesof 7 -of King
the Realm o( England , without leSv firft obteined, and J^"^^^?^''^'
every year at leaft renewed, from the Commifiioncrs
appointed for this purpofe at London. And touching the
libcrcic of fifliing granted at other times alfc to Forciners
by
358 Book II. Of the Dominion, or y
« Gtrard, '^X ^^^ ^ings of England, there are many Teftimonics
Malinm in in ^ othcr Writers. But the cau( why wee do not
LegeMer^ oftcn meet with the Forms of thole Licences, granted
c^oria,caf. ^.^^^^ ^^^ paffage or fifhing in the Englip? Sea, was«
plainly thisj becauf by the Leagues that were made with
the neighbor Princcs,a Licence or freedom oFtliat kinde
(as alfo of Ports, Shores,Paflagc^ and other things) was
fb oftcn allowed by both Parties , that, as long as the '
League was in force, the Sea ftrved, as if it were a com -
mon Field, as well for the Forcinerthatwasinamitie, m
as for the King of Enghid himfelf who was Lord and
Owner. But yec in this kinde of Leagues , fomtimes
the Fifhing was rcftrained toccrrain Limits, which is
a thing chiefly to bee confidcr'd. The limits relared
both to place and time : So that according to agree-
ment,the Foreiner in amitie might not fifh beyond thefe
Limits, the K. of England reteining a Dominion over
the whole adjoining Sea, Touching this, there is a no-
table Example in the time of our Hewie the Fourth. An
(Rot. Fran- agreement was made betwixt the Kings of ^ England SLvid
c/>,$.ffe«.4. France J that the Subjeds of both might freely ufc
29. Se^tmb. fjfj^ipgjj^jQughQUtthatpartof^e Sea, which is bound-
ed on this fide by the Ports of Scarborough &c Southamptoyj,
and on the other fide by the Coafl of ELnders and the
mouth of the River Seine^ht time alio was limited be-
tWixtAutmin & ^tKaknds ofjanuarie folio wing. And that
the French might fecurely enjoy the benefit of th is agree-
ment, our King direfled Letters to that end, urtoall his
Sea-Captains and Commanders. Here you fee plainly,
thofe Limits wholly excluded the Fnnch from that part
of the Sea which lid's toward the Weft and South- wefl",
and alfo from that which lie's North eaft of them, as
becing fo limited by our Henrie , at his own pleafure,
as its Lord and Soveraign. Nor was there fb much
as
OvpnerJhipoftheSea. Chap. XXI. jyp
as the leaft fhadow of right or Prerogative, wl ereby
the French King might feem to have any intereft as a
Lord or Owner in the fetting of thcfe Limits ; feeing
that part of the Sea which was ftcluded did not touch
upon any Shore of his in the North, nor had hecany
Countrie lying before the Sea in the South (except tsLor-
mmdk) or in the Weft ; the reft beeing held either by
the Duke oiBretaign or by the King of En^landj as wee
have aheadie oblerved. From hence truly it was a
Cuftom, for the Kings of En^and to give protection
to Fifher-men that were Strangers , fomtimes by Pro-
clamation, and fomtimes with a Fleet of men of War,
when they went to Fifli cither by agreement made upon
trcatie,otbyleavobteined, qualifications beeing added
according to the Englilh King's plcafurc.There is among
the Records of the time o[ Edward thz Fir ft , an Infcripti-
on , ^ro hommibHS HoUandiae Cc. For the men o/HoUand
and Zeland^ atid Friefland, to have leav to fijh yiear ^tXMt*
tntltt)*^ The King's Letter for their ^ protc<5tion fol- ^^^ p ^
lows thus. The Km g to his beloved and Trw/Jiejohn de tent.ii^.Ed.
J&UtetUCte Warden of his fort dc Jfememtttf) Greeting. i.Mewir.5.
Forajmuch as Wee have been certified^ that many men out of the
farts of Holland, Zeland and Friefland alfo , "^ho are in
amitle Ti>ith us , intend now to com and fijh in Our Sea near
^0tnnnUtt) ; ^^<?^ commmtd jou, that you caufpublick
Proclamation to bee made once or twicteVerie iteek, that no per*
Jons ^hatfoiver ijnploied abroad in our fervice prefume to cauf
any injurie, trouble^ dammage^ hindrance or grievance to bee don
unto them ^ hut rather ^ ti?hen they fiand in need, that yee give
them advice ani afsifiance in fuch manner, that they may fijh
and per fiie their own advajitage without 0ty let or impediment.
In Tefiimonie "thereof ^ Wee have caufed the/e our Letters to bee
made Patents ^to continue in force till after the Feafi of S" Mar-
gin next enjulng, Witnefi the l\ing at WitW%\^XHt
Zz th
^6o Book IL Of the T)ommon, or y
the XXVill day of September. Which was in iKe
XxTlT year of his Reign, and of our Lord MC^CXCV.
The fame day al(b, in favor of the Farl of Holland and
his Subje(5ls, hee fet forth three men of War toward the
, farther Coaft of the Sea, fO? tl)e faf egUatll (as hee
faith in another Letter) Of tftOfelleffelS belOngmff
to rout anu our oXbn Countrte , tljat are m tljete
fiaies emploieu about tlje J^etrmg ififljmg $g.
anfi to guard pour CoaKsneartbe^ea. Here
hee grant's a Protc(5tion to fifh. And in both the Letters,
hee limits it within the fpace of two Months. Hee
alone alfo protected the Hfher-men upon lAicCeiman
Coafts (which, by reafon of its ncarnefs, hee call's here
your Qoaft near the Sea^m his Letter to the Eail oi Holland)
as well as upon the Ewg///^. Nor might the Fiflier-men
ufe any other kinde of Vcffels, but that which was pre-
fcribed by our Kings. Upon which account^ all kindes
of Fifhing wercfomtimesprohibitcd,and lomtimes ad-
mitted, this reftridion onely beeing added, that they
fliould fifh in fuch VeflTels onelyas were under thirtie
Tuns bunhcn. This appeal's by thofe Letters of King
Edward the Third concerning the Laws of Fifhing,
which were direded unto his feveral Governors of
Yarmouth, Scarborough^ Whitby , and Donwkh^ Towns ftated
y^Kot ciauf. upon the Eaftern Shore. The words arethele- ^jfO^*
II. Erf. I ' afmucD as ibee Jjabe giben ?licencetotf)e5firber^
Membran.^^. mett of tt)eafo?efatb Xotbu , anb tootbersibbo
(!)aUbeeibtHtngtocom unto tDefatb Xovon fo;
tbe benefit of fiOXng, tbat ttitv map fiflj auD
tnabe tbeir oibn abbantage Ibitb ^tbipis anb
l5oatsunbertbirtie Xuns burtben, anj> pjobfe
bttion, 0? Commanbs of ours ibbatfoebcr to t|ie
contrarie notibitbftanbtog> ibee comrnanb i?ou to
permit tbe ifil^er-meu of tlje afojefaib Xoibit>
anb
Owner/hip of the Sea. Chap. XXL jtfi
anb Dtt)et*s tdt)o (gall bee tbiUms (o comtottie
(atD 5i:oibn font)e benefit Df^i(l)ms,to£tI]^an&
inafte tt)ett oibn abbantage ibttt) ^litps anb
iSoat? nnber ttjtttie Xuns , XbttOout anp let o;
tmpeDiment. anp )d;ot)tbttiDns o; Commanbsf itf
Durs^mabetotbe contrattemanplibife noturtt^^
aanbtng, as^ ibeetjabefaib. tiaitnefgttteBtns
at tl)e Xoiber of f ondon, ::attjjuft* x . which was
in the 1 1'^ year of the Reign of £^«?W the Third, oe
of our Lord MCCCXXXiXi But if any heretofore un-
dertook the protection of the Fifher-mcn in this Sea,
without leav of the Bn^i^ , they were to bee feized aiul
imprifon'd^ as Invaders of the Right of Donninion , add
to expc<5t to bee dealt with accordingly, for the injuric
don to the King of England.
This is evident alfo in the Records of our K^Edward
the Fourth. For, hec cre^ed a Triumvirate or invefted
three Perfbns with Naval Power, whom the Records
call C^pJef, ConduEioresfir Waf tores, iQ\m\A$ja&j€Wlf^
bUCtO?S,anb (IRlIlaftO?S,whofc OfSce it was toproted:
and guard the Fifher-men upon the Coaftsof NorJUk "'
and Suffolk. To the end therefore diat dicexpcnccs of
the Guard might be defrayed by the Fiflier-men, and all
others whatfo^ver bee excluded from medling with
this kinde of Guard or proce(5tion, hec appoioitii four
men, by name Sit John J^emiltgDam Knight , Wiakm
J^OptOtt. Edmund pbe, and John tl^anSifleet Efquires,
<bs well (fay the ' Records themfclvs) to over-fee thofe Guar- ^'^'^^'^f '
dians, Conductors , and Waftors , ^ to give notice to aU bran,'2.
Tifjierrmn of'^hat Comtrie foever they bee, Ti?hoJhall dejire to
filh in the Tarts afore/aid under the proteEiion of the faid N.H;
that thofe Fijher^mm and everie ofthem^ do contribute to all and
all mmmr ofCofls, Changes ^ and Expenfes belonging to thefaim
Guardians and CondnElors in thtimeoffifhing^ and charge aU
Zz 2 fwk'
^6i Book 11. Of the VominioTJ, or,
fiich Cofls^ Charges yOnd Exf trues accordinz to a frofortion^and to
leVte andcoUeSi tho/e Cojls^ O^^^g^^^ ^^ Exfmces , out of this
hnde o{Fi(hings belonging to the Ftjher men afore fatd^ ^here/oe-
Ver they may bee found -^ As alfo to arreft and apprehend all
others ^except the afore named ^ Tipho prefume or attempt to becom
Guardians f Conductors ^or Waftors , and to commit them to our
next Gaol, there to bee keptjafely and/ecun ly, till fi^ee p?aU take.
order for their deliverie. In the very fame words almoft^
lo the lame purpofc, wee findc divers Letters Patents of
k Rot. Tat. King Benrie the ^ Seven th^yea, and of Eichard the ^ Third,
3. Hen.j. favc that in the form hereof, after thofe words [charge all
dorfoi'^. f^^^ Expences according to a proportion] this confiderabk
jiuguf.& Claufhere is inferted \^Mthough the fame Fifhermen^Ti^he-
Jor/i/is. ^^^^ any one or more of them ^ may hay^e had Letters of /afe Con-
Se^tembrif. duBfrom any other K}^Zi ^^'^^^> ^^ Governor of any K^tngdom
2.5/cm!* T^hatfoeverfl So that by the received and ufual Cuftom,
fart. I. the Charges of the Guard were to bee defraied by the
Mmbran.2. f iflicr-men of this Sea , at the pleafure of our Kings,
though they might have had Letters of publick fecurity
and protection from any other Princei. Nor were any
other per(bns to bee admitted to a partnerdiip in this
kinde of Guard , except thofe that were appointed by
the King of England, left by this means perhaps it might
derogate from the Englijh Right, Which is a manifeft
fign or evidence of the Dominion and Poffefsion of the
place.
7he
Omerjhip o/deSea.CuAV.XXW jtf j
^he dominion of England made evident from
the laws and limits ufually fet by our Kjngs
in the Sea,to/uch Foreiners as were at en^
mitie with each other,^«r in amitie mth the
T^ngliih.Jnd concerning the IQng' sClokts
or Chambers in the Sea. Alfo touching that
fingular privilege o/perpetual truce (orex--
emption from hojiilttie ) in the Sea al?out
thofe IJles yphich lie before thejhore ofS\(or^
mandie.
C H A p. X X 1 1.
AS to what concern's the Laws and Limits that
have been prcfcribed to Forcinet s (from whence
I derive a fifi fore of Tcfti monies) who beeing a;t cnmi*
tie with each other, and both of them in amitie with
the En^iyh , did mutually make prize and prey upon
each other throughout this Sea; Whereas about the
beginning of the Reign of James K. of England, the reft
ofthcChriftian world was every where at peace, but
the warr waxed hot betwixt th^ Spaniard and the States
of the United Trovinces , and thereby it happened, that
both thole parties beeing in amitie with the Englijh^did
infeft one another with mutual and very frequent de-
predations in the Englijh Sea , touching the lawfulneft
whereof divers Queftions aroft among the King's Offi-
cers, in the Court of Admiraltie; Our K. following zprociam. i.
the examples of his Predeceflors, did as lawful Soveraign March 2. of
and Moderator of the Seas, fet forth a * Proclamation, ap- f^.'^^^^^'
pointing certain limits upon the Englifli Coafts, within w Rot.pat,
which hee ordcined there fliould bee fafe riding for ^*^{*^^^^' ^
Zz J both
364 Book IL Of the Tfominior), or,
both f>arties^ with fafe paffage , yea, and declared hce
would give equal piotc^^ion to both in fuch manner,
tbatwithinthcfe limits ncicher might the Spaniards ufc
any hoftilitie againft the Umtid T>{etherlanders^ nor tbcfe
againft them^ nor the Subjects of any Nation whatfo-
cvcr againft thofe of another, without incurring his
difpleafiirc. The words of the Proclarnation are tliefcj
3Sixaxs^ CreeU8,o; (ttDei: places of tm Dcmitm-
on> o^fbneatto aupof out (atD )^o;ts anfi i^a^
tens , as map bee teafonablp conOtued to btr
tMtDin tt)at tttle> limit 0; p7ecmct> tt)etc SdaU b^
no fo;tce> t)iolence> 0; offence (ufferb to ba^oon^
eitDet from man of Xbat to man of ibar, 0; man
of tbat to ^utXmt> ^l ^etcl)ant to £0ex:ct)ant
of either partie. I5nt ttiat all of ibtiat i^ation
(debet, (d long as tbep QiaU bee Xbttbm t\jfAt
tm ^ojts anb places of ont 3iuttfm; tton , 07
Xbbete ottti^fBcetsmap p?obibitbiolence> QiaAl
bee nnbetltoob to b^ nnber ont p;otectton>to b^
o^bereb bp contfof 3in(]:tce> anb bee at peace eacti
Ibttb Otljetf. But by the lame Proclamacion hce de-
dared, that violence fliould fo oncly bcc permitted be-
twixt Enemies in that limited part of the 6ea, that if any
man of war fliould cither bee hovering near hand with
aa intent to offer violence to his enemic, in the open
Sea adjoining, or the Creeks, Ports, and Havens of the
fame, or fhould out of any place fo prohibited, conira-
rie to the intent of the Proclamation, fall upon his Ene-
mies (hip^fetting forth to Sea from the fame place, then
the Englifli men of war, as wellthofc belonging to
Merchants as Commanders in the King's (crvice^ould
remove and punifli (iich kiade of violeace. The
words of the Pioclamacion are thefe • £)nr
plea-
Oiynerfloipofthe Sea, Ckap.aXII. }<^j
pieafttte tl)etefb?c anD commanDcmmt is to
allour £)ff!cers ano ^ubiects bp fea ano lanfi,
tljat tljey ajadi pzoOibit (as muct) as in tl)em lictlD
all fuel) tjoberingof menotibar of either Qbe fo
near tlje enttie of anp of onr i^abens, o? out
Coafts ; 3tnb tljat tljep Qjall refcuc anb fucco? all
spcrcliants anb otbers tftat Ojail fall lbitl)m tlje
bangecofanpfucljasfljailalibait outCoatts m
lo near places, to tf)el)mberanceofXrabeanO
Xrafficft outibarb anb ijomevbaro , from anb to
out ISttUj^bOinS The ^refcribed limits afore- mentio-
ned were iec forth in a Tabic or Map cut in Brafs, and
publifhed by the King's Command. The manner of
it was fuch, that both the limited part of the Sea , and
chofe Ports and Creeks were pointed out by direcft lines
draw from one point of land or adjacent Ifland, to the
next Point or liland upon the ^gltfl^ fhore.Thefc poinc5
with the .flcs fetching a compafs round about from
the Norih-Coafl: of Biglandj by the Eaftand South as
far as the Weft, beeing in number twentie feven, are ran-
ked thus in their order. J^Ol? SJflaUb, tt)e S)01bter,
«^Ditbp, 5Flambo?ougl) Ijeab, tlje ^po?n Cromer,
i©mterton»neIIe, igatter-neffe, Jlapeftof i^ftnelTe,
£)?fo?tue(Ie. ttie jitio?tl)fo?eiartb, tl)e feoufibfo?e^
lanb, Dungeneae, -(Beacl); ^aunenose, |^o?tlanb,
tlje ^tart , tl)p Bamme, tUt tubman , tlje Ei^
jarb, Jtanbs enb, fipilbf o?b > ^.^abibs $eab,
■(Bearbae,j;folyl)eab,andtl)e Jfleof ^m ^^ee
have very great Creeks of Sea cue otf by thcle lines from
the Sea round about , which they call "^iegiis Cameras
Xfte BingS CDamberS,and the Ports KorJ. Even
as in an houl the inner private Rooms^or Chambers,ot
Clofets, which in barbarous Latin are wont to bee ter-
med Camera ^zxc relerved for the Mafler ; and as the Ci-
tie of London hach of old been called in our Law the
Chamber of ihe K/V c/Szg.W^ whereby the reft of his Do,
minioa
5(56 Book II. Of the T>ommon, or,
minion round about is fee forth, as ic were by the u(c of a
more narrow Title: So chcfe Creeks^though very large,
^cotioc pars
■^■■■'Jb !■■■■■■■■■■■■!■ wwn
^cuj-cl ^cucarum —
bceini
Ov^nerjhip of the Sea. Chap.XXII.
beeing called by the like name and limited at the plea-
lure of the Kings of England , do in like naannerfliew
his Dominion over the reft of the Sea. But wee have
taken a Oefctipcion of the Points and lilands, whereby
thofe Creeks fet forth in the Table here annexed, are
wont to bee limited, out ofthat ^ inftrument which
was written in Englijh by twelve men very well skilled
in Maritim affairs, and fworn for this purpofe at the
time when the Proclamation was publiflicd, and it
^vas by them prefentcd to Sir Julius Q^far Knight,at that
time Judg of the High Court of Admiraltie , but now
Maftcr of the Rolls , and one of his Majeftie's Privic-
Council, to whom the care of icarching after this kindc
of antient limits was committed. But in that Inftru-
ment, as well the diftance of all the Points in refpc6t
of each other, as the manner of failing in a direct courf
is explained, from whence the latitude of every one of
the fQng's Chambers, may in part bee colIe<5led. Thofe
twclv men beginning at the J^plp 311^^0, fctch't a
compafs round from the North by the Eaft and South
to the Weft, in the order hereafter following The firft
courf and diftance is from that Iflandto %i^t^OV0'
ttU And from thence the reft are reckoned in the like
manner.
^67
^ Martii,
1604.
feu 2,Jacohi
Promontoriorum
fer'tes. '
^S^mbi
i^eucct.
Ad ttje hornet
in Phoenicero, ^«^. ©^
17 T
Ad.JKBIt)itbp
in Notapeliotem ^4 €♦
12
Ad 5FlanHM3tOtt5l)inNotapeIiotem ^♦C*;
DeaO verfus Auftrum.
8
Aaa
2^rfl-
i68
Book II. 0/ the T)omtmon^ or J
Tromontoriorum %umbi.
/cries.
LetiC^,
Ad tDe ^mnt
in Phooniccm ^♦^^C^
vcrfus Apeliotcm.
»5f
Ad Ctomar
in Mcfeurum ^* (£4 ailD
Mi
Mmmtttmnts
in Hypophcenicem &JB^
4-
Ad caftet-nes
in Phceniccm ^♦d*^*
^',
Ad S-apCftof in Auftrum ^,
3;'
Ad caft-nes
m Auftrum ^^ { vcrfus
Occidentcm.
i|
Ad j©?e)?t[)'nes
in Mcfolybonotum ^^
antibpaau*
^l-
Ad iiiojtt)=fo?e-
lattD.
in Auftrum ^^^ vcrfus
Occidentcm. ^ ^ ^
•
Ad^outft-fo^e-
lano»
in Auftrum &^
6'-
3
Ad ^mst-ms
Ad ©eacf)
in Nocolybicum ^♦SJM*^
vcrfus Auftrum.
in Africum M,^,M^ 7
vcrfus Auftrum.
7
I?
Ad2Dttnett05e vcrfus Ocddcncem.
Mr
Ad ^ojtlano
in Hypafricum W, aiW
\)V ^* v^^^- Auftrum.
>6K
^dtt)es>tatt
in Afncum W^ ^* ^*] in
Occidentcm.
18^
T^ ronton.
Oyi^nerjhip of the Sea. Chap.XXII. ^6^
fpromontoriorum
\ Scries.
^R^mbi.
Leuca.
l^dtDeEamme^
in Occidcntcm ^^\ ver
fus Boream.
6i
in hfricum «^♦^♦IH'* \
.^dttjeSDttlimanJ verfus Ocddentcm/ M^
Ad tlje IlisaitD*
in Africunn |3g)^^4ll9,j
verfus Auliruro.
\d tt)e ILauDSCttO
n Caurum j^^ iI5»ID» ver
fus Boream.
Ad ^\\im
in Boream ^4 jverfus
Ohentem.
J^
s
Ad ^♦2Dai3iOSi jin Boream jjj, ; verlus* Ow-
DeaD* I cidentem. ' ^ *
Ad iBcarDOe*
Adi^olptjeao^
Ad Monam
in Hvpaquilonem 0. atlDi •
bpC^JverfOrieLCcm. j *^^
in Boream ^. j verfus
Occidentem.
in Hypaquilonem 0. anO
bpC» 5' verfus boream. j ^°
Here you fee vcr^ large fpaces of Sca,intcrcepted Ibm-
times for above ninetie Miles (for , three £/2^///^ miles
here go to cveric League) whereby chole Cham-
bers or Sea Clofets are made. But wee finde the ma-
nagement of that bufinefs concerning thefe Chambers'
at the time of the aforcfaid Proclamation , fet forth
after this manner , in the fubfcription of the twelv
mm that were fworn, and added to the aforcfaid di-
ftanccs and courfes of failing. Wee yi?ho/e names art
fuhfcrihed , heein^ called More the Eight Honorable Sir Ju- .
lius Cxfar /(w/gk, Jndgof his MajefUes High Court ofAd-
Aaa z miraltie,
>
^70 Book II. Of the Vomimon, or,
miraltie^ and there bee'w^ mrcllcd ^ adntitudjand /woni , for
the dejcrihhig of the I'tmits and botoids of t^C SSWtg'iS!
Cl)milbetS>*)aben5,D? ^0?tiS, hi their fnll extait,
, do by thefe prejents ?nake aijfmer, and to the hejlof twhiow-
Udg and Ufidirtiatid'mgj declare y that the faid Chambers ^ Ha -
<vens or Torts of his MajeHie^ are the 'i^hoU Sea- Ccajls "^hich
are intercepted or cut off by a pm^t tme drawn from one
point to another^ about the l\ealm of England. For the better
underUanding whereof wee ha^fe made a Table concerning that
lujtnef?'^ "thereto wee haVe annexed this our Schedule , Jhew-
ing therein how one Toint fand's in a £r^B line towards ano*
thery according to that Table* Given the fourth day of
jMarcfa, Anno Dom. 1 604» and in thefecondyecn' of thel-^gn
of our SoVer^gn Lord iQng James ^ &c. And then in
the Schedule there follow the narrics of che tweh men-
who were all perfons of very great knowledg ir^ na-
val or Maritim Affairs. $o,the fpaces within theftrcfghc
lines drawn from one point to another, are the Cham-
bers or Ports of the King of England , who beeing
Lord in like manner of all thofe parts of the Sea,
as farre as the oppofitc Shores or Ports , whilft
hee comnnanded a keeping of the peace within
tbe(c Creeks or Clofets , did , as Arbiter^ permit thofe
that were in amitic with him ^ but enemies among
themfelvs, to make prize of one another, in the refl of
the Sea 5 yet not without fomijualifications or reflridi-
ons added concerning the ufe of the more open part of
the Sea. And truly, the Spaniards alleged afterward,
that themfelvs ought to bee protected from hoftilitie aL
fo, without thefc Hmits , in the more open part of the
Sea ; and that by virtue of the agreement of peace,
whereby the Kings of Spain and England were obliged
to proted: one another's fubjeds , in all parts of their
Kingdoms : which is as much as to fay, that the refl of
the
OwicrJJjip ofcbe Sea, Chat. XXII. 571
the Sea flowing between corn's no lefs under the nartie
of the Kin^dcjin oF EwAdihl And this spoeafs alfo
from the difpuce held by their Advocate in Ei^land, about
the proteBion of the Terrkork by Sf^, againft the Holhn-
ders, who mightily exda'mied (as ^ hee laith) that thejPionU ^ yni^rkm
bee intercepted aiil fla'id by the f{tn£s Officer at Sea, 'With the Genul'u in
priT^ thdt they had taken from their enemies the Spamai-ds. ^f r'J'^^^*^
ihat it 'Was an unjuji nj'dence 5 that heehig dijlwhed an^/potl- lib. i.ca^ 8.
ed^ they ought to have reparation made them , and to hee heard
againU thoje Spaniards ^ "Who heein^ prijoners "Were dfcharged
'^ith the goods that "Were taken, but that the King o^Eng-
hid ntiight juftly give the Spaniards protection 2gaiiift
the HoUmders^ in t\\tBritifl) Sea, eithe^ within or wieW-
ouc ti'iofe limits , hee pkad's after this manner. 7m
fee (iaich hee) how far th Donimon of the King 'f Engbnd
fretche's toward the South, North ^ and ^'dji.' 7*he^ Northern dXadt. in
€oaUs of ^niv.riy haVing no Countries lying agahU them, ate vira Agn-
Hfjifhed by the main and open Sea, And the Southern Coafls of dc'^BSo^*
IxthxiA are hounded ut}onS^m'^ theWefterntmn the inciir Galiico,1.5.
an Countries under the Dominion of Spain 5 And fo thejurif-
diSlim of our Kjnghy Sea,isofamightie ^vajl extent. Nor
Ti?as it reflrained or lejfend by that fubfequerft Proclamation of
the ^ing (the fame above mentioned) "Whereby certain li-
mits "Were appointed, beyond ^hich the ^Ing declared the poWtr
of his TerritO'ie fhotdd not bee extended^ in thefc Acts of ho-
Jld.tie betwixt the Span iards and Hollanders, But it'sfaid,
that the Hollanders Ti^ere intercepted by the Officer whout
thefe limits. Alfo according to the Articles of Veace lately
agreed on betwixt our KjngandthelCirigofS'^iinj they ought
toproteSl one another's SubjeBs in all places throughout their Do'
mmions '• And therefore both ought to fiVe protecTion throughout
tJut immenf JurifdiBion, For, there are limits ^ founded upon ^ MeKocb.
right ^ and there are limits by compafl or agreement: And an ^^''"/^•M'
argtiment taken from the one^ doth not conckde againfi the other.
Aaa } And
57^ Book II. Of the IDominion^ oi'y
Jftd here Ti^e are to follow the limits of right , concerning l^hkh
certainly the articles of Teace and Jgreement ought to bee under-
^ood • Secauf the other Bounds beeing jet afteripard^^ere not
then in imagination* ^ut the autontie of the Proclamation
extend^s not to things paH. Certain it is, that La^s and Confli-
\^7n^^^ t«fiowf c/o^tVe a Seeing to ^future hufmeffs, and are not to
Conf. 1 10* hee recalled unto things don and paTl^ Kor is this a Declaration
II I.
of the Kings right (therefore the more eafily to bee ^ admitted)
WnU± I? ^^^^ ^^ ^'^^ Proclamation y but a difpoftion and law wholly new.
h Vecian. i. For, a ^ Declaration induceth nothing new^and changeth nothin(y.
^OldTad\\2 B«f this Proclamation '^ould change much , [emg the power of
imoiConf the [Qngs Territorie extends it Jtlf much kjondthofe limits
^vfl'an ^^ conflituted. To this an ' Anfwer may he given alfo, fi?hich
Con}, J- is acknowkdgedbj all, that a Declaration is of ?io force to ano^
thers prejudice, fi?hich here might bee don to the fhip that ^as
intercepted • for "^hiih right fi^as fought according to common
Cujlom, andalfo according to the fpecial agreement of the peace ^
that thofe Princes fhould Juffer no ^violence to bee don to one a^
nothefs SubjeBs in their Territories, Jnd it is much more
flrong in reJpeB of that expre^ article of the Treatie^ for that
it could not bee meet to takeoff from the fuH force of the (jn^
traB; tohichtifouldnowbee leffen'dnotwithflandvig^ if itfi^ere
granted that the Territorie is jo leffen'd, "tipithin l^hkh onely our
Kjng might proteB the Spaniards. Moreover, it hinders not
Tifhich is ohjeBed^ that thefe limits Tnhchare now exprefjedtn
• the Proclamation, fi^ere ohferyed long before by long Cujiom in
Controyerfies of this nature. For^ to omit thofe mojl difficult
it /2^^ , ^ things Ti>hich are deliver d in ^ proving the CuJlom, certainly the
Conftl 74. intent of our IQng in the ContraB of peace /eetns not to haVe
had reFpeB unto that Cufom, if any there hath been , or alfo
unto the Statute^ Tt^hichis alleged here tobee antient, For^nei-
therare thoje things common and under food by the other Prince
inamitie, nor perhaps by our IQng him felf- toT^it, matters
of faB^inhis new Kingdom. All which things I thought
fie
hum. 10.
O'n^ner/Inpo/ theSea.CuAF.XXlL 375
fit to add here out of Alberkus Gentilis, becauf they be-
long not onely unco the(e Limits , Creeks , or Roial
Chambers in the Sea, but to the Dominion of the
whole l^ritip? Sea. And truly Gentilis was ill under-
ftood by Joannes ^ Gryfhianier^ who difcourfing at large j ^ ^ ,
concerning Sea-Affairs, allegeth the place before-cited in[uiis]ca^,
out of him in fo brief a manner , as if bjr that Procla- M- ^ 4^-
mation of King Janks, his Jurifdidtion had been reftrai-
ned fi mply to thofe limits. The JurifdiBion of England
(faith Oryi>hianJcr ) by Sea ^ although it bee extended toth^
Souths North, and WeUy yet by a Proclamation of James
the prefmt IQn^ , it is circwnfcrihed by certain limits in ths
Sea. Hee quote's Albericia Gentilis^ for his Autor. But
truly, the King had no intent in that Proclamation,that
his Jurifdidioa (hould bee circumfcribed fimply by
thofe Limits, but onely in relation to the ads of hofti-
liticat that time betwixt the Spaniards and Hollanders -^
hee becing Lord and Moderator of the '^ritijh Sea for
ever, as well as his Predeceffors : which is lufficiently
manifeft out of the Proclamation it fclf,& out o( Gentilis.
Nor indeed is it eafily to bee conceived , from whence
that fpecial and perpetual privilege of Truce or Freedom
from hoftilitiehad its original^which the inhabitants of
Jerfey, Garnfey^ and the other iflts lying before the fliore
of K^ormandie^ do enjoy even in this very Sea, though
war bee between the Neighbor- Nations rourid about^
unlefs it bee derived from this Sea-Dominion of the
Kings of England, Concerning that privilege , Mafter
Camden beeing well inform'd by antient Teftimonics,
fpeak's after this manner in brief. "" "Ej an antient priyi- m i„ j„rffijj
lege of the Kjngs 0/ England, here is as it t^ere a perpetual Briif.S^'^.
Truce, and though a 1har bee on foot, yet the French and others
haVe a liber tie to com hither to and again without danger^ and
Uje Commerce fecurely* But wee finde the fame more it
large
374- Book II. Of the Dominion^ or,
p , p , , large, in fom " Kings Patents , cxprclFed thus concer-
B KOt.rat.2. ^'<^^ I .- r irl r n ow-r .
Ed.e.fart.j. ningjerfey-^ that tntme of fi^ar^ Merchants of all Nations,
f E// ^t ^^^ ^^^^^^ ^^ ^^^^ Strangers as Natives , Enemies as f^tll as
fart.T& Priends, may freely, lawfully^ and Without peril, go mto^ pap
Rot.Pat.2. fQ and fro , and frequent the f aid l(le and the places upon the
ICp^rf i5>. CoaUs thereof, -it^ith their Shipping , Merchandife ^ and Goods,
as well for p)elter from foul weather , as upon any other their
lawful occaftons^ and there to ufe free Commerce and Traffick,
and to abide with fafetie andfecuritie^ and to com away thence
and return at pleafure^ without any damage, trouble, or ho/iilitie
whatfoeVer^in tkir Affairs, Merchandife^ Goods or ''Bodies-^ and
that not onely near the Ifland and places aforefaid upon the Qoafls,
and their freeing, hut alfo within the fpaces diHant from them
AS far as a man may ken, that is fo far as the ftght of the eie
can attain. And this is called a privilege, which you
(ce extend's fo far into the Sea it felf, as the fighc of the
eie can pierce from the fhore. And if fo bee thisprivi-
lege did not proceed from the Kings of England^ as they
arc Lords both of chc Sea and the i{[ts, (and by the fame
right that the Ides themfelvs belong to them , as hath
been faid ° before) it cannot in reafon bee imagined
• ca^,xix^ from whence it had its original. There is not (lo far
as wee know) fo much as a pretence of a Grant made
by any other Princes. But onely by the Kings of Eng.
land, who unlcfs themfelvs were Lords of the xA^holc
Sea flowing about, by what Title and Autoriticdid
they ordein fuch a Truce fo far within the Sea on every
fide, between enemies of all Nations whatfoSver that
came unto thofe Iflands ? But as our Kings have very
often commanded that all manner of perfbns flieuld
ccaf from lioflilitie , not onely within the aforefaid
Creeks, but alfo throughout the fpaces extended thence
at pleafiire, into their Territorie by Sea ; lb in like man-
ner they indulged the like kindeof pririlege for ever
through-
Oypnerjhip of the Sea. Chap.XXIIL jy?
throughout thefe Coafls of the French fhore, that all
manner of perfons, though enemies to one another
might fecurely fail to and fro , as it were under the
wings ofan Arbiter or Moderator of the Sea, and alfo
freely ufe the Sea according to fuch fpaces or limits as
they were pleafed at firft to appoint. Which , without
doubt, is a clear evidence of Dominion.
Certain publick Records, 'wherein of old the
T>omtnion of the Sea is, by the way, ajfcri^
bed to the Kings of England, both bj the
King himfelf^ and alfo by the Eftates of
Parlament , debating of other matters,
and that mexprefswords, ^w^ withverie
great deliberation^ as a l^own and moH
undoubted '^ight.
Chap. XXIlI.
^
I Shall next of all cite (cvcral publick Records^which
are kept in the Tower of London, wherein the Do-
minion and poflefsion of the Sea is by the way ex-
prcfsly aflerted as belonging to the King o( England^ and
chatbothbytheKing himfelf, as alfo by the Eftates of
the Parlament o^ England^ as they were debating about
other matters. For, that is the (ixt head of the former
Divifion. King Edward the third intitle's himfelf and
his PredccclTors Lords of the whole Sea flowing round
Bbb ^^ about
2y5 Book IL Of the Dominion, or y
about, in the fevcralCommifsions given to Geojfry it
^SC^ Governor or Commander of the Southern and
WcftcrnS€a,andj^ok^e2s&r«?/cfc of the Northern (the
limit of diftin<5tion beginning, as it was ufual, at the
Mouth of the Thames) out of which Records wee here
fct down theform, which is efpecially to bee confidei'd,
a R \ SCO' ^^ ^^^ ^^ ^^ make's to this purpofc. * The K^ ING to his
ii£,\ O.Ed. Behyed and TruUie Geoffry de S>^P , Admiral of his Fleet
Memb,i6. of Ships ^ from the Mouth of the ^S^Ver Thames toward the
WeUern parts ^ greeting* Whereas Wee have of late
commanded you ly Our Letters , that you together Ti^itb
certain Ships out of the Cinque-ports^ T^hich f^ee have order d to
hee furnifhed and made readie for 'U>ar according to our Com-
mand ^fhouldfet forth to Sea^ to oppofe and refjl certain Gallics^
provided and inforced with men of lt>ar in diVers forein ^arts^
Mch, as Wee fifere informed , ft^ere fet out towards the parts of
our Dominion toaggrieV lis and Our people, or elf to turn their
conrf toward the Coajls of Scothndy for the relief and fuccor
of our Enemies there -^ ^nd in regard it hath been r elatedly
fom, that Gallies of that kinde to the number of XXW I are
newly com to the Coajis o/Bretaign and Normandie,dwJ do/lill
abide there, as it isfuppofed^ to do t^hat mifchiejthey can againjl
Us and Ours^ or to fuccor Our [aid Enemies^ as is afore/aid ^
Wee calling to minde that OU<S, fT^OGEHlTO^S
THE ^INGS OF ENGLAND have be^
fore thefe times been LORDS OF THE ENGLISH
SEA ON EVET{1E S ID E, yea, and defenders
thereof againU the InVafions of Emmies -^ and feeing itJtfeuld
Very much grieve Us, if our Kingly honor in this kinde ofde*
fenfjhould (Tiphich God for bid) beelofl in our time, or in any fort
diminijhed; and deftring,'^ith Gods help p prevent dangers of
this nature and provide for thefafeguard and defenf of the Realm
and our Suhjefis, and to reflrain the malice of our Eemmies-^ Wee
do therefore priiily require and charge you ^ by the duty and
Alk'
Ovpnerjhip of the Sea.Cws? y^^Wl. y^^
AlUg^ma Ttfherein you /land h§und^ according to the jj/ecid
truft repofed in you , that immediately upon ftght of theje
prefents and fl^ithout any farther delay , you do fet forth to
Sea wh the Ships of the Torts aforefaid and the other Ships
tiphich are now readie j and that you arreH the other Ships
in obedience to our CGmmofid^ Ti^hich Wee lately recjuir'd you to
arrefl (T^ut fo that they might bee readie and provided to fet
forth according to Our aforefaid Command, feeing Wee caufed
the MaUcrs andMarriners of the f mm Ships to hee prepared,
and gather' d together , tphetLer they T^ere 'it?ithinyour Liberties
or Ti>ithout y and to cauf them^ heeing '^ell provided of mm of
Ti^ar and other neceffariesjto haHen out to Sta "With the aforefaid
Ships) and that "U^ith all ddigence you make fe^^rch after the
aforefaid G allies and other Shtpsof War abroad againfl m^ and
floutly and mm fully fet upon them, if they jJ^all pre fume to bend
thiir courffor the end afore/aid ^ toward the parts of Our Uomi^
nion, or the Qoifls o/Scotland. And if they '(teal away from you^
fo that you cannot meet "^ith them^ then you are Ti^itk the aforefaid
Ships of our Fleet "Without any delay to follow after the fame G allies
and Ships of War fet out againU Us, if they Ojall make towards
our Kingdom or the Co4/?y 5/ Scotland aforefatd^andcoura- ^
geoufly to deflroy them^ for the conferVation of our Royal honor.
But yet Wee MhU not that you occafion any hurt or hindrance to
Merchants of others paf^mg by Sea , fli^ho have no i?itention to
offendlls andour SubjiBSjOrtofuccour our Enemies, Then
fellow's a power to prcfs Seamen, and fona other mac
ters of that kinde. The day alfo and Autoritie is fub-
fcribed after this manner. Wttnejs the King at the Town
of S' ]ohn^ the ftxteenth day of Augud. By the IQng him-
felf andhis Council, The like Cornmifsion was at the
fame timc,and by the fame time and by the fame Autori-
tie given iojohi de Norwich Admiral of the Northen part;
In the preferring of a certain Bill alfo in Parlamenc
Bbb 2 (which
378 Book II. Of the Dominion, or,
(which was the voice of the Eftates of the Realm) in '
the reign of the fame Edward, wee findc that hce was
ufually accounted and ftyledKingorSoveraign of the
''^Ed't' ^^^ ^y ^'' Nations: The words are, ^ qe xlc ans fafft>^ ^
nunu^Q. toutdi:^ adeVant^ la NaVie de dit roialme ejloit en tou^ pon:^(^
hones ViUes Jur mier <sr jur riviers ft noble <(s* ft plentimuje,
qe tow^ Us fats tenoient <s* appdloyent yiojlre aVafitdit Sei^ni-
eur^LEROY DE LA M1E%, iCsr tout fen pajs
dotoynt le pluU per mier <sr per terre per cauft de U dtte
NaVte <src. ^hich bcem^ tranflaced cut of the old
Korman [peak's to this cfFed". That the Englifh Ti^ere
ever in the Jgts paft renowned for Sea affairs in all Coun-
tries near the Sea , and thy had alfo fo numerous a Navie^
that the people of aU Qomtries ejieemedand called ourlQnZj
the f{tng or SoVeraiffi of the Sea. There is like wife a
notable Feftimonie touching this bufinefs in the Par-
lament-Records of Henrie the Fifth, where the tenor of
the Bill ran (as was ufual) after this manner 5 Item
c Kot.Parl priont les " Commens que ,per lounoflre treffoVerain /eigneur
^H^.memb.j^^ j^q^ gf ^ gs T^OBLES (pROGE]>lL
.T OT{S D E T OUT r EMT S CRT
ESTE SEIGKEU^S DEL MEE^, e>
ore par la grace de Dieu eTt Venu:^ que noflre dit fetgneuf le
(^y el} Jeigneur des cojlei d' ambeparties del meer, d' ordeigner
fur touts ejlrangers paffants pirmy le dit meer, ttel impofttion al
aps noflre ditfeigneur leRoy a prendre que aluy femblera re-
JonaUe pur la jawvegarde dd ditemeer. 1 hat is to (iyjtem,
the Commons do pray, that (feeing our Soveraign Lord the ^ng
and his illujlricus Progenitors J?aVe ever been Lords of the Sea,
andnoitf that through Gods g'ace it is Jo com topafi, that our
Jmd Lord the ^tng is Lord of the Shores on botbftdes of the
Sea) fuch a tribute ?nay bee impofed upon all Stra?tgers f^ipfig
through the f aid Sea ^ for the benefit and advantage of our f aid
Lord
Orpnerjhip of the Sea.CnAF.XXlW. 5^9
Lord the I^tn^ > ^ ^^y fi^^ agreeable to reafon for ihe
(afegmrd of the [aid Sea, The Anfwer fubfcnbed to
this Bill was, Soit avlfe par le 7(oy, that i$, let the ^ir^
himfelf hee advifed of it. For, the King refidcd in France
at that time, bceing Lord of that Countric by Inheri-
tance JUid Conqueft, and Humphrey Duke of GloceHer
was Prcfident of the Parlament, beeingthen Keeper or
Lieutenant of E«g/dWii, by whom, as the Kings Depu-
tie, this kinde of Anfwer was ufually given to Bills,
as often as an aflcnt to them was delaied j but when
the King was prefcnt in perfon, le Roy s advifera^ the ^
iViU advifcy ferved in ftcad of an Anfwer from antienc
down to the prefent time, in fuch Bills as were not paf-
fed into A6t$. That is to fay , in thofe Bills eo
which the Lords and Commons had given their af-
fent before , that is, the Eftates of the Parlament of
England^ which is here efpecially to bee confidered.
For, mod certain it is, that, according to Cuftomj
no Anfwer is given either by the King or in the King's
name , to any Parlamentarie Bills, before that the Bill,
whether.it beet^roughcin firft by the Lords or by the
Commons, hath pafled both Houfes, as it is kno wa to
all that are vcrft in the Affairs and Records of Parlament.
And when the name of either of them is left out in the
draught of the Bill, (as the Lords are in that before al-
leged) it was wont to bee (upplied, as it is alfoatthis
day, by the brief form of Aflenr, which is added by
that Houf, to whom the Bill is lent and tranfmitted.
for, that Houf which firft prefer's it, tranfmit's it to
the other , who either give's an affent , or reje(5t'S it.
And when both Houfes have fo given their affent ,
then after a while , either the King give's his affent
, (whereby itbecom'san A^a.or Law) or elf hcelaies
.jitafidc, and (as 1 have alreadie fhcwn) take's time to
Bbb 5 advifej
380 Book IL Of the T>omimony or,
advift ; Neither of which is ever don by the King, ac-
cording to the courf of Parlamcnt , till both Lords
and Commons have firft given their affcnt. But the
whole form of the afore^mentioned Bill, which is full
of all kindc of ftorie concerning things tranfadted in
Parlament» is taken out of the very Schedules annexed
to the Bill, (wherein the Forms of this kindcof aflent
were wont cxprefsly to bee added) and regifterd ac-
cording to anticntCuftom, among the Records of Par-
lament, in the very fame words wherein it was at firft
exhibited, noexprefs mention bceing made of theaF
fent both of Lords and Commons which js annexed
to the Body of the Form ( for , the afTcnt of both fuf -
ficiently appear s, in that according to the courfof Par-
lament it was fo presented to the King) and the King's
aflent onely or intent of deliberation beeing added by
way of (ubfcriptioii , as 1 have (hewn. But moft of
thole Schedules annexed to that kindc of Bills which
relate to the more antient times [arc loft; whereas n«t-
withftanding the Records wherein they were wont
to bee regifter'd, have been carefully prcfervcd in the
ToiMr for above CCC" years. All which wee thought
meet to mention here, to the end that in the Bill before
alleged out of the Parlamentarie Records of Henrie the
fift, thefe three things may bee obferved, which make
very much to the point in hand. ftVH, that the Eftates
in Parlariient, according to the Cuftom of their Ance-
ftors, that is to fay, both Houfes of Lords and Com-
mons, beeing well-informed of the matter perhaps
by fom antient Tcftimonies whereof wee are bereft
by the injurie of time, did with one confent affirm it as
a thing unqueftionable , that the King of England is
Lord of the Sea : As it appear's alfo m that former
Record which relate's to the Reign of Edward the third;
for,
OvpnerJJjip of the Sea.CnKV.XXWl. ^gi
for, both the Bills arc placed alike in the aforelaid Re-
cords. Secd}}dlyyt\\ii the Sea whereof they Ipeak is the
whole that flow's between Frana and England - For
they (ay in exprefs terms, that King Henrys beeing Lord
of the Sea, was at that time Lord des cojies d am^e^rties
Jf / fwee r, that is, of the Coafis or Shores on both fyks of the
Sea^ or thofe that include the Sea on both fides, which
cannot bee underftood of any other or greater Sea,than
of that which was mentioned there immediately be-
fore : And fo it is in plain terms to bee taken of that
whole Sea. Thirdly, that thofe EJlates did not queftion
but that Tributes might bee impofed by autoiitie of Par-
lament, upon all ftrangers what(b€ver , whcrefoevcr
they pafs through this Sea ; as well as Cuftoms in Port;
And that they did not at all conceiv , that a Bill ought
to bee prefented touching that bufinels unto the King,
as hee was at that time King of France , but onely as
King of England^ that is, as Lord of the whole Sea
flowing between. And it is very improbable, and not
in reafon to bee admitted , that they would (b upon
deliberation (for both Lords and Commons ufe to de-
bate fuch matters a long time before they pafs a Bill)thac
they would, I (ay, fo upon deliberation require an im-
poSng of Cuftoms by the Ad of an Englijh Parlament,
io a place that was not fubjeft , as a part of the Roial
patrimonic, to the King of B/g/iwJ^as King oi England,
From hence it was alfo, that our prefent King CWfc
did this laft year declare , that himfelf and his prcgenitors
the Kin^s of England have in all times hitherto , by an antL
ent and moll juji title -^ hem Lords of this Sea ; to wit, in his
f Letters Patents fcnt to the Maritim Counties of England,
whereby fliip-monie was impofed for the defence of cfrluR*
his Dominion by Sea, Add moreover hereunto , that oaob. 20.
in the agreement made betwixt our a»4rd thefirft and /^«1634-
Gnie
^8i Book IL Of the Vominion, or,
Gm Earl of Flanders about the Wearing of Colors ot
Flags in every ftip, and punifhing ofFcndors by Sea,
* 1 28(5. feu William de %tjfl)\XW is called ' Mmiral dc la mier du diU
Vafk^'dT ^oj d Engletern^ or Admiral of the Sea of the faid J^ing of
fuferioritate, England. Other Teftimonics of the lame kindc there
ArceLondi- ^'^ ^" Records touching the Donninionof theSea, as
ncnfi. it hath been received and acknowledged according to
^he Common Law and Cuftom of our Countric,
which 1 fliall difcourf of in the next place, and after
that, concerning the Teftimonic ofForcincrs.
Of divers Tejlimonies in our o'wn Law-
Books, and the moft received Cuftoms,
Tphereby the Sea/Domtnton of the King of
England , is^ either afferted or admit-
ted.
Chap. XXlV.
THE fcveath of thofc Heads,' according to the
former Divifion , which manifeft the aforefaid
Dominion of the Kings of England^ relates to our
Law-Book's, and the received Cuftoms therein, which
prove it from the moft antient times. There are alfo
in them many Particulars that may relate hereunto,
which are explained now and then touching the Guard
of the Sea , the EngUp? Admiraltie , and other things
alreadie handled. But in this Chapter wee fhall ufe
cither the determinations and Commentaries of our
own Lawyers , or chiefly fuch Court-Records as ex-
plain their opinions» I confefs indeed in ibm of th£
.„ . Autofs
Orvner/hipo/the Sea.CHAF.KKiV. jSj
Authors of our Law who wrott above CCCL. ycats
a<Jo or thereabout, after they had (as the manner then
was) read through the Cml Law alfo , they were fo
ftridt in following thcffe determinations word for
word which they found concerning the Sea in that
Law, that when they treated de acqmendoEerum Dominio
Of tt)e manner of atqtiitins tlje 2>omimon of
tJjftigS; they tranferi'd them into their own Writings.
From thence itis^thatHewrjEr^fi^D^ , who was a very
famous Lawyer at the later end of the reign of Heme the ^ ^^^^ ^ .
Thirdjfaith, * Katurali jure communia funt omnia h^c, aqua de Return
TrofluenSja'er^ZjrMare^ <^ litcra Mciris qua ft Maris accejfo- ^'^^/^<'"^»
ria. i6ptt)e?iaxdof iiaatutealltljefe tljingsate Tl
common, tunning tdam> tl)e:aec,anDtl)^S)ea,
anD tt)e nt^otts of tt)e S>ea as accecrojties o; nepen*
Hants of tDe ^ea» Alfo, Mfida^ fi m mart five in li-
tore poftta fneririt, /ndificantium funt de Jure gentium ^ ^f
45mlDinss l3ee taifeD m tDe &tay o; updn tt)e
fb^e,tl)ep becom theirs tt)a( min t^em bptfie
5.atb of ii^atiOnS^ And a littlc after , Jus p'tfca?idl
ommhus commune efl in portu ^ in fluminihus^ a iEli8|)t Of
fi^ins is common to aU in a l^atenano inBf'
'\Xt%^ Which wee finde like Wife in ^ lorn other of our ^ Amor Fk-
Law- Books of that Age, as a pafTage that fell from foFn '^ ^'- ^'^•3-
Writers (of whom I fpake at large in the former Bo ok) ub'2'caf^de^
that were more afFedled than was meet with the Purchas.
words of Ulpian znd J ujiinian^ in the general divifion of
things. But thefe very men in o:her*p!aces , (hewing
jthc Cuftoms of our Countrie, do fufficiently admit
the King s Dominion by Sea. For Bracion himfelf after-
ward 1 peak's of them that by the King's grace and
favof ' quteti fint de Iheolonio <sr confuetudinibui Dandis per 2, cap. 24.
toturn regnum Anglia in terra i^ mari^ <(jrper totum ^B^- ^i.&^-fol
nt4tft torn per terram quam per mare , 2230 W 0)C0mpt0D ^^'^^7-
c c c from
184- Book II. Ofthe'iJomimon,or,
from papmg %ons mn Cuftouis , tlj^ougOout
tDetUljolcBinsDomof England mtfje^anDantJ
in tut &Ui ant tljjougOout tlje Oljoie mtagDom
l)0t6 b? Jlanll anD bp ^ea. And m the lime Kmg's
time a, freedom from fom paiments was granted co
* Rit. Tit. the Citizens of London '^per totim Re^mm tarn per mare
quamper terram, ttJ^OUSfjOOt tftC ttJtJOle BlngDOm
5 1 Hen- 3 .
as Xbra bp 5>ea as bp ^ana And ro 'Branon^
when hcc return's ro Ipcak of the Cuftoms cf our
Countrie, acknowledged that the Dominion of the
Sep. belong'd to his King no lefs then the Land. And
henceitcanfietopafs alio, that mter Capltula Coronet (as
they call them) that is to fay, thofe %n\t\tSOl C^ief
3^0al>S,wl^^rcofcnquiric was to bee made according
to the nfual cuftom, by Judges delegated throughout
r/'^^'^Co-"" ^n^'i^diox the confervation ofthepublick prace, wee
pcrly,when findc this allo, ds^UYfreJlurts faBii fi^nDuninum'J(e2em
a man en-
pe in Terra five in Mari,^c, iDf * ^OWtPitttttttS
or when a- ttiaDe ttpo^our Jtojo t^e Bing^eitljeron %mr^
ny thing is 0? iH 1^0 ^ w. 0? 1« ftteet Xdattts, eitf^cc tbitDm
nu?anceof mJLmttit 0? KDitDottt , 0? lu ati? otDec place
the King's IJ^f)atf0^beC. And ic is placed among the Articles of
Tenant», jj^jg j^jndc recited by ^ IBraSlon himfelf^ and in the ^ Au-
e L/i. 3. Jtf tor of the Book called Fleta. But in the language of the
Corona,caf,i, Law wee call thofc things (Pourpre/iures, whereby dc-
^\.foi.ii6K trimcnc is don to any pubiick place belonging to the
&iiS^. Patrimonie of the Crown, as a pubiick thorow- fare,
l^l.fl'^2o. ^ River, and the like : So that according to the nature
of this ordinarie Article touching Tourfre/iures , in the
general form of cnquirie, the Dominion or Ownerflhip
of the Sea is alcribed to the King, no lefs than of the
Land, or of pubiick Road or thorow fare, and River.
agreeable hereto is that Article about any kinde of fi^lc-
A^f -^bi vy^f6J*s beeing inclofed by any fubjei^ , or pofleflcd in
any
On^nerjhip of the 5^^.Chap.XXIV. 385
any other manner ; whish in the antient Records of
our Court of Adnniralcie is ^ixiiohtcAon^tothedifhm-
fon of the King. The words arc there, ^ Item /oiff«^M/5iie ^cod.Ms,
ceulx qui acrochent a eulx eaVes fakes en defherettfm du de Admiral-
(%. And at this day, cnquirie is wont to bee made, ^^|IJ;f';^^^'
abouc chat bufincfs, by Autoritie of the high Admiral. Admiral/at,
'Robert Belknap alfo , an eminent Judg in the time of ^"p^^-
^chard the Second, ^ faith that the Sea is fubje6t to the i-^^^.num.
King, as a pare of his tinglidi Kingdom or of the Pa- ^3-
trimonie of the Crown. His words in the Norman ^e.Rkb.z.^
congue run thus j Le Mere eft del ligeuns del 7(oy, come dejbn -^ p^'^^^f^
corme d' Angleterre. Hee added to his words, in a re- on. 4^.
markable way, ^ belonging to the Crown o/England, or <w
belonging to the Royal fatrimonle of England^ to the end that
no man might queIt!on,whether the Seabelong'd to his
King by the Right of the Kingdom of ^^/^^,or of the
Durchie of TSlormandie, or of any other Province in
France. Another alto, who wrote in the time of Henrie
the Eighth,faith,it hach been received by antient cuftom,
that ic is a ducie lying upon the King of England^ as Lord
of the Britifh Sea, to fcour the Sea ofPirates, and to ren-
der the ufe thereof as of a publick Road or Thoro w~
fare whofe foil is within his Pacrimonie) fafe for
Shipping;. For, hee expreflech himfelf in Englifh thus -^
*%fteltin5oftfteoulD Cttftome of tlje Beairae, i.w«germ.«.
astbea^oiDofttjenaccoOj^ea, igboattO,aStt /^^^^-psi-
is (at]), to (coute tt)es>ea of tt)e ^imtsnmpZ'
t(t tObbCtiS of tf)0 ^tH^ ^o much alio , as to what
concern's Dominion , is without controvcrlie admitted
by our *" Lawyers of later time. And ic appear's by pub- ^^^t^^f^
lick Records, conteining divers main points, touching 10S.& in^
which the Judges were to bee confuked for the good ^^^^^^^„
of the Common-weal in the time of King HJ«?4r3 the fe&.^^^^.foL
Third, that the King's Sea- Dominion , which they cal- ^^°'
Ccc z fed
7^S6 Book 11. Of the Dominion^ (bVy
led thtmtientfuferkritk of the Sea , was a matter out of
queftion among our Lawyers of that Age. But con-
, . fultation was had for the more convenient guarding of
dejuferh^i- it : For, the whole Bench of Judges were advifed with
tatettiari^, to the end (fo we€ read it in the ^Records ; and that is
Lorifc^Sriii. cfpecially to bee obferved which wee finde here about
thefirft beginning of the Naval Laws of the I fie of
Olerm, feated in the Creek ofjquitain at the mouth of the
River Charente) that the form of proceeding heretofore ordai-
ned and begun ^j Edward thefirjl^grandjather of our Lord
the I^ng and his Council , at the frojecution of his SubjeEls ,
may bee refumed and continued ^ for the rettining and conferring
of the antient fuperioritie of the Sea of England, and the
Autoritie of the Office ofAdmirdtie in the fame, as to the cor-
reBing, expoundings deila> ing , and conferVmg the Laws and
Statutes long fince made by his Tredeceffors IQngs o/Fngland,
for the mainteinmg ofTeace and Juflice among all people of'kfhat
HatimfoeVerpapir^ through the vS'ea o/ England j and to take
cognifance of allatttmpt to the contrarie in the fame j and to
punifh Offenders and award fatisfaBton to/uch as fujjer li>rong
and damage-^ Which Laws and Statutes tijere by the Lord Ri-
chard heretofore ^ing (/England, at his return from the holy
Land J interpreted,declared,andpuhlijhed in the J fie of Oltr on ^
a)td named in French I( l0p jDlp^OUIt^ Here you have it
declared as a thing mo&. received and certain , thac
the King of£^«^W hath, by antient right, been Lord of
the S€a, of the fame name, or that which flow's about
it. But that whereof the Bench of Judges were to con-
fult, wasonely about the orderly maintenance of this
right. Nor is it truly a fmall fign of this Dominion,
that Kchard the Fiift King of England, beeing in the JjJe of
Olerm, Which hee poffcffed as feated in his ewn Sea, not
fo much for that hee was Duke of ^quitain as King of
England (whereof wee have alrcadie fpoken^ did, as lole
Ruler
Ovpnerfhip of the Sea. C h a p .XXJLY^ 557
Ruler and Moderator of Sea-afFairst, firfl.publifh thpfih
Naval or Sea-Laws in that his Ifland, which hold ii;!.
force to this day, and from that time gave, thcm.fo large
and perpetual an Autoritie by that name, th^t as the
TiJWww Naval Laws (as the cafe ftand's) do prove, chat»
ibx Ehodiam in antient time were Lords of thq Grecian, ^
Sea ,. la the LawS: oiOkron having *"' obtcined (iich» Frdnce^'um.
kinde- of Autoritie by Sea, from their firft Inftitution, 34iu2.Ji^
muft ever declare the King of England ^s the Aucor,to bee yn^egnsj^,..
Lord of the neighboring Sea round about. Bucfom miuiii§,i9<-
printed Copies of thefe Laws, make them about fixtie
years larer than the Reign of that ^chard j by >vhat au»>
toritic, I cannot tell. For, they relate them to have been
made in the year MCCLXVI, which is the fiftieth year
of our Henrie the third. Alfo, in the Law of the Land,
it is reckoned among the Privileges of fuchasareab-
fent, that they, who fliall bee out of the Realm oiEn^md
at the levying of a Fine of any Land,, and imking Pio-
clamations thereupon , are not fo b^»m<k ekhier by a
yearly prelaiption, as heretofore, or by a five years pre-
Icription, as is ufual of later time , buc that their Right nstat.i^,
remain s entire to them i^on their return home, if they Ed.i.feude
make their claim, within the like fpaccs of time. Bu: ^•f'/g^/'^^*
intra regnum Xblt^tU tl)? JSlUtStlOm is by the fame Law cion.uL 5,
taken, and thacin the uiual phraicfor t' at which is ^^'"^fp^^o-
mtra (or as it is wotit to bee barbaroufly rendered infra) foi.^'^y,'^'^'
Quatuor Maria, HjitDintl&e ° fO«C^eaS,co wit,thc ^fd.s.foL
Southern , Weftern , taftcrn , and that Northen Sea I'i^l^i^^Q^
which wafheth both the fides of chat neck of Land, if <f|berbcre
whereby Scor/awi is united to 5/^/^^, That is to fay, ut Conti^'
within the outraoft bounds of che EngHll Erppire in nuaiciaim,
thofefour Seas, or within the oppofitc ignores of the ^j^^
Eaftern and Southern Sea or Ports belonging to other metLi^ftrn
Princes, and within the bpunds of the Northern and /^•359.>
Ccc 3 Weftern '^"'^''
%
588 Book 1 1. Of the Dominion^ or,
Weftcrn Sea, which indeed are to bee bounded aftei^
another manner ; but yet to bee bounded : that is,
accordirng to the extent of poflcifion Weft-ward be-
yond the Weftern Shores of Ireland, and by the firft be-
ginning of that Sea , which is of the Scotifh name
and jurifdiftion. But that which is oppofcd to this
Particle intra (fuutuor mma , tbitf)in t^t fOWC (tUSy
&€oZV 5^ *^^ "* ^^'^'^ ^«^'"^'' ^^'^^^' tbitijowt tDefour feas^
facobi K. ot to bcc in the parts fo beyond the Scas, that they bee
p4rt.8. foL beyond the bounds of the Sea*Dominion of the King
"vfc.llfel^- of England'^ from whence wee are to determine of the
toi^h bounds or exterior limit of the Seas. And althougti
the Land of England beefomcimesufed for that which
is the whole Realm , or EngUfli Empire, as fignify-
ing the fame, a more ordinarie and indeed more brief
cxpiefsion beeing applied (as is u(ual) in ftcad of a more
large; yet it certainly appear's, that extra quatuor maria^
VDitHom tl^e fOttt feaS, and mr^ %w«w, ttitft'
out tt)^ SK^alni; do in our Law-Books (ignihe the
very lame thing (that is to fay, fo far as the extent and
latitude of the whole Englifh Empire is comprehended
in the name of Realm, not as the Realm of England^
p Cote,|>rfrt. is now and then diftinguiflicd in ^ our Law from
I'i^UL^t ^^^^^^^-i which alfo is a diftind Dominion of the fame
Empire , or from the other Iflands which are recko-
ned in the Roial patrimonic of the Kings of Eng-
land. ) For , it is ufual in the Language of the
Law, fo to defcribe him, who, in that lenf, (hall
bee out of the Realm. And whereas in the Reign
of Richard the (econd to an objcdion made againft one
that would avoid the yearly prefcription as not bound
^IFftftcr- ^y ^^> ^^^ ^^^^ ^^^ ^^s "Ot in England, it was excep-
tert, tit. ted that hee was in Scotland^ and fo within the four
Cto^"it ^^^i It was thereupon ^anfwer'd and rufd by the
Courts
f
OmerjhipoftkS'ea. Uhap.XXIV. 38^
Goiux, that the Exception was of no (oicc, for that
Scotland was not within the Bounds and Limits of
E7igLml So chat «jttljm t^e fOUt 5>eaSj and mt^iXt
tt)C i^CAltn, fignificd one and the laitic thing 5 from
whence thde terms, Ottt Of ttje KeallH, and tbttf)-
out tlJC fbUt S>r(l$ , becom one and die fannc alio;
y 0 /(ft? i«r 0/* r^^ '^alrrtj is very ' often tepcated in this
fcnf alio, by Littkton, the moft excellent of all bur 'J'^'^^'^'^'
Law-Writefs , fignifying no other thing than what
heerenders it in ^another place ;, by one who ala m- sSecf.677.
Tim lemen, ctoff 00 tfte ^0«, or,ttenttepon&fea* ^ ^^^^/?'
trom thence alio it fcem's co have proceeded , ^^^^r ^0!°^^«^'
whereas with us, among the feveral temporal cxcules fart.i.fol.
of Defendants , who arc fumraoned to appear '^^ V^rj-ff^"^
Court (in our Law wee call them ^EJJoins) there an'ailcdg-
are two alleged, whereof the one is Inticted i/e «/rr^ mcnc ofan
Mare ^ the other De Malo romlendi ^ and' this latter is him that
allowed to him that is hindred by any kinde of mif- isfuramo-
fortune whatfo^vcr, npith'm the Seas, or on this fide of fough^Lr ;
the more remote bounds of thofe Scas^* which be- to appear,
long to %/W; but the former to him who livc's J^^iraal'
"i^ithout ^orhymd the Setis^ belonging to the Englifh Em- on. Itisas
pire ; From thence it feem's . I (ay, to have proceeded, '""^^^ ** f^"
K ^. r I » r ^^f^^^° With
that,m former times, when there was a more trcquent the Civili*
ufc in Court of this kinde of excufes , a Defendant »"«•
beeing abfent in leland^ might lawfully make ufe of
the latter form of Bffom, but not of the former. Never-
thclefs, if through ignorance hee did make ufc of this,
it took on the nature of the latter, that is, Wholly quit-
ting all its own nature, it depended upon this, that the
Defendant, according to the more vulgar (enf or ac-
ception, lived beyond- Sea. For, according to received
Cuftom, the nature of them both was fuch,thacvvhen
any one might lawfully ufe the former^ hee might alfo
after
\
400 Book II. Of the T)ommon, or,
after a while likewifc enjoy the benefit of the latter. But
in the faid kinde of Effoins or Excufcs, ihc former not
Bering lawfully made ufc of, bw yet turned into the
latter by conRruftion of Law, left it fliould beconi
of no ufe , there vws no place for the latter ; to the end
k might not bee iterated comraric to Cuftom. The
matter it felf was thus decided in the time of K, Hen-
rie the third, as it isdefcribed by Henrie ^raEhn^ after
,^.^-j^^^^ this manner. EUo, faith * hce, quod quis fe EJfonia-Ve-
deEjjoniis, r'tt Je Eemiaquafide ultra Mare -^ attomatur Effomum illud
caf.%.i,2. ad jmflex Uffonium de Mak fVmkndi ut coratn Martinode
" l&flttfC^ttl ^^« "^(i^^Oy anno 'I(eg« Henrici Sexto de CiL
berto Marijcdlo: ^ Cecilia uxore ejus <sr Allano de Hyda^qm
rvocaVtt ad Warrmtum WiUielmum Mari/callum in Comitatu
^tVli\)i!OKiti '& qM fi effomaVtt de Ibernia , ^ non fuit
aUocatuntj ^ foUea fecit de hoc quod aliud efjonium demah
^^.r*''' '^V^iw^i ad ahum diem non fuit allocatunu So much wee
findc alfo in the anti^nt Autor of that Book entitled
« jj/;. iih,6. " R^^^ Doubtlefs, Inland is no lefi feated beyond fea,
C4f.8. than fcithei Fr<iwc< or Spain, unlefs you take that decifi-
on, as relating oncly to the Civil notion of this kindc
of fitUation J to wit, that it is not fituate beyond that
Sea which is a part and Territorie of the En glifh Em-
pire , but placea therein , and comprehended under
one and the fanne Supreme Power with England-^ and
(b that an Excufe or Ejjoin de ultra mare , is not in that
, Mj. foi kinde to bee admitted. In the antient ^ Records alfo
li^- concerning theCuftoms of our Court of Admiraltie,
wee read ic was an ufual Cuftom in the time of King
Hmrie the firft (who died Atm Bom. MCXXXVl) and
of other Kings both before and after him, That, if any
man accufed of a capital crime don by Sea, beeing pub-
lickly called firetimes by the voice of the Crier, (after
(b many fercral daies aligned) did not make his ap-
.i.if. pc3rancc
Ownerjhip of the Sea. Chap.XXIV. 391
pearance 10 the Court of Admiraltie, hce was baniflicd
out of England «^ de tner appurtenant: au ^y d Angleterre^
or out of the Sea belonging to the ^ing of England^ for four-
tie years, more or left, according to the pleafureof the
Admiral. Other particulars there are that relate here-
unto about A(5lions for matters arifing in this Sea, that
were wont to bee entred in exprefs terms heretofore,
in the ^ ordinarie Courts of our Common Law, whofe I^L^^^
Jurildidtion was ever efteemed of fuch a nature, that an r/^.^atjoioifc
A(5tion inftituted' about a matter arifing in any other ^J^^' ^J^'^'
place than within the bounds of the Realm , was by Hen,i.K9t,
the antient ftri(5t Law, alwaics to bee rejected by them. V^: -^^^'
After which manner as it hath been a Cuftom now ^yi-jen.^, '
for many years, that an adion ought to bee rejected, ^ot.io.Trin.
unle(s the matter have its rife within the Sodie , ( as ^RotJili^'
they call it) of the Comtie , that is, within fom Pro- Trm.i^Ed,
vince or Countie of the Ifland, ufually given in charge fj^^e^^
to certain Governors or Officers, known to us by the inter plifee
Ti2mco£ Sheriffs. So alfo is it in this Sea- Province, be- ^^5"?*^.'
longing, by the antient received Cultom, to the high Londineniis
Admiral, or his Deputies , not onely Co far as concern's c^^i?^^^:.
its defence and guard, but alfo as to matter of Jurifdi- J^m ^^t
dtion. So that at length it is manifeft, that theSca-Do- a^^a.
minion of the King of Englofid^ is without controverfie •
admitted and aflerted alfo, both by the Determinations
and Cuftomsof the Law of the Land , and by the ex-
prefs words of the Writs and Forms of the Adions
themfelvs. r \
Nor is that of any force at all to the contrarie, which
ekhet our Countrie-man ^raBon the Lawyer, (as hath
been faid) or (bm others , of late as well as antient
time, that are Followers of him, but in too carelefsa j^-^.w
manner, (while they * fet down the Inftitutions of our AngUcani nb*
Englifh Law) have unadvifedly uttcr'd by the way, ^•^^•^•^'^'
Ddd touching ^' "**
\
^9i BooklL Of the Tiomimoriy or,
touching thatamient communidcof the Sea; and of
Fifliing alfo in Rivers, according to the Bocks ofjujli-
mm ; as if liich a kindc of communitie were admitted
in our Law. Truly, that which they have folet flip,
is not fonnuch to bee taken as contrarie to the known
Law of the Land in this particular (for, even ^raHcn
himfclf, as I have fhcwn, hach divers other pafl'agcs
that iignifie this Dominion of the King) as it is to bee
reckoned foi fom of the reliqucs of Ulpian^ or of the
School of the Imperial Law, too flighciy and carelcfly
^ added by the way in writing. And the like may bee
^m,Ms- f^i^ of ■ one or two more of our Writers , who after
jn^ecuio the manner of reafoning, received for the moft part
rumj'iL2.& in thc Imperial Law, touching the middle of a River,
joMties and an llland rifcn therein, do by the way , but igno-
mrXBrlfan. ^^^^^Jy make the middle of the Sea flowing between
fng.2 1. to bee the bound of this Sca^Dominion of our Kings.
Moreover , the fame may bee faid likewife of thc
hjmoi6o2 ** Commifsioncrs of Queen Blifabeth^ who treatingat
Tn'^in'jn' ^^^^ ^ith thc Commifsioncrs of Chrifliern the
nhUbiuj'om, foutth King of Denmark^ about a freedom of Navi-
Ed'^'L n- 8^"°^ through the Northern Sea, objeda perpetual
dinenf communitic of every kindc of Sea, from the Law of
Nations, denie a Dominion, and wrefl other things
by way of Argument out of the Writers of the Im-
perial Law , which arc clearly contrarie to our Eng-
lifh Right, as alfo to thc InterVenient Law of Nations,
which hath continued in force for fo many Ages about
the Dominion of the Sea. Either ,1 fay , the fame
muft bee faid of them, or elf that they did not (b
much make choice of Arguments which they thought
were tme, to ferv the prefcnt occafion, asof /uchthat
might (eem to have the greaBcr force and autoricie a-
mong thofe Qvil Lawyer» with whom they were in
Trea-
Oyvnerjhip of the ^y^-^.CH ap.XXIV. 595
Trcatic. Nor is it a new thing, that CiVtllans fhoiild
fpeak of a natural and perpetual communitie of the Sea,
even v^'hcre it is moft certain that a Dominion thereof
is admitted from all Antiquitie , in the very Tcrritoric
wherein they them(elvs are comprehended ; as 1 have
formerly declared. There arc alfo very many Rights
among us , belonging either to the Exchequer, or to
fuch as enjoy the Right of the Exchequer by Grant from
the King, which fom conceiv to bee grounded upon
that Sea-Dominion, whereof wee difcourf : As the
confifcation df Goods derelift in the Sea, and of fom
of the greater fort of Filh, as Walc-Fifhes , Sturgeons,
and others. And for the moft part that of the Satyrift
hold's good,
*" ^kciuidconj^kmmpHlchrum(j'^ ex aquore toto eH, <^ Juvenal
*l\es Fifci ejl ulicm^ae natat. .. ^ ^'^^'
(StDhSititi^t ita Of anptbojttoano note,
iBelong to tb'CDeQuer Mmtoz u tl)ep flote.
Befides wreckt goods caft out afllore , when no li-
ving creature belonging to the fliip remain's alive. But
thcfe things do notoncly appertain to him that is Lord
of the Sea, but fomtimes alfo to others in otheft^a-
tions. And they for the moft part depend^ cither upoa
the Law or Cuftom of Com Land , as in the cafe of
Goods caft afliore, or of fuch as are found and impor-
ted 5 or elf upon a Right over (uch Per(bns as fliall firffi
poffels them, as in the cafe of any Goods whatfofiveft
derelid or found in the Sea, and others of that kindc.
Therefore I thought ic not meet to drav^^lho(e things
here iqto Controvcrfic,
Ddd z Som
594- Book II. Of the Dominion, or,
Som antient Teftimonies of lefs account,
touching the ^ea/Dominion , vphereof y^iee
Treat.
Chap. XXV.
THE lafl head in the afore-mentioned Dividon is
concerning fom Teftimonies of a leflcr account.
There hath been a piece of Gold very often coi-
ned by our Kings, called a T^oye-woWe, which was ftampt
upon one fide of it with a fliip floting in the Sea, and
a King armed with a Sword and Shield, fitting in the
fliipitfelf, as in a Throne , to fet forth a Reprcfcn-
tation of the Dontiinion of the Englifli by Sea.
The firft Autor hereof was Edn>ari the third ^ when
* IhrnWaU
ftngbam
1359. feu
33 El^.
CMf.y.
hec guarded his own Sea with a very numerous Na-
vie, confifting of * Eleven hundred Ships ; at which,
as at other times , hce marched viftorioufly through
Frame. Queftionlefs, our Kings in a manner follow-
ed the exzvnflc of CMtisAlleEiu4 in this particular, who
having gotten poflcGion of the Britijh Empire , (as
was flicwn "• before) exprcffed his own Dominion by
fuch a kinde of Coin. This patcrn, which I have placed
here.
07Pner/hipo/theSea.CuA?.XXV. 595
hcrc,beIong's,I fuppofc, to Edward the Fourth. And in a
Book ' lately fet forth in France of the Coins belonging « figures des
to the Frewr^ Kingdom there arefom that were ftamp't »»•«»>" ^*^
by thofe Kings of England who were alfo Kings of ^/^T<.
France»Bv\z that thofe Infignia of a Ship, the Sea, a Sword,
and aThrone,did relate to the right of thcCrown of ^^^
hnd, not at all to that oi^ France , cannot bee doubted by
any, who fhall obferv,that there is not the Icaft imprefs or
print of that thing to bee found in thofe French pieces,
that were coined by the Kings onely of France. And
whereas there are in the Coins oiZeland , certain repre-
fentations of Sea-Dominion^ as a Lion ifTuing out of
the Sea, and other things of that kinde. yet truly that
is but of late time , and in no cafe a pointing out of Do-
minion (ifyou except their Ports and inner fpaccs of the
Sea included within their Iflands ) but onely of the
kinde of life and (ituation of the people. But the afore-
faid EngUp? Coin had an infcription upon the revcrf
(which is not unufual in the gold Coins of our Coun-
trie) taken out oftheGofpel, viz. Jefns autem tranfiens
per medium illorum that , which ^ Com have conceived was ^ ^P"^ ^w''-
a fentence in ufe among the Chymffts, who by a cufto* 51^111^8^0
marie profanation of the name and paflage of our Savi- pdg.?o6.
our,thougbt to fet forth the majcftic and dignicic of that ^^^'•'^'^*
Art of theirs, which refined the gold for thelc Coins
in the time of E/»W the Third • Others, that it ferved
for an Amulet or Charm to make a man invulnerable
or Shot-free. Wee finde indeed in fom * Lawyers, Qfj^ai^ur
that theft words arc placed among thofe, that arc ufed traa.de
by men brought under Examination upon the Rack, to Sj.^|J:f
eafe and drive away their pain ; Touching which it is ^.mm.13 . &
not worth the while to fpend any farther Difcourf. But H-
as for the meaning of the imprefs on the other fide of the
Coin, it is thus explained by a certain Verfifler^whofc
Ddd 5 mttm
35^6 Book II. Of the Dominion, or,
name is unknown, but hee wrote in Bi^tjh Rythme,
in the tinne of Hmrk the Sixt, touchm^theconfer^ation of
m.inWib- ^i^g Government of the Sea^;
lioth. Coc- -^
vta^' ^" fo?{bucett)tossotttiI5oWefli)en)et0tome,
luc9 anted- . -,, r i i .
Mo. But his intent is , earnertly to perlwade the EnglilJ?
that it is their main intcreft diligently to guard the Sea
(whereof the Kings oiBi^land are Lords) and to defend ■
it with all their might , as the perpetual prop and fup- 1
pott of their Empire. Hee faith alfo, that the fame 1
advice was given by the Emperor Sigtfinund, at his enter-
view with our Hmrk the Fifth, for the procuring of
on peace b:twixt him and Qjarh the Sixth King of
france. Give mee leav to fet down his words.
%\St tcui pmeffe of €n0li(|) poltcfe
£)f uttetttjatti to beep tt)ii$ resion
£)f one CnglonO (tt)at no man map Denie
^o; rav of foott) Dut It t£i one of tDe bed) \mt%
j£i tOtSitDat Xdt)o feett) s>outt),ii^07tt) €aft,anD
Ct)ett(%) mei;ct)anOife,bGep tl)e:^tmicaitte,
%^i W I» Cadets of tt)e nan:oi[^ ^tt,
fQ% sigifmund tfic gteat Cmpetottt,
( irat)ict) pet cetsnett)) tt>t)en tie U)asi in tf)t£( lono
mxi^ Bms ^^«n"e tfte fift, ^?(nce of fiononr,
^ei:emttcf)sIo?p, as^tm tDongOt, Defbunti}
;^ mist)tte lanD »)t)ic{) Dad taken m t)ano
Co «jam in France, anD mafee mo?taiitie ,
:^nD eijec.tbeU^t (onnb aDont t^t ^u,
%x\Xi to tDe Bins tljns Ije faio, ^p bjotfjet
(OTften De pcrceiujo tU)o toibnscaiys ano Dover)
^f
Oi(i:>n€rJhipoftheSea,CuA?XXV. ^97
£)f an vmt totbns to cftufe, of one anti otfjer,
Xo ftrep tl)e ^ea anu foon to com ober
Xo ittctrc outtuatDs aitO pour retgn to recobet,
Beeptftcfe tiuo tDtt)nsrui:e,attDpcwflpa|ea(e,
:as pour tibepne epne^fo beep tbe i&arroiD ^ee*
5foz if ttjts ^ee bee feept, in time of M)am
Sii!it)o can ])ere paae tt)itf)out Danger anD ttx) i
ea^o can eficape ^' U)l)o map mifcWef Differre
am&atmarcl)anD!e mapfo? bpbeagoe;'
f 0? neebs fjem mua tafte treibes euerp foe,
Mandeis anb ^paine, anb otl)er, truft to me,
©? eife l)mb?eb all Fo? tljis ^arrott ^ee*
What is conteincd more at large in thcfc RhythmcSj
you have thcfenf of icconcra<^ed above in few words,
it is not worth while to render the words then:ifelvs.
The iamc Verfifier alfo proceeds thus j
6ttt Sins Edward mabe a Cege ropall
:^nb xbanne tf)e tolbn ; anb in ({)eciau
mbe ^ea tbas &ept>anb t()ereof t)e xbais; Ho^ -,
X^ns mabe Ije * iiobles comeb of 3aeco?b* : ^y mus
here are
- , meant the
Wee have alio divers othar very large Domcftick Tc- Rofe-Nobies
ftimonies of this thing , which are added in the next ^^t^ ^^
place, beeing mingled together with the antient Recog-
nition or acknowledgment of forein Nations concern-
ing the fame.
IW
59? Book IL Of the dominion, or.
That the Sea^T>ommon of the Kings o/Eng-
land is acknavpledged by Foreiners, whom
it moft concern's , by their ufual ftriking
of Sails J according to antient Qufiom. Alfo
concerning two EdiBs or Ordinances that
latere fet forth about this Things by the
IQngs (?/Prance.
Chap. XXVI.
WEe are com now to Foreiners. And ic is clearly
eyidcnc, by what wee have difcourftd before,
cither touching the limits fet for Navigation by
the King ofEngland, or the Licence of paffage through
this Sea often defircd by Petition, that fom of them have
indeed acknowledged this Dominion. But there are
two Teftimonies more notable than the reft , which
fliew (if you confider chiefly, as you ought, their bce-
ing Neighbors , and (iich whom it concerned) chat
they generally did the fame. The one is the ufual
ftriking of the Top-fails , by every Ship of any Fordn
Nation whatfocver, if they fail near the King's Navie
or any Ship belonging to the fame Navie in the Sea. The
other is a Libd publifhed of old, or a Sill of complaint in-
ftitutcd, wherein very many forein Nations heretofore,
in the time our fii«^4rd theFirft, did all together, and
by common confent with the Engli^^ acknowledg the
Dominion of the Kingsof E«g/<J«^by Sea. Whereto I
ihall add alfo a particular declaration of that kinde,made
by the Flemings JLn an Ambafiie to our Edward the Second.
But
Orprjer/hip o/the Sea.GiiAv.XXVl. ^^^
But that the ftriking of Sails is don , not onely in ho-
nor ofcHc En^li[h King, but alfo in acknowledgment of
his Soveraigncie and Dominion in this Sca,is,l (iippofe,
aching out of quertion. Certainly, the French cannot
doubt of it, who, by fuch a kinde of ftriking, Would
have had themfelvs heretofore acknowledged Lords of
our Sea ; but in vain. That is to fay, they were as much
over fcen in the former Age, in fctting forth two Edids
or Ordinances, to require and ratific fuch a kinde of
ftfiking S"a Ito thecnlelvs by all Foreiners, as they were
in fo raflily vindicating the Sea-Dominion of the King
of Bi^land. Concerning thofe Edids wee fpake before
in the * former Book j Neither of which was received * '^^' '^*
as valid in any Court of Juftice, according to a decifion ^^^"f^p;^.
made in the ^ fupreme Court of Parlament, which wee dt. i utom..
have obferved alfo in that place. Yea,and here i fliall fet '^•-^'SO'^pi'
down the very words uftd by LudoVicus- SerVtnus AdvO- j^c^.
cate general co the King ol France^ to magnific the Auto-
ride of thofe Edids or Ordinances, at the time of that
Decifion. The one of them beeing fet forth by King
Henr'te 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 thofe , who required a
ftrikingofSailtothem in the name oftheFrmcfeKing,
even without the bounds o( France (for, the words of
the Edids did not relate onely to the Sea confining up-
on France;) upon which ground alfo they offcr'd vio-
lence to certain Hamburgers who refuted to do this, and
leizsd them as guilcie of conterapc againft the dignitic
and Dominion of the French by Sea;, But as to this
thing, faith 5'erVm«j, it may bee faid on the contrarie.
That the (Edicts or) Ordinances of the Realm making in-
junBion to Jlrike and com ahoard, have not been obferVed
and are not to thi^ day -^ ^nd it doth not appear that of the
E e e year
ij.00 Book II. Of the Dominion y or,
yzar I 555. hath been <ver'ificd in the Court of Tarlament , i?uf
the Defendants do report onely an extraSi out of the 'f^egtfler
of Broiiagc ( which indeed is evident enough when
d Servinus, tUzt EdiSi is objedted by the ^ fame man.) Kforeoyer^ it
£25"!''^' vvas an old oblbletc Law, and that f^hkh probe's it^ is the
new Ordinance of the year i 584. For^ there had been no need of a
new Law if the old one had been kept ; ^nd mtwhhfianding thht
thi laTt hath not been Verified fimply , but as it Tl?as promoted by
perfons in Tower at that time , it did not pafs ti>ithout reft-
fiance, but Tifas (l(egiUred and VMiJhed l^ith the Q^lific4tion
nqiured by the Procurator General^ at the charge of the Exe»
cutor , according to the antient Forms , andfuch as the Officers
of the ^dmraltie had made in former time, Mthout doing any
thing anew. The former EdiEi , which was objedted,
was never admitted by the Eftates of the Realm j for,
nothing of that matter is to bee found in the Records
of Parlament, which is the proper place for a Teflimo-
nie of its admi(sion. But the later was indeed admitted,
though as to any effe6t of a Law , cither ^t that time to
bee enacted or introduced , or as received before into
Cuftom, it was plainly rejc(5ted , and that at the inftance
of the King's Procurator . who defired it might bee fo
qualified, as you fee, that what was grounded upon an-
ticnt Cuftom, it onely might bee ratified, even after this
Edi6t was fo admitted in favor of fom great Ones.
Which was difcreetly don • fteing both the Edids were
extremely contrarie to the Cuftom of their Neighbors,
yea, and of all Poreiners. But as to the bufincft of
ftriking fail, which they would have to bee a Ipecial
Sign or Pledg of their Sovcraigntie and Dominion in
thofe Edicts, which notwithftanding , upon fecOnd
thoughts, were rejected afterwards in Law (as hath
been fliewn 5) truly, it having been ufually and perpe-
tually acknowledged due for (b many Ages to the
Orpner/hipo/theSea.CnAP.XKVh Aoi
BngUp?j and performed accordingly both by flranger^'
and by the French themfelvs ( as a matter grounded
upon long prefcnption) can bee no flight argument
among the French, to confirm chat Dominion of the •
i&g/r/^,"C^ hereof wee treat.
Moreover, it is affirmed by all chat arc ufcd to the
Sea as a thing out of Qucflion, that this intervenient
Law or Cuflom of finking fail hath been very ufiial
to the Efi^ifh and other Nations j And that it is very
ancient and received for above four hundred years,
appear's by this , that at HaU'mgs, a Town (icuate upon
the Shore of Sujjix ^ it was decreed by King John, (in
the fccond year of his Reign, or of out Lord mCC)
with the aflenc of the Peers . that if the Governor or
Commander of the Kings Naviein his Naval Expe-
ditions (which were all in that Age upon the Southern
Sea) fliail encontre fur la mer (fo the words run in the
^ Norman Tongue) aucunes TSlefs ou Vejfeaulx charges on c Ms.com-
Voide, qui ne Veville?it aVakr c^ abeijjer leurs triefs, an ^^^t^^-dj
commandemefU du Lieutenant du 1\oy ou de I' Admiral du ^\^^\ rj^
Roy ou fon Lieutenant , mats Combatant encontre ceulx de la fo/.28.«.
ftote, que, fil^ puent ejire pris , quils fount repute:^ come
enemks , ^ leurs TSlefs "Veffeaulx ^ hiens pris O* forfaits
come b'mis des emmies^ tout fcit que les MaiUres ou poffef- ^
fours i keulx voudroient Venir apres i^ alleguer mefmes
les TSlefs (vefjeaulx <s* hiens tUre des amies du %)y no^
Jlre feigneur j <(sr que la menye ejlant en iceulx foient
chaHie:^ per emprijomment de kur corps pur leur re-
heUete par difcntion-^ That is to fay, p^all meet any
Ships ^hatfoever by Sea ^ either laden or empty ^ that
fhall refufe to ftrike their Sails at the command of the "
l^ing^s Governor or Admiral , or his LieVtenant , hut
make refiUance again fl them "^hich belong to his Fleit ^
That then they (ire to bet reputed enemies if they may bez
Ecc 2 taken,
^oz Book 1 1. Of the Dominion y or,
takm , yta and their SInps and Goods bee confifcated as the
Goods of Emmies, And that , though the Majlers of
Owners of the Ships Jhall allege afterwardi that the fame
Ships and Goods do belong to the friends and Allies of
our Lord the Kjng^ '\But that the Terfons , ^hich fhall
hee found in this kinde of Ships , are to bee punijhed
fli^ith imprifmment , at difcretton , for their %eheUton^ It
was accounted Treafon, if any Ship whatfbever had
not acknowledged the Dominion of the King of
England in his own Sea , by ftriking Sail : And they
were not to bee proteded upon the Account of
Amitic, who fliould in any wife prcfume to do
the contrarie. Penalties alio were appointed by the
; King of England , in the fame manner as if men-
tion were made concerning a crime committed in
fbm Tcrritorie of his Ifland.
J T(ecog^
*■ . ir
Orpner/hip of the iy^^.CnAP.XXVII. 4,05
cj^ "^cognition or Jcl^owlecl^ment: of the
Sea-^Dominion of the Kipg of England^
made by very many of the Neighbor-
Nations round about, in an antient Libel
publickly exhibited, or in a 'Bill of Com--
plaint in^litutedhy them^ together mth the
Englt/hy^^3iit?A^^R^ner (jrimbald Govcr^
nor of the French Navie. AJfo^ touching
a- ''Recognition of this kinde implied in his
"^Defence.
Chap. XXVII.
THe other Teftiraonie concerning the Recognition
ofmoftForein Nations in this particular, is that
Ubtl or Bill of Complaint heretofore inftituted
by very many Nations together, wherein they unani-
movilly declared the King of England and his Predc-
cefTors to bee Lords of the Sea flowiug about , and
brought them to give an acompt in a Court of Judi-
cature^ who prefumed to violate that Right : For the
well underftanding whereof,! fhall relate the whole
matter more at large.
A war being on foot between our Edward the Firft,'
ao^d King Philip the fair of France, it was (b concluded
fonatimes by agreement^ that there might hot withftand-
ingbee a Frecdona of Commerce on both (ides, and
ib a Truce with all Merchants whatfbSver on either
fide; but as to other things, hoftilitie proceeded in the
mean tiinc (as it was wont) betwixt both the Nations,
Eee J This
^of Book II. Of the Dominion^ or,
« Kot.ciauf. Jhis fpecial kinde of Truce was called ^ Suffmntk
ls]\»eL\m€x. guerr^y fttffetattCe of Va&Xy and during wai , there
Memhran£ vvcrc ccrtain pcrfons appointed by both Princes to
l^nnil'f" ^^^^ cognifance of things don contrarie to this Tm:f,
2 2 Ell. ad and pa(s their Judgments, according to the}" Ilaw or Cujiom
Vvff'pf^^' of Merchants^ and the Form of Sufferance. After a revo-
26 Ed. I. lution of iofxi years (wherein this kinde of Truce took
fart.2.mem. pj^ce, and fomtimes not) a League was made in the
cFi^Llnte' year of our Lord MCCCIII. which is the one and thir.
grum babetur ^eth of Edmrd the firft. The firft Article of that League
manJl]:^i^' is, ' that thofe Kings fhould not onely bee atanoitie
Ed. I. Mm- with each Other, but alfo that they Ihould defend one
hrana 2. another in all manner of Rights , againft any others
whomfoerer, except the Church of !^owgj and on the
part of the King of iBwgWj his fon in law John Duke
of Brabant j but on the part of the King of France, aU
hertui King of the 'Romans , and John Earl of Henault.
But the third Article thereof (for the firfl and third it
of finguUrufeinthat L&/ or Bill of Complaint, as
will appear by and by) is this, Item 11 eji accorde qe Im
ne receptera^ ne fuflendra, ne confortera, nefera confort^ nt
aide as Enemies de l autre, ne [off era qu ils eient confort^ fouc-
cors, ne atde-, foil degent d' armes^ ou de njitailes , ou d' au-
tres chofes queles q eles foient defes terresou de fon polar, mtiis
adiondera fur peine de forfature de corps & d' avoir ^ empep
ehera a totfonpoair loiaumenten hon foi qe Us dlts emmles m
foient refceipts ne confortes es terres defafeignurie ne defon polar,
ne q'ils en aient confort foccours ne aide foit gents S arifies, des
cheVauXy d' armeures^ de njitails , ou i autres chofes queles q
eles foient : which is in Englifh to this efFcd:,. that^ac-
cording to this contract of amitie, they were neither of
them in any wife tocherifh the enemies of ithe other,
aor fufFcr any kinde of aid or relief to bee afforded
chem in their Territories. Th^ warr bccing thus ac
aa
Ovpnerjhip of the ly^/^^.CHAP.XX VII. 4.0J
an end becauf there aro(e very many complaints con-
cerning injuries don up and down , as well in the
more open as in our own Sea, during the (pccial Truce
aforementioned, but alfo it was probable that others
of that kinde might arife perhaps after the League was
made , e(pecially by reafon of the differences at that
time betwixt the Frfwt King and the ^2t\oi f landers -^
therefore Commifsioners were appointed by both
Princes to hear and decide them. And thofe at that
time on the behalf of the King o( England were ^hert ^ Rot.Pat,
demtSt^ttf^t Conflable of Doyer CafWe, ^nd John ll^^^;\'^^^
de |&0itl(Itl0H ^tiward of Tontoi/e, BaraUm de )S)0f- uit.jmu.'
Ca<S, 2nd Arnaldus ^PQU^itl Knights 5 on the French
King's behalf were appointed the Lord SaquiHy^ Mitto*
nlus ''BlanVtUm, Bertrandus Jordanus, and Gulielmtis Rdla.
jlmftus^ Knights alfo - To the end that they might take
cognifance (fb it is in the King of England's Commif-
fion) des enter prifes^ meFprifes ^ o* farfaites en Trfi^e ou en
Sufferance^ entre nos ^ le dit Roy de France^ d^ m part ^
i autre ^ es cofteres de la mer d* Engleterre <5r autres per deced
O" aufint per devers Normandie <s* autres cofteres de la mer
per de la ; that is, of encroachments^ injuries and offences com-
mitted on either fide in time either of the League or Sufferance y
or, of the Truce agreed on between Us and the faid f\ing of
France^ for freedom of Commerce onely, either upon the Sea*
Coafts of England , or any other neighboring Coajls of the
Sea, either towards Normandie, or others more remote. But
the aforefaid parties were autorifed by two Commifsi,
ons, infuch manner, that the one Commifsion con-
tained four , and the other alfo four, an equal number
beeing appointed by both the Kings. They both beat
date the laft day of June , MCCCIII. To thefc Com-
mifsioners or others of that kinde, the Liie/ was joint«i
ly exhibited by Procurators , on the behalf of the Prco
lates
/^o6 Book II. Of the dominion, or,
lates and Peers of Bigland^ alfo of the high. Admiral cf
Eii^land^ yea,andot the Cities and Towns throughout
England.^ and laftly, of the whole Englifli Nation, and
others lubjed to the King of England-^ and how this
could bee don ochcrwile than by autoritie of the Fftatcs
in Parlament , is not to bee imagined. With thefe in
like manner were joined the Procurators of mod Nati-
ons bordering upon the Sea throughout Europe, as the
Gemefis ,CataloniaHS J SpaniardsjAlmams ^Zelanders , Hollanders^
Frkjlmders^ Danes^and Norwegians ^tCxdts others under the
Dominion ol the Roman German^.m^itc, All thefc to-
gether inftituted an A(^ion or Complaint againft l^eyner
Grlmhald^ who bceing Governor of the French Navie,
had, during the war between King ThtUp ofFrance^
and Gule Earl of F/^w Jen, intercepted and fpoiled Mer-
chants of their Goods in this Sea, that were bound
for Eknders* And all thefc Complainants joindy iay,
that the King of England and his Predcceflbrs , have
time out of minde, without controverfic , enjcied the
Soyeraiffitie and Dominion of the Englijh Sea, and the Ifles of
the fame, by right of theirT\ealmof England^ that is to fay ^
hy frefcrihing Laws, Statutes, and ^Prohibitions of Arms, and
of Ships othtrwife funii[hed than "^ith Juch neceffaries 06 be*
long to Merchants, and by demanding furetie , and affording
proteBion in all places "U^bere needjJjould re(juire , and ordering
all other things neceffarie for the conferVation of ^eace^ ^??^^
andEquitie, between all forts of people paf^ing through that
Sea, as Ti^ell Hrangers^ as others, in fnijeBion to tht Qown
of England* ^Ifo, that they haVe had, and have the Sove,
raign Guard thereof yi;4th all mariner of Cmifance and J urifdi-
ilion in doing Right and Juflice , according to the [aid Laws,
Statutes, Ordinances, and^rohibttions , and in all other mat '^
ters, fiphich may concern the exerdfe of Soveraign Dominion in
the /aid places. To wit, iiivh matters as concerned the
^ office
Oxvne^Jhipo/theSea,CHA?,XXVlL ^07
office and jurifdidlion of chc Admirals, chat were wont
to bee appointed by the Kings of England. Then, adding
the fir ft Article afore mentioned of the League made
but a licclc before, whereby both Kings were obliged
to defend one another's right , they proceed in their
Accufation againft Grimbaldf faying j That hee is ojuly
Majler of the NaVte of the Kmg of France ; but calls him-
/elf Admiral of the f aid Sea '^ and pretend' s that hee T^as auto-
rifed under that tide by the i^/>g of France, upon occa/lon of
his making Ti?2rragainjl the irlcmings. Jnd that after the
makir^g of the f aid League^ and contrark to the indent and mea-
ning of the fame J hee had for abo'Vea years time unjuTtly ajju"
med a d u/urp:d the office of Admiral in the [aid Sea, by auto-
rttte of the t{tng of France his Commi^ion • taking the Teople
and Merchants of England, and other Nations pafJmg through
that Sea^ imprtjoning and Jpoiling them of their Goods ^ andde.
hyertng them up to the ^tngs Officers , as Goods forfeited and
confifcate. And Tt hereon hee hath in a mery infoleitt manner
juHified thefe aSlionsof his in "U^riting^ as don by autoritie of the
King his MaUers Commifsion, as alfo according to a Vrohtbiti-
on made by the IQng of England, and proclaimed , according
to the intent of the aforefaid third Article of the Treatie,
throughout his Dominions, {i\\^z is to (ay , a Prohibition which
forbade a giving any relief to the French King's enemies
within the Dominion of the King of England) and fo
e?ideaVored to defend himfelf before the Commifsioners ; ic 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 reft, who jointly prePerr'd the 'Bill, as afore-
faid» Therefore they all with one confentpray,that the
perfons fo imprifoned beeing fct at Hbcrtic, and reftituci-
onmade of the Goods injurioiifly taken, they might
bee referred to the Jurifd)d:ioti of the Admiral of Eng-
land (to whom alone chis kindc of Jiuifdidion^ both
Fff in
^oS Book 11. Of the Dominion y or,
iti rcfpcftof Things and Place, as well as Perfons.did
appertein) and that, by order of the Commifsioners^
Reyner Grimhald himlclf might bee enjoined to repair
thtlo(kso( the Complamnts , in cafe hee were able to
make (atisfadtion ; or othcrwife,that the King tf France,
who gave him Commifsion for that Command^ might'
bee adjudged to do the fame. But after reparation
made, that then alfo the faid ^yner might rcceiv fuch
punifhmcnt for violating the League, as might deter
others from the like attempt in time to com.
.Now what was don by the CommiJ^ioners, is not ve-
ry well known : It fccm's it was a matter of fuch mo-
ment, 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
light of Dominion over the Sea^ and that anticnt and
confirmed by longPrefcription, was in cxprcfs terms
here adcnowledgcd by almoft all the Neighbor-Nati-
ons, to belong to the King of England ; and fo, that ll
hee might, athisownpleafurc, give protedion, and '
fet Laws and Limits to all that failed through this Sea,
and ufed it in any manner whatfo^ver ; nor could this
kinde of Right bee altered or dim inifhed by thcdiffe- jlj
tcnces of the Neighbor-Nations between each other,or
by any Right of wa<r belonging to others , otherwi/e
than in any other Territorie of his Dominion. And it
istobeeobfcrved, that the FfcwVgfthemfelvs, betwixt
whom and the Frenchihttc was a war on foot at that
time, were not, norcould they rightly have been par-
ties in that Charge or Accufation : For , by virtue of
the aforefaid League made between the Englijl? and
Fr4nch, they were to afsift one another by Arms to de-
fend each other's Rights 5 fo that according to the
League, the Frewcfc King was permitted to ufe the Sea,
to
Ovpner/hip of the ^'^^j.C^ap.XX VIL 4.09
to infeft the F/ew/«gxbceing his enemies, bucnot to in-
Rrccpt fiich as paiTcd this way from any other Nations,
or chac were bound with Merchandife for Flanden.
And *Tault0 * JBmiliws, fpeaking of this very time,(aithj
The French King tJ?reatnedrume to ^hndtrs. The ^ng of
England frote8ed the Flemings. For, Edward l^as fofar c p^ genu
onely a friend of the ^ng of France, that yet hee lufould not Francji-i.
taveffce Flemings ruined. Thus our King order'd the
matter, both as a Defender of his own Right, and
iupreme Moderator alio of Navigation in rc/pc6t of
others. Nor truly is it to bee omitted, that Grimbald
himlcif here, beefng Governor of the French Navie,
did not onely arrogate this power in this Sea from the
Autoritie granted him by his King's Commifsion, bm
in cxprcfs terms alfo made ufe of thztTrohtlition of the
King of England^ . which was in force according to the
Third Article of the faid League , thereby to defend
himfelf ; as if hee had alfo acknowledged, that himfeif
could not have lawfully held that office of^ Admiraltie
in this Sea, without iuch a Permifsion as hee concei-
ved him (elf to enjoy, by virtue of zhsit^rohibition. For,
by t\\Z!cJ^rohibition^ it was required that no relief fliould
bee given to the French King's Enemies, nor any aid
afforded them within the Dominion of the King of
England, (thatis,fer;«^ fmfoere^ which were the ytiy
words of Grimbald, as you may fee in die Libel ic fclf fee
down hereafter,) And fb Gy/w^^Woj^refily blij^ded
the Autoritie of that Prohibition^ together with the p5w -
er of his Mafter's Commifsion in defence of himfelf :
As if hee had faid, I ufe this power ; ic beeing given'
mec by the King of France^ who put mee in Command
over his Navie, and Affairs belongingto the Sea:"'Buc
bcfides this, the King oi England having fct forth his
Prohibition, commanded that no kinde of relief flbould
•' Fff 2 bee
Alo Book IL Of the Vominion, or,
bcc given to any Encmic of the French, within his Do-
minion, according to the League made beivveen both
the Kings. And therefore, feeing I have not taken ci-
ther the Pcrlbns or Goods of any but fuch as are Ene-
6iies, or at Icaft fuch as according to the InterVefiient Law
of Nations J are to bee reckoned upon an hofiilc Ac-
count (for, doubtlcfs hce pretended^ that they were to
bee taken as Enemies of what Nation foever they were,
who relieved the Flemings by Merchandife or othcrwife)
1 conceiv it a fufficient ground of defence in nr^y bc-
halfj, thattheKingofHwgW, accordingto the League
made, did by publick Proclamation require , that no
fuccor or relief (hould bee given to the Enemies of
France in any part of his Dominion. Upon which
account, not tothefe, whom I took at Sea. The
iiimmc of all in brief is this ^ That Grimbald did not fo
much as itnagine^thac his office of Admiraltie or Pow-
er given him by Commifsion depended upon any
Dominion of the King of France by Sea, but altogether
upon the Autoritie of his Kings Commifsion , the
League, an^i the King of England 's Prohibition ; As
if the Englifh King had opcr ly declared by that League
and Prohibition, that hee would not cake it for any
injurie to himlelf, dunng that kinde of League and
Prohibition, although the French fliould fall upon any
of their Enemies in his Dominion , or though they,
which is all one here, (hould bee taken in his Sea, by
the Ftench King's OfSccrs. Certainly , unlefs you fo
undcrfland Gri;«ta/J, I do not fee wherefore he fliouU
at all join that Prohibition together with the King his
Mafler's Commifsion, in defence of himfelf, as it is
cxprefTed in the Libel, or why mention was made there
of the Dominion of the King of Englund , throughout
which that Pro/^/^/V/ow was proclaimed, feeing the con-
tro-
trovcrfie arofc touching things ck>n oncly by Sea. Bi^c
if heebcefoto bee under ftood, certainly then hec did
not onely forbear to oppoft the ancient right o£ the
King of England by Sea, but alfo (ufficieot^ acknow.
Icdged it, while hee fecm's to affirm chat a temponr-
ric rcilri(^ion oncly was added thereto, by anacccTsi-
on of the League and the frohibition : So that wee hav^ i
tacit acknowledgment even of the French thctpfclvs at
that time, in this their /^iwW. But how the princi-
pal points of the League ough: to bee expounded, it is
noplace heretodifcourf; for, wee oblerv ondy that
the Jiea.Dominion of the Kings of En^ani w^s ac-
knowledged, in that Lihd^ by fo many Nations.
Moreover truly, it is worthie obfervation,- thar about
the very fame time, to wit , a little before the making
of the League, the King oiEngkni did homage to the
French King for the Dutchie o{^ Jquitain^ the Earl- ^ Rot. Ak^ ^
dom of Tontoif, and other Provinces that hee held in ^'f^'/i^p^i
France-^ that hee was alfo wholly deprived of them nuetfnie
(om time before by decree of the Parlamcnt of ^ P^m; l^llf^g/^.^,
yea, and that about one hundred years before, King John /0/.40'''
was ouced of NgrmanJie -^ and yet afterward that the ^F^oriiegui,
King of England now and then regained a poflcfsion f/rboluf'
of itj and that before the time of the League, and of the Waijinghami
publication of this LiW; -which lerv all to this end, X-.'^^"^*
chat wee may obferv, that when the aforefaid famous
controverfie arole about the ufe and Soveraigntie of
the Sea flowing between France and "Britain , and the
abfolute Dominion thereof was aflcribed by fo many
Nations, upon a Title derived time out of minde, to
the King of Engljnd and his Prcdeceflbrs , yet in ;he
mean time no tide at all was prcrcndecl in right to their
poffcfsion either of 2^omandie, or J^uttain^ where*
upon a Dominion of any part of the Sea might in any
Fif 7 fore
4-tt Book 11. Of the Dominion y OT,
fort bcc grounded, buc claimed upon the (ole right of
the Englifh Empire. And it appear's evident by the
thing it felf , that the things complained of by cholc
Nations in the Libel, were don by that Governor of
the French Navie, chiefly in the ^ca near thefhorcs
of France and f landers^ which were in hoftiliticwiih
each other. And fo certainly they all unanimoufly
affirm, that the whole Sea, whereof chey fpeak, is
under the Dominion of the King of Ei^land^ and
that upon the folc Account and right of the Englifli
Empire. And as for Grimhald , hee did not defend
himfelf , cither by a pretence of any Dommion
of the King of France^ or by difproving of that
Prcfcription • whereupon the Englifh Title depends,
as a thing not declared according to Truth or anti-
ent Right; nor did hee at all pretend, that the Right
which the Kings of England had in the Sea borde-
ring upon f ranee , did belong to them either upon
the account of TSLormandie , or any other French Pro-
vince whitfocver, as Fiduciarie Clients or Vaflils of
the King of France , though it had been conveoicoc
and very feafonable for him to have alleged all theft
Particulars, if the Truth had been (b indeed. Where-
by alfb that is not a little confirmed , wt ereof wee
difcourfed before , about taking the names of the
fliore over againft us , in the later Comirifsions o£
the Office of high Admiral of England , for limits
onely of the SeaDominion of the Kings of Et^lanJ^
and of the Province thereof under their protediion.
Moreover alfo, about fevcn years before the exhibi-
ting of the aforelaid Libel to the Commifsioners,
when as the King of trmjce , by realbn of divers
heinous injuries don to his Subje^s by the Englifli
in this Sea, required that the King of England (as
hcc
0\werp)ipoftheSea. Cbap.XXVII. ^rj
hec was the Fiduciaric Client or Vailal , becauf of
^quitahi and other Provinces that hec heli under him
in ?rmce) fliould bee queftioncd not oncly for wrong
don, but alfo for his right to thoft Lands Which hce
held, and bee fummoned to appear in the Parlamcnt
of f*^r« J the matter beeing fet down at large in the
Letter of Summons , hee inferted nothing therein
whereby hee might feem to arrogate any Sea- Do-
minion at all to hirnfclf, or diminifli that which
bclong'd to the King of England-^ as you may (ee in
^ Uorilegm , who hath fet down an entire Copie of \x Anno i2$y
them in his Annals. The (ameAutor alfo, fpeaking
of the fame Time, faith, ^ At that time y there '^as net- ijnnoii^^,
ther Lord^ nor Law over the Sea men 5 but "^hat. eVery man
Ti>a6 able to catchy or fnrtch , hee called his own-^ which
plainly denote's an extraordinarie Licence or of De-
predation, and infefting the Sea^ yet fo to bee under-
liood, that in the mean time the incomparabk powei: ^
of the Englifh in Shipping, which guarded their Do-
minion by Sea according to the Cuftoni of their An-
ccftors , was chiefly fignified thereby , the King very
freely permitting his Subjedls to ufe depredations by
Sea , as long as the war continued. For , Yhrilegui
hirnfclf relates 3 that great numbers both ofFr^Mcfcand
Spaniards^ were then taken at Sea by the Bnglijh. Yea,
and about ^ that time, Thomas of Waljingham wiite's, kjnmnpj
that either a French or ISlprman Navie of two htindred
Sail, which roved about this Sea to rob theEnglifli,
wereovercombyaFlectof fixtie EngUfh Ships, and
brought into England. There is alfo another antknt
j(utor of the fame time , when tbcie afl&irs Jwere a(^-
ed, who faith, ^ That in the Month of May^ MCGXCIV^ ^Ml
there fell out a Q^rrel between the Sea-men of tl:e CincjuZ'^
Torts of England, and the Sea-men of France, and it li^as
determined
4-14- Book 11. Of the T>oynmon, or,
determined by a fight at Sea , "therein the Fnglifh T^iih a
Iltet of one hundred Sad jook two hundred Ships of Yrznce,
and drowned or hQed almojl all the Seamen o^ France, for
Tifhich cauf Philip ^ing o/^ France, endedVortd to take a»
•^ay Gafcoignfrom the t\ing of England. Others there
are hkewife, that have other cxprcfsions touching
thcfe things , whereby it is eafie to colled what is
meant by that of florilegM , when hee faith , that there
yas neither Lord y nor law^ over Seamen^ at that time j
that is to fay , the King of England had let the reins
loof to his Subjeds , as Moderator of this Sea , and
this hee did, that they might notonely reftrain his ene-
mies, but them alfo that fliould reliev his enemies in
any manner whatfoever , or chat fhould ufe the Sea
othcrwife than at his pleafure, who was Lord there-
of. But as concerning the like acknowledgment,madc
fingly and apan by the Flemings, of the Dominion of
the Kings of England over the Sea , I fiiall Treat by
and by -, after that 1 have in the next place iet before
you the Uhel it felf in its own , that is, the T^orman
Tongue^ as ic (land's recorded in the Tower oi Lon-
don.
OmerJhipo/theSea.CHAv.XXVlll. ^f
ACopie^OrTranfcript 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 fbm
affairs relating co the times ofHiwm the Third, and of
Edward the tirft and Third. Thefirft contein's an
agreement ma3e between Edward the Firft and Guy Earl
of Flanders , touching their Ships bearing of Colors
about this Sea , to the end that they might bee the
more eafily known. Then there are annexed three ci*
chcr Originals or Copies of the Caid Libel written at the
fame time. For (as it ftem's ) the fcvcral Procurators
of thoft Nations, that were parties in the Complaint,
had their fcveral Libels^ though expreffed in the nartic
of all together. So that one is endorfed thus, De
''Bama , as if that Libel had been exhibited fingly by
the men of ^ayomie; but the title run's thus, DeSu-
perioritate Maris An^liiZ , <6^ Jure Officii AdmiraUatm in
eodem , that is , <©f tfte ^UpSttO^ltlC (or Soveraign^
tie) of tbe ^ea of England attu tfte icigljt oftDe
£)ffice of :aiimitalt(e m tlj^fame, asuis aifo in
the laid agreecr.cnc between the iKing and the Earl of
Flanders. Alfo, in one of the Lihels , to thoft words is
added retmendis zsr confirmmdvs -^ All becing very plain-
ly written intheufuaiQharadcr of that Age, where-
unto the matter relate's. And there can bee no (cmplc
couching the realitleand truch of them to any one that
G 2 2 feeth
^id Book I !• Of the ^ominion^ or^
fccth them ] who is but a little acquainted with the
ancient writing and fiich kindc ot Records. I gave
you the whole fenf, yea and partly the words before 5
but now have thought fit to fet down an entire Co-
pic of the Ubel, as it was written at that time in the
French or Njuman Tongue ,- ;which run's after this
manner.
aA yous^ Seigneurs, Auditours Depute^ per
les ^E^s ct Sngleterre 6^ de France^ a redrejfer
les dammages faits a^ gent^ de lour%oiaulmes
^ desakres terresfuhgit:^ a leur feignuries^per
mier (^per terre^en temps de Tee^ (^ T^rev^es,
monjlrent les Procurers desTr^lat:^ etjsl^ohlesy
^ del Admiral de la mier d Engleterre, (^ des
Comminalties des Citties^ (^ des VtUes , c^" des
Marchaun:^^ Mariner Sy Mejfagiers^ (<r Tele^
ringes y ^ de torn autre s du dit ^B^aidme d\
Engleterre ^ des autres terres fubgits a la
fegnurie du dit '\R^y d* Engletterre ^ ^Z*
aillours , Ji comme de la Marine de Genue^
Cateloigne, Efpaigne^ Alemaigne, Seland,
Hoyland, Frife^ Denemarch, ^ Norway,
(^ de plufours autres lieux del Empire, que
come LBS %gres ©' e^^qLE^
TE%%E TA\ %AI^O:hC T>V
DIT %OrALMS, DV TEMTS 2>'
03^CT lL:h(y AT> M£MOI%Sf)
T>V QO^hCJ^AIiJEy EVSSE:h(T
ES^
Ovpnerjhipofthe iJ^^.CHAP. XXVIII. ^\j
ESTE E:N^ TAISI'BLE tos^
SESSlOJyi DE LA SOWS-
%Eig^s ssiq^vajE T>E
LA MIET^V' E^N^LeiE'B^B^
SrVES ISLES S^TEAVJ\(J
E ^^^ TC \LL L£y par ordinance ((st
eJlMifement des lois^ eflatutes^ ^ defenfes d
armes, (^ des vejfeaux autrement garnies que
vejfeaux de iMarchandifCy et defeurte prendre
ctfavegarde doner en tons cos que mejlier ferra^
et par ordinance de torn autre s fait s necejjaries
a la garde des pees ^ droiture y et equite entre
toute manere des gent ^ taunt d autre feignurie
come leur propre par illeque's pajfan:^y et par
Joveraigne guarde et tote manere de conifance et
Jujlice haute et hajiefur les dites lois^ ejlatuts^
ordinances et defenfes etpar tout:^ anltres fait^
queux a le governement de foveraigne feignurie
appertenir purront es lieux avant dit:^. Et (lA.
de^. Admirall de la dite mire deputej^perle
"jR^ de Engleterre^ et touz^ les autres Admiralls
per meifme celui^^R^ d' Anglcterre et fes Aun^
ceftres jadis %ois d' Engleterre^ eujfent eHe in
paifible pojfejiion de la dite fouerein garde ove la
conifance et fuftice et tout^ les aultres aperte-
nances avant dites Qforjpris en cos d* appell et de
querele fait de eux a lour fovcreigns ^^ys d'
(fgg z Engleterre
2j.i8 Book II. Of the Dominion, or,
EngleHrre de dejfauh de droit, ou de malvais .
iugz^ment^ et ejpecialment par empechement
meterey et fujlice [aire Jenrte prendre de la pees
de toute manere des gent^ ufaunts armes en U
dite mier^uo menans niefs aultrement apparaU
le^ougarnie^ que n' appartenoit au nief Atar^
chandey et en tout^ aultres points en queux home
pent ayer reafonable cauje de fufpeclion vers
eaux de robherie ou des autres mesfaits. St come
les Maijlres des 3Vjifs du dit ''Rpyalme d' En.
gleterre, en abfence des dits Admiralls, eujjent
efte en paifihle pojfefsion de conujlre ctjugger des
toH^ faiBs en la dite mire entrc toute manere
des gent^ folonc les his eUatuts et les defenfes
et Cujlumes. Et come en le pimier article^e
I Alliance nadgairs faite entre les dits ^js,
en les trait;^ fur la darrain pees de Tarts ^
foient comprifes les paroles que fenfujent en
uncedule annexe a jcejle (At non in fchedula
anncxa, led in eadem membrana de-
fcriptum eft quod fequitur ^ unde non tarn
ipfos libellos, qui cognitoribus edeban-
tur, quam five formulas eorum archetypas
fivc exemplaria defcripta haec efife conji-
ciendum forte eft ; uti etiam ex eo quod
Admiralli Angliae nomen aliter ac per A.de
B.non inferatur; quae prima elementa non
funt
Omerjhip of the Sea.Cn^vlXKSfl\l. 4.1^
funt nominis alicujus tunc temporis An-
glian Admiralli in facris Scriniis rcperti)
^rimierement il ejl traiB (^ accord entre mm
(^ les mejfagers (^ les procurers fufdit? , en
mm des dits ^ys^ que iceux ^B^sferront lun
a t autre ^defores enayant^bons^vrayes^i^^ lojaux
amySy (^ eydany contre tout home (fauye I*
Sfgli/e de ^E^me^ en tiele manner que Jiafcun
vHplu/ieurs quicunques ilsfuiffent yoloient de^
pointier^ empefcher ^ ou troubler les dits rqyes
es franchifes y es liberties^ privileges, es drois^
es drottureSy eu es cujlumes de eux (^ de leur
royalmes q'tls Jeront bons (s^ loyaux amys (st
aydans contre tout home que puifje yiure <(^
morir k defendre gardir 6^ maintenir les fran--
chifes, les liberties, les privileges, les droitureSj
€t les cujlumes dejujdites-^ Except pur le dit %oy
d Angletterr'eyM.onJteurfohan Due de ^rabar^
en 'Brabant , et fes heirs dejjendans de lui et de
lafUle le roy d Angleterre, et excepte, pur le dite
nojlre feigneur le roy de France /' excellent
TPrtnce Monjiur Hubert ^y dAlemaigne et
ces heirs roy es d Alemaine,et Monjteurfohan
(^ount de Henau en Henau. Et que I'un ne
ferra en confail ne en aide ou t autre perde vie,
memhre, estate ou honor ^ Monfieur ^yner
(jrimbalt^MaiHre de la 3\(avie du dit %oy de
(jgg 5 France^
^io Book II. Of the T>ommon, or,
France , quefe dit ejire (^Admiral de la dite
cfAIier depute:^ per /on feignure avantdit
per fa guerre contre les F/emminges , apres
la dite alliance faite et affirmee ^ contre la
forme et fource de mefme alliance et tenten-
cion de ceaux que la frent , to f tee de Admi^
raulte en la dite cS\^ier d* Engleterre, per
commipion du dit ^^oy de France^ torcenoufe^
ment emprijl et ufa un an et pluts.enprenant
■ les gcnt:^ et marchaunts du ^R^yaulme d'
E^ngleterre et daillours per la due mier paj-
[aunts ovefque lour htens^ et les gens ain(i prijes
liver e a la prtjon de Jon dit Seignur le 'j^ de
France^ et leur biens et Marchandifes a les
^fceiyors per mejme celui ^B^y de France a
ceo depute^ en. les ports de fon dit ^yalme
come a lui for/aits et acquifes^ fiH amefner per
Jon juggement et agard, et la prije et detenue
des dits gents oye leur dits biens et marchan-
difes y et fon dit juggement et agard fur la
forfait de eaux et acquesl^ ait jujlifie dei^ant
yos, Seignours Juditours , en efcrtpts par my t
autorite defa dite commifitonfur t Jdmiraidte
ayantdite^per lui auf/i ufurpee^ etper mji un de^
fence communement faite per le%oy d^Engle^
terre per my fon poere Qfolonc la forme de la
tiers article de t Alliance ay ant dite^que content
ler
Omerjhip of the Se4.CHAv.XXVlll. /^n
les paroles defujfecripts) en requerant que deceo
ilenfuijfe quh^((St ahjolut^^ en grand damage
(jt prejudice du dit "^^ d Engleierre ^ des
Trelat^ (^ ^h(ohles (^ anltres dejfujjnomes^
per quoi les dites procurours en les nounes de leur j
dit^ Seigneurs J vous Seigneurs Auditors a^^
^antdits^ prient que deliverance deune (^ ha^
Hive des dits gents, oyefque leur biens ^ mar--
chandifes ainji prijes & deteinues faites eHre
faite al Admiral du dit \R^y dAngleterre ^ qi U
conifance de ceo appartient de droit, Ji come
dejjks ejl dijl,^ ainfi q'il faun^ deHorbance de
vous &" d' altri puijfe de ceo conujlre ^ faire
ceo que appertient a fon office avant dit, S^ que
ledit Monfieur Tinner foit condemne <(<t de^
Jlreint Ji faire deuue fatisfaBion a torn le dits
damages fi ayant come ilpurra fujfre, &in fa
default e fon ditfeigneur le%oy de France^per
qi il eHoit depute^ al dit ojfice , et que apres
deuue fatisfaBion faite as dites damages le dit
Monfieur ^eynet foit ji duement puni^ pur
le blemijfement de la dite alliance que la puni>
cion de Im foit as aultres example pur temps
avenir^
In
±11 Book I L 0/ the Dominion, or.
In En^ijh it run's thus :
*orcommif- Xo you, our Lords, ^ Auditors deputed by
^''"'"* the Kings of England and France, to
redrefs the wrongs don to the People of
their Kingdoms, and of other Territo-
ries fubjedt to their Dominion^ by Sea
and by Land , in time of Peace and
Truce.
Xfie^Wtttatojs of toe !&?eiates, i^oMes,
antiof tt)e::%Dmtt:aiDf tDeS>eaof England, ann
of tDe Commonatties; of Cttiesi ms 1!:oU}ns,
anil of toe ^ercftams!, flpatmers, a^effengers,
3int)abitant aran9er$>anii aUotDets beiottgins
to t6e faiD 3Reaim of England, ano ttje ottjet
5S:etttto;ies fubiect to tt)e S>ommton of tDefaiD
Bins of England, flnD of others uttDettlje ^u*
tilbtcttonof tt)e fame^ :%s aifoof Bmetsottjet
iiiattons, ^nOabitants of tlje ^eaCofts of
Genoa, Catalonia, Spain, Almaign , Zcland, Holland,
Friefland, Dennaark, $xSS Norway, aUO Of Dit)0tfll
ottjet: placeis of tt)e Cmpite > tuj Oeciaice ; %0^t
M)Oeteas the king^ of England, By
Right OF THE SAID KINGDOM, FROM
TIME TO TIME, WHEREOF 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, tt)(tl) pO»)tC Of maWttfi
ano eftaUt(I)tng %ms, statutes , ano )^;0'
Owner finp of the Sea. C h a p .XX VI 1 L a
tfMims of Zms, cmo of ^Dtpsotftecaife ftiC'
ntOjeD tDan iiperct)ant=men ufe to ba^, ann of tat-
^iitg furetie ano affbjOing faftguarD m alt ca*
;C3 iirt)trcaeeD (|iaU tequire, anO of ojDermg all
^ei)rr tt)mgs neceffarie fo? tfie maimeming of
uace, Btgtjt, anDCauitie among all mannet:
9f people, as iDrli of otbcr 2Dominions as rtjete
0)11, pallmg tljjougl) tljt faiD S)eas, anotftc
;§)Dbera{gn ©uacD tftertof , Zrib alfo of taftmg
all maniKt of Cogmfance inCaufes, aim of
Doing rtgljt auD giuftice, to Digl) ana lotu , ac-
cojomg to tljirfaiD Jtaitos, ^tatntes, ^?0i-
nances, ano ?g?otjibitions, anOallotljer ttjmgs
tDbicDmap appertem to tlje erercifes of ^oue^
raign^jutiftiictionm tDc places afojefaio* :^nli
ttljereas a. dc b. DeputeD :aiimiral of t\)t CaiD
^eabptljeEtngof England, ano all otDet :^o-
mitais appointeD bp tlje faib i^mg of England,
and Dis :^ncefto;s mtttoSon ^ims of England,
^abe ba^n in peaceable podedton of tlje faio ^*
beMignOuattijtbitljpolberof 3luri(birtion , at
otOec tDe afojefaib appuctenances ercept m cafe
of appeal, ano complaint mabe of tD^m to tl)etr
5>obei:aigns tlje clings of England, in Default of
gjufttce, 0? fo? ebii giuDgment - anb efpecialij? of
making )^;o6iOitions,Doing :$uQ:tce,anD taking
furetpof tb^ peace of ail manner of people uQng
arms in tl)e CaiD a^ea, o? earthing S^Dips otljer-
ibile futnifljcD aiiD fet fo?tl) tban #ercljant-
men ufe to bre ; anb in ail ott)ee points
ibbece a man map babe teafonabie cauf to
futpect ttjem of Kobbetp ot otber fiBifDemea^
no:s* :anD iDbereas tt)e 03aftets of tb^
^bips of tbe faiD ftingDom of Enoiand , iit
tbc abfence of tt)e faiD ^Dmival , Dm been in
H h h peace
^5
A z I Book 11. Of the Vominion, or,
peaceaUle poSeaton of tabins cosnifance ann
tttDgins of all :^cttonsi Donm tt)e fatDS>ea,be'
tVotm all tnannet of people , acco^Ding to t()e
Hattisi, s>mmSy 0;ot)ibitionsaniiCnftom$»
::^ni) tt)6^i:ea$in tfteSca :^ct(cleof tOeHeagne
lately tnaDe bettbceti tOe rato Mms$ , m tt)e
Xreatie upon tbe laft peace at i ans, tljece ate
conip;t(eDtt)ett)o;t)St)m foUotbins, ina;3>c6^
tule annereD to tljefc ^?efent0. ( csut that wHjcH
fellow's is not written in a Schedule annexed , but in
the firr.e Parchment; from whence it may perhaps
bee conjectured , that thefe arc not fo much the very
Libels themfelvs, which were exhibited to the Cora*
roifsioners or Auditors, as antient Copies taken fiom
the Original ; as alfo from this, that the name of the
Admiral is (et down A. de B. which two firft 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.; :f it:ft> It l£(concluDeO tm acco;DeD
bettt)een Msmn tf)e :98etits anD ^jocncatojfi!
afo;efato,int()e names of tOefaiOlUnss, tt)at
tt)e (aiD Bmss (liall ftom tl)ts time fbjUbavD,
becom to eact) ot^et sooD, ttne, ant faitt)fui
fcienbs, anD bee atbinu to one anottjev asainii
all men (faDing tl)e Ctjatctj of Rome) m fwcli
manner , t!)at if anp one oi mo;e > ibt)Ofo^bec
tlKV bee. diall intenbtobifturb, tjinbev, o; mo^
led tDe faib mtngsi. in tOe ifrancibtresXtbertieg,
^UMiltstSy iSistltg, anb Cuttoms of tt)em anb
t\)tit Bmgboms, CfjepQiallbeegoobanbfaitt^
fnifctmbstoeac^ottjet, anb aibmgagatnft all
meniibmg, anbteabietob(e,tobefenb,lteepanb
maintem tlje jFrancDtfes, %\mtits, i&jibncges
Mis\)tSi anb CuOoms afo;e(atb ■, Crcept on ttje
begalf
Omie.Jhtp of the Sea.Cii^vXXy{lL ^^5
bef)alf Of toe im Itmg of England John 2)ute of
Brabanc Itt Brabanc, ailD I)fS \fiVCS DefCenOmS
ftoiii Oim ana tlje uaugoter of tlje mm of Eng-
land; .anD empt on tl)e beftaif of out: Jlo?a t§e
faiHifiingof t^^v^ncc, tl)eerceUent0?mce Monfieur
AiDcic iunff of Aimaign, anDfjig (jeirs icings of
Almaign.anD vlon^eur John ^atl Of Henaulc Itl
Henauic; antJ t()at tljc one (l)au not w of Coun^
fel> no^ aiDmg , iDtjere tftf otljei: map lofe life>
member, cftate, 0? bono?*
Monlieur Reyner Grimbald, fl^aftet Of tbe /153-
bie oftbefaibiungof France, itobo call's bimfelf
;4bmii:alcf tbcfaiD^ea, baingbeputebbpb^s
afo?efaib ItojD, tn bis tbar againft tt^z fic m mgs, '
uiD, after tbe faib Iteaguemabeanoconfirmeb,
againft tbe tcno; anb obligation of tbe faiO
^League, auo t^z intent of tbem tbat maoe ity
ib?ongfuUp aflame anberercifetbe office of :%b.
miraltie x\\ tbe faibjS>eaof England , abobe t\fi.
fpaceof apear bp Commiffionoftbefaib i^tng
of France, taWngtbe people anbifipercbants of
tbe ftingbom of Bng:>arid , anb of otber piaces>
palling tb^ougb tbe fatb ^ea ibttb tbeir ^o^bs,
anb committeb tbem fo taften to tbe pjifon of bis
faib ?lo?o tbe i^tng of t^r^nce awb belibereb
tbeir (I5a)bs anb i^ercbanbifes to t\^t 3Kecei^
bersof tljefaib i^ing of tiancebp bbu bepnteb
in tbe |&o?ts of bis faib feingbom , as fojfeiteb
aiibbue unto Omi, to remain at bis ^wbgment
iriitJ aibaro. :^nb tbe tafting anb beteining of
tlje faib people U)itb tiieir faib gojbs, as alfo \^\&
iaib 3ubgincut J aibaro, fo? tbe forfeiture $ ac-
Queft of tbem>be batb fUttiBea before pou,llo?bs,
:^ubito?s , in U)?itmg> bp birtue of tbe auto-
rttie of bts faib CommiUion of i^bmiraltieafoje-
Hhh z faibj
/^i6 Book II. Of the Dominion, or,
(atD, bp Dim ufutpen aftet tl)is mauner, anli m
vinsa^wWtton o;^Betttatnt9eneraup nmne
anO pjoclaimeDbptljeiiinBOf bngUnd, m tig^
of DiSSDominton (acco?Wngtotl)e tenojxtf tfte
t^teo :articie of tDe JLeagne afoi^efaiD , uftuct)
comain s tt)e \}}om abowvoiittm ) reqmttas
tt)at Qee map tt)eteupoti ba: acquitteo anDM*
ct)arseD of tbe fame , to tbe great Damage ann
pWuWceoftbe f^ibftmsof KngUnd, anbof tfte
0?elates j gobies, $ others abobe==mentioneli*
saB6etefo?e,tl)efaiO Procurators, m tbe names
of tOetc fato liLojbs , bo mv POur ?lo?bl|)q?s
:attbtt03ts,tbatpott«)oulb canf oue anbfpreBie
beliberance of tljefaib people, ibitt) t\)m <3m6
anb ^ercbanbifes fo taton anb mmnt^ , to w
raabe to t()e :abmital of tlje faib M\q of ^ ngiand,
to ttbom tbe cogmfance of tbc fame of rigbtap-
petctemetb, as is before erpjtlleb. ^o ttjat, ibit^-
out bifttttbance from pou oi anp ot!)er , bar map
tafte cogntfance tbereof, anb bo tDbat belong s to
l)is office afo?elaib; :anb tbe faib Moni eur kcv-
ncr b0e conbemneb anb conftraineb to mafet fa-
ttSfa(tionfo;talltbe raib bamages io tar tb^^sD
as Dee (ball b^ able, anb m bts befauit t}ts laib
?lo?b tbe feing of t^rancc , bp ibljom bee ibas
beputeo to tbe faib office , anb tbat attcr fatif^
faction giben fo;t tbe fatb bamages , cbe faiB
MonheurReyner mapbCefO BUlp pUn!ll)eD f02 tl!f
biolatiottof tDefaib Heagne, tbat t)ts puntlb^
ment map be an eii^ample to otbers m time to conn
So far the Libel of lo many Nations, maniklllv ac-
knowledging the Soveraigncic and Domiriion or out
Kings over the Sea, and thereupon demanding prote^-
on for chemfclvs. And whereas no raencion is made of
this thing in the Hiftoiics cither of the Frmch^Bi^tjh, or
others
Oypnerjhip of the iy^^.CHAP.XXVIII. 4x7
others^ ic is no wonder fince the proceedings of Courts
of Judicature are very ftldom fet down in Hiflories.
But wee uoderftand by the French Hiftbrie , that this
Grimbald was Governor of the French Navic at the very
ftnnc time. TaulM ^mtlm writing of fhHif the Fair,
liich, ^ Hue hired ftxteen Gallies from Genoa, tiVer iMch ^VeGefkit
PvcyncrGrimbaldTi^iayGoVfrwr or Commander. Met fail* ^^'^nQorum^
mg about by Sea ^ infejied theSea-CoaJi 0/ Flanders, Regi- * *
merus,Rcginerus,or l\eynerm Grimbaldm, is one and the
fame man ; and among the Cenoefes^ there is an cmi-
nenc Family of that name : But bccauf hee was a Fo-
reiner and Mcrcenaric , therefore ( it ftcm's^ Joarmes
Rromwi left him cut of the Catalogue of the Admirals
of France^ yet ^ Joannes Tilm fhcing him among the ^Ve rebut
Governors of the French Navie , call's him Thymus GaiikisyU.2.
Grimcddus. Hee alfo is that Admiral of the King of
Vrance^ who, ziJommsde^'^ekaiAih^ had command ^chronic.
of three hundred and fiftie Gallies , that were fent by g^^-'"
Thdip the Fair, in the year MCCCl V. to aid the Ho/- ComiuHtl-
landers againfl: the flemmgs. There are alfo fereral par- ^^^-t^^-^S*
ticulars in the Records of Prance ^ which relate to the
differences then on foot between the Biglijh and French :
And although that Libel or any Copic of it bee not
found therein (if wee may credit 717/«^, who (ct forth
a Catalogue of that kinde of Records) yet there is that
Commifsion among them, whereby the aforefiid Au^
ditors or Commlfsmers were autorifed to determine of
things don contrary to the League. It is defcribed by
^ Tilius after this manner ; "PowVoir done par le (%i Edo- •* Recueii des
<v^rd a deux nomme^ & accorde;^ de fa part pour avec les '^cJoiIq.
deuxeleu:^delapartdudit l^y (Phelippe) d' enquerir ^
amendir Us forfai^es durant lour trefue , le Dernier Juin
MCCCin. Oh trefor ; layette Trocurationes, poffe , Cr- po-
tefiatesAnilUi K. )^m( Vl>aS gltKn Dp 1^010
Hhh 5 Edward
^z8 BookIL Of the Vonnnion, or,
Edwara to ttbo pctrotis tiameo ant) appointed
on ftts patt, tomcat tt)itD ttdo petlons cftofen
on tl^e behalf of tt)e faioi^ing d hiiip) tomafte
enqmt? ano et^^ remeov touching 3ln|ttries
committed ttutins tt)e %x\xu bettDirt tljein tl)e
iaft of 3ttne mcccui. in tDe Xreafutp; m
tO0|3Oji^ intitttUD, Trocurattones , pofji , <^ poteflatea
JnglU'^ ^. The Comrnilsions bear date the lame day
and year ; whereby thefc Auditors or Commlfsmers
were appointed for this purpoie, as wee obfcrvcd be-
fore out of our own Records. Nor is it of any force
hereto the contraric, that Commfsionen were fonnrimes
^Kot.Clauf. 'deputed in the fame manner by the Princes of the
2,1 EdS'far. fliores on both fides of the Sea, asalfoby cheafore-
V^d^CKpt, fti^ ^^"8^j ^^ determine complaints abouc robberies
Fr'ancU.io and Other injuries ufually don by private pcrfons to one
/kn.'S.&c. another by Sea and Land. For, if any one will collect
thence, that the Princes which deputed them had both
an equal right in the Sea, it may as well bee conclu-
ded upon the fame ground, that they were but part-
owners of their own Countries, and bad an equal in-
tercft in each other's Land. Befidcs, in fiich a kindc of
depuution as that, there is more regard had of the per-
(bns offending, that are to bee tried^thanof the Domi-
nion of Territories 5 which truly is wholly to bee d it
covered fona other way.
Ovonerjhip of the iS'^.i.CH a p.XXIX. /^z^
A Recognition or acknoyi^ledgment of the
Sea^T^ominion of the I\mgs of En^bnd,
made by the Flemings tn an AmbafTy to
Edward the Second.
Chap. XXIX-
TO chefc Ice us add now the aflent and voluntarie
acknowledgoicnc of the Flemings in the Parlamcnc
of En^Lnd, in the Reign of Edward the Second. When
as the Ambaffadors cf Robert Earl of Inlanders complai-
ned of thetiking of their Goods away at Sea, implo-
ring remedic of the King of England, they (aid more
than once that they were taken upon the Englifh Sea
towards the parts about CtAUD0n> within the pow-
er of the King of England , and brought into England -
but that it appertained to the King of Enghnd to take
cognifance of the crime, ^or that hee is Lord ofthefiid
Sea y and the afore fi'td depredation "^ds committed upon the
afjre/aii Sea 'kfithin his Territorie and JurifJiBion ; which
arc the words of the Record j but 1 ihall fee down the
^ whole, lb far as it relate s to this bufinels.
Memorandum , %\^M lDl)eteaS fO? tl)e tefO^matJ- \^Ed2'''
on of cmaiit iniunes man amicable iDaj^, Don p.r/2.^em.
bptlje^ubicctsof tl)e €an of Flanders , to tlje ^7'^ ^«
S)Ub)ects of tl3e Bingbom of England, anb \>v ''^'*
tt)e ^ubiects of t!)e faib Bingbom to tbofe of
Flanders, Qncc tt)e tiuie tbatourfaio Jlojb tl)e
fcins unbertODft tbe dSobeniment of bis fting^
bom > feberai Xreatics b^ib bo^n btib bettbecn
tbe Council of our faib Jto?btl)eiim3,anbtbe
;?tuibaffabozs of ttje faio earl often fern into
England
4-^0 Book II. Of the TD omin'wn, or,
England , upoti ttjc afojefaiu occaOon, vbDicl)
dceatics , Dp reatbn of fom impeDinicnts t^at
tjappeneti , tiD not attetn ttje oefireli effect : at
lengtt) in tf)e ^adaimnt of our faiD iio;o tlje
fting, Dell» at Wcftmmller in odabis banai Michae-
l's, mtt)efoait^ntt) r^t of ttsi Betgn, tDete
appcatct cettafn :^mbaffaT)o?s of tl)e ihiD €ari,
to tteat abont refonntns tt)e afo^efatti tnmcies
intf)e fo;m afo^efatn. :^nli iDt)mas tl^efaiD
:^mbaCraDo;s f)at) been abmttteb bp our fatb
llo;otl)e £tms to treat anelb of tt)tsi binbe of
^ntucies, ttjefe :ambalIabo?s, as otlier :3nibaf'
fabo;2 of tt)c afo;tefato &m , m tf)e afo^efatb
^^reaties, bib , among otOer particulars ti)at
tfjeprequtreb, before all tt)(nssntai^e fupplicatt-
on : %t)at tde faib Eojb tt)e ^ing iboulD at W
ottm fttit, bp birtne of t)ts aaotal :^uto?itie, cauC
enqairie to b^ mabe , anb bo ^uftice , about a
certain bep;ebatton latelp mabe bp tOei^ubfects
of fngiand (as tftep faib) upou tlje Fngi,nis.ea,
of mims anb bibets ott)er i^ercgahbifes be-
longing to certain men of Fiandcrs , toibarbs
tfte parts about crauoen, «jitDin tlje %tt^
rito;ie anb ^urifbiction of our faib llo;b tl)e
^iug ; alleging tdat ti)e afojefaib ^ines anb
i^erctianbifes taben from tt)e faib Fiemm^s,
ibere b}ongf)t tbitt)in tbe IReaiin anb ^urifbi-
ctton of tt)e faib Ho^b tf)e i^ing , anb tDat it be*
long bto tt)e i^ing t)imfeif fb to bo> fb; t(jat hee
li LORD OF iH£ SAID SEA, aubtOcafoje.
faib bep;ebation ibas mabe upon ifyt faib ^ea
lOittiin f)is ^Cerritojie anb Slurifbiction» ^n
conclufion, after bUigent conQberation Ijab of
tf)e )d}emi(res in tlje fame )^ariament , ibitjt) t^
^ttxmSy €arls> aarons, anb otDrr ^crrs of
tDe
O'^nerfhipoftfyeSes. Chap.XX1X. ^^r
cUiDcanpou tXytit autjicc bptlje im %m Bitigi
tl>at, to pjcfetb tlje beaeBt of ^cace betmcert
tl)C ^UbjeaS of tn^land ailll i landers, tt)eCatll
HojD !^mg bo bp i)iS 3aoial :attto?itie eaut
enQuiric to bee mabe about tl)e ©tobs tafeerr
at ttjat time upon tl)e afo?cfaib imgi ih ^ea
tott>at:bS tlje faib place of c k a u d f n, anb
bjougtjt iDitljitt tlje f4tb Kealm, in tljofe pla-
ces tbljerettie malefactors tbentlbitOtljegoibs;
fo tafeen to tt)efaib2lanb of EngUnd, anbcauC
tbe fame bepjebation to ba^ Ijeatbanbbetecmi-
neo acco;tiiin3 to Hatb anb Beafoiij anb tbat
fbe €)U)ners of tbe ^Ijips Xbljo ftab a fiaab
m tl)e faib bepjebation , anb otftfts, ibDo
Kuotblnglp receibeb tfte faib €)ffenbws Xbit^
tlje (0oob£! fo ta&ett va ibt)ole o; m pai:t» ma^
bee cbargeb anb puni(|ieb tDerenpon > as par^
f abets, of tl)e afo?efa|b bep?ebatiom
So far that focon/. And Commifsioncrs were ap-
pointed with power of Jurifdi(5lion by the icing's
Comnfiifsion, through moft of the Maritim Counties^
to make reparation of damages. But bccauf there are
upon the fhores over againft us ( efpccially thofe of
Zealmci , and there are alfo upon other neighboring
fliores) befides Inlets of Rivers , very many windings
and turnings of the Sea flowing in, whereby the land
W fo interwoven up and down, that it cannot well
bee but that the Sea alfo which flow's in, and often-
times remove's Banks and make's Harbors there in
the fame manner almoft as a River or Brook, muft bee
conteined under the fame Jurifdidlion , as an entire
Bodic with the Land • therefore Ibmtimcs mention
is made alfo of this kinde of Sea flowing in , as of a
I i i Sea
A.1X Bock II. Of the T>ommon^ or.
Sea reckoned ivithin the Jurifdi^lion & Current of the
Sea of theoppoficefhores . as for example, cfthe vS^m
b M/.in Bib- flanders, or (as I finde it in fom ancient ^ Manufcripts
Cott^iana Which fcemto bee the Originals of certain Letters of
3 Hen.'). King fi&«r<e the Fife to the Earl of Caroloisy and to the
Governors of Ypres^ Cdunt^ and ^ru^es ) deins la Jurifr
iiSm O* l eflrem de la meer dt Flmins , "Within the Ju-
ryUiBton and Jlrtam of the Sea of Flanders , which is all
one. For, letting afide the Sea fo flowing in or ma-
king an in-let or harbor before the oppofitc fhore , all
thac which remain's, or the S ea flowing between thofc
oppofitc Countries and EngLnd, was ever efteemed to
bee of the Englifh Dominion , according to what I
have formerly flhewn. So thac a lace Wriccr doubtlcfs
Wis in a dream , when , upon the repairing of the
cftc9bm ^ Dock at A/ari^f , hecwrite's, ^ that hee /aw the Fmfire
EpirtoliDe- ^^ Britijh Sea rejlored to the ^ngof Spain, And lo I
dicatoria ad havc don with this point , touching the Declaration
SoJivX ^°^ acknowledgment of the Sea.Dominion of our
t$miic€h Kings, made by thofc Forein and Neighbor- Nations,
pdfixL ^jjQ ^gjg ^qQ^ concerned in the Bufincfs.
0/
Owner/hip of the Sea.Cn A?. XXX, ^jj
0/ the Dominion of the IQpg of Great ^ri^
tarn in the Irifti and Weftern Sea, confi-
de fd fingly and apart hy itfelf.
Chap. XXX.
I have alreadic fpokcn in general, of the En^ijh
or ^nti(h Sea , which is a part of the Patriroo-
nic of the Crown of Enoland , but chiefly as ic
lie's cither Eaft or South. It rcft's now , that wee
treat of the WeHern^ as al(b the Scotijh and Nor-
thern, and in a woid of the whole Sritip? Sea
that remain's. It is evident to all ^ that part of the
Weftern Sea, lying before England, is underftood as
well in that Libel which was exhibited by fo many
Nations to the Commifsioners deputed by the
Kings of England and France , above three hundred
and thirtie years ago, wherein wee (b often read k
mer d^ Angleterre or ttft tt^ Of (EltglanD , as in the
King's Commiision-bcfore mentioned , wherein
our Kings are exprcfdy declared Lords of the Englijh
Sea on every fide., and therefore 1 fball forbear to
repeat what is * cited out of BraBon, about the^ « caP.2^^
foynim or excufing of a man abfent in Ireland, and
other things of that kinde alleged before, which make»
to this purpofe. Moreover alfo , wee read every
where, that all the Illesinthis neighboring Sea were
called '^mi/7? (as wee obferved at the beginning of
this Book) juft as if the narrow Seas flowing be/
tween, Lke Rivers or turnings of Rivers, did dif-
join thofe Banks or Shores from great Br'iuin , as
I i i 2 ^ Praz-
4-^4- Book II. Of the Dominion, or,
*'A7ro/)'^J- * Fragments of the fame. Whereby it appeals, that
yoLi. the narrow Seas thcmfelvs with the Iflcs , even as
Rivers with their Banks , arc to bee reckoned a part
of the ^ritijh Tertitoric. And hereunto e(pccially re-
late's alfo that exprefsion in the Libel fo often cited .
to wit , that the Kings of England have ever been
Lords both of the Englifh Sea (or of the "^ritip? , (b
far as it ftretcheth before England) and alio of the Iflcs
fituate therein , pjir raifon du ^yalmt d' Angkterre , bp
ri(Bj)tcrftfte3Realm of «nstonD. so that the ijie
of Man^ which (as Giraldus Lambrtnfis faith) fland's
in this Sea, in the very midft betwixt the Ncwrthern
Parts of England and Ireland , was ( if 1 underfland
any thing) reckoned of old among the Land-Pro-
vinces of England, even as the Ifle of Wight ^Lundie^ and
others of that kinde. Nor doth it feem to bee under-
flood otherwifc by thofe men of antient time , who,
uponoccafion of a difpute, whether this ifle ought
by right to bee taken for an appendant of England ot Ire-
land beeing placed in the midft of the Sea flowing
between, determined the controveificon this manner.
They brought venemous fcrpcnts; and obferving
that the iQe did entertain and cherifh them, as well as
England and the reft ofgreat Britain , but on the contrarie
fe -lo^ografh. that Ireland deftroied them, it l^as concluded (faith ^ Gi-
HikrvU, ^^^ Cambrenfis, who lived under Henrie the Second)
ly the commm cenfure of all , that it ought to bee af&thed
unto England. For , if they had fo thought the Tcrri-
toric either of Ireland or England , as it confifted of
Land and Sea, to bee dif-joinedfrom this //]e cfMan,
tbat they had conceived the Sea lying between, either
Vommon to all tnen or by antient right fubjc^t to
other than the Kings either of Ireland or Britain, they
might fcem to have raifcd a very ridiculous Contro-
vcrfic :
L
OvpnerJhipoftheSea.CnA?. XXX. 4.35
vcrfic : For, I fuppoic , the Qucflion could bee no
other , than touching the bounds of England or ^^eat
Britm , and Ireland. But that a Queftion about bounds
may bee admitted between Owners that are Neigh-
bors, where the Territories of both are not continual
or contiguous , is beyond my undcrftanding. It is
well faid by ' faul^-^ that if a publick Thorow- '^-^-^y}'
fare, or publick River intervene, which belong's to FimmKle^
neither of the neighboring Owners , an Acftion cannot g^ndsrum.
bee brought upon that Title of the Law , Finium
(^e^undorum. And truly, after that Quintus Fahius Laheo^
bceing ^ appointed Arbiter by the Senate betwixt the 1£"^^*''^
tidzns and Nedffo/</dm about the bounds of a Field, had nb.u *
(o craftily perfwaded both of them to retire backwards
apart fiocn each other , that a portion of the Field was
left in the middle which hec adjudged to the people
of Rome ^ there could not any Controverfie arile far-
ther between them about the bounds of this Field 5
becauf there ceafed to bee any confine betwixt them :
But if any Qucftion arofe afterwards , they were both
to contend with the people of Rome. Even fo it is
to bee conceived of that Queftion , to l^hkh of the two
(jmtries the IJle of Man ought by ^ight to bee afcribed j
it arifing chiefly upon this ground , becauf it lay in
the midft between the Territories belonging to Ireland
and Britain J and at the confine of both, tor, by an
Argument drawn from the nature of the very foil onc-
ly, without a civil coofideration of Dominion (though
ihcy would have here the very nature of the foil to bcc
chc evidence thereof, as aLotfordecifion) it ought no
more to bee afcribed cither to Britaot or Ireland^ than to
J<lorway^ Spain^ or FrafKe, where every man knows that
vcnemons Creatures are bred as well as in Britain.
Therefore, to bee aicribed to England or Britaiti in that
lii J aadent
4.^4 Book II. Of the Vominion, or,
antient Dccifion,is,fo immediately to bee annexed to the
BritijhTtnkoxky that the I/It? o/Miw may truly, and in a
civil fenf, bee called a Land-Province of England or
Bncain , feeing the Btglijh Territorie is Co continually
extended as far as its Wettern Coafts ; that which bend's
Weftward from the very Confine, becing alctibcd to
Inlarid. And therefore Queen Elifabeth's Commifsioncrs
i i6c2.a^iid jj,j £^j| j,j^Qfg vi'ords too unadvifcdly in the '^ Treatie,hcld
G. Camden. . i ! -r^ • r» ^ • r • i /
in Annaiib. at Bremen^ with the Uamjh Commilsioners , about free
tom.z.'^ag. Navigation and Fifhing in the Norw^^^ww Sea; That the
^Lol'd. ' Km?5 of England ?KVer had prohihtted Navigation, and
Fifhing in the Irifh Sea between England and Ireland -^ as
if chey would have had it proved from thence, that the
Dane ought not to bee prohibited Fidiing or Navi-
gation between Iflund and Norway , becauf neither
were Lords of the J^ca , but had pofleffed the Shores
onely on both fides by an equal Right. There were
other particulars alfonolefs raflily /poken touching a
coramunitie of the Sea, as wee obferved before. Concer-
ning Navigation and Fifhing in thtNorwegian Sea,l fhall
add more by and by. But as it was ill don of thofe
Commifsioners in that Treatie to make ufe of an
Argument drawn from a neccffarie communitie of
the Sea , fo there is no truth in that which they let
fall concerning the Irip Sea. For, wee know, that
not onely thofe pettie Potentates bordering near the
Sea heretoforc,that were in Rebellion and had ufiirped
the Kings Right in many places of /rf/^wJ , did cxad:
grievous Tributes of Foreiners for the very libertic of
Fifhing ; but alfo it was cxprefsly provided by Ad:
<: Stat. Hi- of ^ Parlament , that no Foreiner fhould Fifh in the
^ZlpJ.'^^' irifyStSL, without leav firft obteined to this purpole
from the Lord Lievtenant, or fom other lawful De-
pucie or Office" of the King of England-, yea, and that
all
Orpner/hip of the Sea. Ch A?. XXX. /^y
all Foreiners fliould pay yearly, for every Fifhcr-boac of
xTl Tons or upward , thirteen jhitlin^ and four pence
and for everie IcfferVcffel two [hidings'^ upon pain of
forfcicing their Veflcis, Furniture, and all Goods what-
foever , if fo they rcfufed this kindc of paimenc or
did not acknowledg this Sovcraigntie of the Lord
of the Sea. But Ifliallinfcrc rhe whole A€t touch-
ing this bufincfs, that wee may undcrftand whac
was the moft received Opinion of all the Eftates
of Irelmd^ touching this Right here of the
Kiag^
item, ae tl)e itquefte of tde Corranonsf^
tW tbftete Hitjets ijeffelis of otljet tatuies
tm one Date to ott)er gopttge to 60) amonsCt
tDc ^ings JFciII) enemies ixi fitters partes of
tbts fapD tano bp tbt)tct) tt)e icings (aiQene^
nttes bee gteatipe aobanceo anD utenstDetteli
afibeil m bitnaUes,t)arneps>atmo?> as Xiv^tx%
otftecs neceffacies, aifo great triUutesof monep
giben bp eberp of tije faiD beffelis to tHe faiii
memtes feom bap to bap to tfje great augment
tatton of tbctr povber anb fo?ce agamQ; tbe
Btng's bonoit anb ibeaUb> anb ntter btOtrnctf-
on of tbis faib lanb , tberenpon tbe p?emttles
conQbereb, tt is enacteb anb oibetneb bp
aucttjoittte of tbe faib |^arUament> tljat no
manner beffcil of otber lanbes fljalt b^ no time
no? feafon of tlje peere from bencefojtb, from t\fi
feaa of tbe i^atiDitp of our 3lo?b Sefus Cb?tac
nertcommmg, go innDpartoftDefaiblanbbe^
tibirt tbe faib Jriflj enemies to no manner fift-
tng Xbicbout oue fpecial licence of tbe %itm-
nam, bfis beputpoj 3juftice of tbe lanb fo? tbe
time being, o? licence ofanotberperfon^abing
m
/f(^. ESokW. Of the Vmhinioti,\Mi
't\^ Um^ pa^'f to 5*^ ft'f^) uwnce, upo»
pftitie of fojfattnce of tin Qiippe ^n^ 58ot)0 to
m ji^'ms. :^np ttjat iDDatfoeijtt pccton o;
petfooi^ t^at finu o? impecDe aap of ti)c faiD
5efl?us ,; tumpants o? foifaites agaiita ti)is
act bp iift mtmitiz of tt)e fame, it boslatb'
fuH to t^m vottiaUine anp claiuieinbelialfeof
the Bins > arib app^obutg tbe faiU fo?fapiuccs!
bv att?bft(jetaibt)effels; to be mabe, tl)at tije
»itia tijall ijabe tb'dne inoltpe of ttje faib fo?-
fei>wte, anb ttje faib pecfon o? perfons Ojail
habe thotftec Wt^mt anye tmpecl)ment,«anb
tftat m tti^mt betteilg of otbec lanbs com-
tum iti m faib lahb of 3jteiattb a fiftjing, u^
tffr bf tift bUtbeii of ttbeme tanues o; letfe,
HabiiM bile I:*lbbet ai boate , eberpe of tljem to
pav^roftt)^ fli^mt^nafttc of tpBings warns
mU tHl^Mil^» B? ftje ^eet. 3lnb all otljei:
(iii^ttb^ltnissasfeatfeaio^ boatcs, notfjabeing
^m^ miimttt mwi mtm tije faib mv^
m ottvmi tnmtSy mtv of tljem (ban paj^e
tmt mmt jScittfiS a fiiliing in m mz
MMit^ ^?oU(beb tmms ti)at no beffeil
fvffiittfi in tlje ii5o?tl) patte bf ^icfelo,be cbacgeo
toWoiioftljiMtt; artb ttjat tbe Hientenant,
m ^iWtV b? ilttftice of tbelattb fb? tlje time be»
m, i^ali Ijabefiie fo?efaib tttmmesanbbuties! i
oniibttp fb Paib to be implopcb in tl)c Bmg« I
M^^ f^ V^^ bmnce of tlje faib lanb , anti I
tiat tae cwttorttets attb collectors of tDefame '
famriielf fb^U acctjumpt before tlje faib ^ufiice,
mmmUxity b? a>ep«tp fojttje time being, o?
fttcnaubitbjg teatttjau be Ib? tlje fame appoint
teb bp t|p fefttd b? t{)e»ti> anb not before tee
l^aconst
QTPnerJJnp of the Sea.QuAP.XXX. 4.59
i£>Atons of tt) mf)e(tuer in t^ foiD lan&e ; am
tW mm of tge fatoe^^isfocomnimg from
otijer parts^ m tOe CatDe lande Qali not Depatx
ottt of tlje (aiDe lanoe > till et}erp of t^m pap
ti)tit im outtcs upon parn of forfeiture of ti^
beSels ano sooDS to t^ Btng.
Iherc are lora alio who affirm , thac the King of
Spain^ ohtdncd leav by rccjueft from our Queen MariCj L^k^^^^^J
for xxl years, to fifhin the more Northerly part of the Legs mer-
Z/iy/; Sea, and thac thereupon a Revenue of one thoufand ^"^^rikcaf.
pounds per annum was advanced to the Exchequer in Ire- ^ ^ '^^^' * ^'
ImL ' A Proclamation alfo was fet forth by ^ James King s Prociam.p
of great "Britam^ prohibiting any forciner, without leav |^"/j/*
firtt obteined, to fifh in this Iri(h Sea. But as to what
concern s thac Controvcrfic about the I/le of Man, al-
though it bee remcmbcr'd by Giraldus (who wrote in
the Reign of Htmie the Second) neverthelefs it is to
bee conceived , thac icarofc in the more an tient times
of the Efi^lijh' Saxons , when all thac lie's becwixc
En^mi and Irdcuid , was in fubjedion either to the
Kings of Ireland J or 'Britain^ thac is, when both of them
had in ^his Sea difl:in(5t Territories of their own, who(e
Buuads were in queftion. Certain it is, as ^ Beda write's, ^.^.f: ^'
chat Edwin rhe moft potent King of the Northumbriam ^or laf.9.
rather of all the EngUpy-SaxomJubdued the Mevanian Ifles
to the Dommion of Btgland ^zbout che year DCXXX. That is
to fay, both that MeVanian which wee call Angltfey,&cthc
other aUo which is Man, whereof wee difcourfed. But
in the later time of the Anglo-Saxon Empire, the Nor-
ipegtans or Da?ieSy who exceedingly infcfted both this and
the North-caft Sea with very frequent Robberies , ac
length fcized both this Ifleand the Hebrides , and held
them almoft two hundred years : So thac in the mean
time, this of Man could not in a Civil fenf bee
K k k afcribed
' Chro7jic.
Kegum M.^n-
zj.^.0 Book II. Of the Dominion, or,
afcribed cither to ire W or Britm. Butthacthc Kings
thereof were at that time Lords as well of the neighbor
ring Sea as of the lfles,inay bee colledlcd out of their An-
nals, where wc find thatGo/r^whole firname waiCtO-
\)9,Xt,KF^^.^f^^f^A^ ^^^ year of our Lord MLXVi brought
DiMin and a great j/art of fi^^'j^nfttt ' mder hi5 fuhjeBion,
And fo thyou^hly fubdned the Sects, that no rnan^ li^he built a
Ship^ durU drive in more than three ISljiils : So that hce gave
both limitation and Law to the Shippif gofhis Neigh-
bors J which is all one, as to enjoy the very Dominion
of the Sea, as 1 have fhewn in v^/hat harh been alrcadic
fpoken. And from hence perhaps it is, that theriTcre
ancient Arms of the Kings of Man were a Ship with a
Sail folded together, and this Infcription added, !?{ex
Mannia <sr Infularum^ Btog Of ^m $ Of tfte 3!fleSf ;
as M' ^ Camden obferv's from their Sails : For, the three
legs of humane fliapc,now every where known, arc but
of later time. But afterwards, \^hen Ireland was fubdued
by Henrie che Second, and King Jc?/;w, and Ftginald King
ofMiM ^brought into the power of King Job (the Ew-
^lijh pofTcfsing this Sea at that time with a very nume-
rous Navic) there is no reafon at all to doubt,but that the
neighboring Sea round about was taken alfo into the
Dominion of the E?2g///7;* For, in that Age thcl^ifigof
Man was no abfblute Princcjbut beeing (ubdued,hcc paid
homage to the King of England, & yielded under his fub-
jcdion. But in' a fliorttlmeafter/^/exWer the Third,
"* King of Scots, annexed it to the Dominion of Scotland,
and put in a Governor, who was to afsift him upon
occafionwith thirteen Gallies&: five hundred Seamen.
Hee recovered the HetnWw alfo, by driving out the Nor-
wegtans,&c tranfmitted it to his poftcritie.Then,A/.3w retur-
ned again to the Bnglifh-^ who enjoied Ireland a long time
together with it & that fea- territory. But the Kings of the
Hebrides
1 Chronic.
Manni^^
anno. 12 lo
& Ret. cart.
1 4. Joannis
R. membrM*
indorfo.
«" Hc&or
Boetius,hiJl.
Scot lib. IS'
Orpner/hipo/theSea. Chap, XXX. /^^i
Hebrides and of Scotland enjoicd the Northern pare of
this ^Vejlern Sea, after that they had cxpell'd the Nor-
wegians who were Lords here of the Sea. And from
hence it is, that, as Scotland^ England^ this Ifle of Man,
the Hebrides, and Ireland with other adjacent ifles fo
even the VergiVtm and Deucaledonian Sea it ftlf wadi-
ing the Well of Scotland^ and furrounding thcfe
Ifles with windings and turnings , ought now alfb
to bee accounted the antient Patrimonie of the King
of great Britain.
But there is moreover , in the more Wefterly part
of this open and main Sea, another Right belonging
to the King of Great Britain , and that of a verie large
extent upon the Shore of America. When as S' Humfer)
Gilbert Knight , did by Autoritic of Qneen Elifabeth
tranfporc a Colonic into the New World^ with defign to
recover certain Lands in the Eaft parts of the Northern
America, which of Right bclong'd to the EngUp? Do-
minion, the ^en was by him, as her Procurator put
into a poflefsion , for ever to bee held by her and
her heirs, both of the Port, called by the name of
S* John (which is in the Ifland of Baccalaos) and alfb of
the whole Sea as well as Land on every fide, " for the ," ^acfeWIt,
Ipace of fix hundred miles. Then hec received this ages rlT
new Kingdom of the ^een^ as her Beneficiarie, having p«g.i5 1.
a Branch and a Turfdchvct'd in his hands, according
to the u(ual ccriraonie of England in transferring the
Ownerfhip of Lands and Poflefsions, Nor truly was
itneceflarie, that hce fiiould otherwifc get the Poflef-
fion, from whence this Dominion of the Queen and
her Pofteritie had its Original. For (as Tatdtis faith well) ^ ^ ^ ^
rihcre is no necefsitie that hee 1i>ho ^" intend' s to takepojfef Jeacquk.
/ton of a Field ^ p7ould walk about the ^hde, hut tis fufficient ^f^*^^"»-
if hee enter any fan of that Field, fo long as hee doth it y^ith a
Kkk 2 minde.
4.4.1 Book 11. Of the "Dominion, or,
m'mde^ thought <mi intent, to pojfefs the Field to its utmojl extent
and Bo««^: Which faying may relate to Seas, as well as
Ve Condi' Lands , that were never taken into poffefsion. So thac
thnihi as P Siculus Flacctis Treating of Occupatoi-ie Lands, faith,
y^j^rorm. jj^^^j did not poffefs fo much land i^ they ^ere able to till ^ but
they referred ^ much as they li>ere in hope they might bee able
to tilly the like alfo may bee faid of a Sea fo taken into
poflcfsidn. Look how much was refeived in hope of
ufingand enjoying, fo much alfo was bounded. But
perhaps the firft original bf the Dominion of this
main Sea of Jmerica^ did not proceed from the Poffef.
fion that was acquired by Gilbert. Hee rather reftored
and inlargcd the Right of the Crown here : For, that
Ifland called Baccalaos, was added to the Engltf? Empire
<! His Com- by "^ SebaHian Qhabot ^ in the time of /i?;W? the Seventh,
mifl'io" you y^j, J j^ jj certain,that afterwards it grew to be a Cuftom,
K^.Franc! for the Officers belonging to the High Admiral of England
i2.Hf«.7. (in whoft charge are all the Seas fubje<5l to the King
of England and Jreland,zs Kingof England and Ireland) to
demand Tributes of fuch as fifli t alfo in this Sea j
which was (I fuppole) a moft evident token of the
tstat 2>& ^i"g's Dominion. But it was •" provided by an Adt
3. Ed. 6. of Parlament , in the Reign of Edward the Sixth, that
^<^^'^' no Tributes of that kinde , to the grievance of Fi-
fliermen, fhould bee paid any longer. How far our
En^iih Colonies, lately tranlported into America, have
poflcifcd themfelvs of the Sea there, I have as yet made
butli'vtlecncjuirie.
ToHchino;
Omer/hipoftheSea.CuAP.XXKL 44,3
Touching the T)ominion of the Kingof ^reat
, 'Britain in the Scotifh Sea^ eJpeciaUy
toward the Eaft and North.
ChAp. XXXI.
THofe particulars which were cited before out df
the ^ Proclamation of James King of Great 'Brl- ^ ProcUm.ji
Jain ^ abouctheProhibitionofFiniing, relate as 7f'^'.^
well to the Scotifh Seas ^ on every fide . frorn whence
alfbyou muftacknowledg their poflcfs ion hath been re-
teincd together with an antienc Sea -Dominion. Thac
is to fay, all Foreincrs were prohibited to Filh in thclc
Seas, without leav firft obteined at Edenburgh, And irt
thofe ScotifJ) A<5ts of Parlament, they are not fo much
new Laws made, as old ones revived, wherby it was
ordeined, xf)at ail manner of ' ififc^eres, tftat %^'f%' 4
occupies tlje ;S)ea, ann itljeces petfons qutjat {"'to^f'
rnmeDec tftat Ijappenis to flap i^ering 0? Padamm. 6.
citttDte jFilB upon m Coaft , 0? tt)itf)in tfte 'if^^^^^--.
^les 0; out Xbttt) tt)e (amen XbitOin tf)e jftitDeg '
b?ins tOem to ftee ?do?ts, jc. XbDere tDep map
bee (olD to tt)e 3int)abttants of tbe fame bmg^
bom . qubattbp ^ts i^areSies Cuftomes bee
not oeftaubeb , anb bts J^tenes JLieges not
fcttftrat of tl)e Comraobitie appointeb totbem
be (000 unbec tbe pain of conSfcation anb tpn-
fel of tbe befcJjrtles of tbem ttjat cumes in
tbe conttatc beceof, anb efcbeiting of all tbcit
mobabie gubbes to our foberame Ito^bS ufe.
So thic ule and benefit is claimed hence^ by a Iprcial
rigHc in that Sea: otherwife truly^ th.^nfe and bene^
Kkk 5 fTc
4.4-4- Book 11. Of the dominion, OY,
fie would of right no more appcrtcin cither to the
King of Scotland or his Subjects , than to any other
whonafoever. But the Law was made concerning
all Fidict-mcn, as well ftrangers as Scotckmtn • as bee-
log ordcincd by all the Eftatcs of that Kingdom, who
fo well underftood both the Kings Right, and alfo
their own (as fubordinate to the Kings) by Tradi-
tion from their Anccftors, or by long-continued pof-
fefsion and Dominion , that there remained not the
lead giound of fcruple touching that budncfs. And
a Scotijh Lsiwyct fpeaking about FiOiingintheEaAern
i GuiilVeU ^^^ ^^ Scotland, 1 cannot , faith ^ hee, omit to tell you^
mdm,de Do- that m the pajl Age , after a moH hkudie quarrel between
miniohUrif, ^j^ j^^g ^„^ Hollanders alout occajlom belonging to the
Sea , the matter Tlpos compofed after thu manner , that in
time to com the Hollanders fhould keep at leajl four/core miles
diUance from the Coafls of Scodand. ^nd if by acci.
dent they fl^ere driven near through «vldence of Tl^eather,
thy paid a certain Tribute at the ^ort of Aberdene before
their return , t^hen there ti^as a Cafile bmlt and fortified
for this and other occaftons j and this TIfas duly and really
pdd (iill by the Hollanders withm the memorie of our
Fathers y until that hy frequent diffmtions at home^ this Tri-
bute^ tifith a>ery many other l^igbts and CommoditieSj came to
nothings partly throi^h the negligence ofGoyermrs, andpart^
ly through the boldnefs of the Hollanders. So you ftc,
how Umits were by agreement prefcribed heretofore
in this Sea, to the Fifliing of Foreiners. But the more
Northerly Sea, which lie's againft Scotland^ was for the
moft pare in fubjcAion heretofore to the Norwegians^
and 'Danes ^ who were Lords of the I Acs there : So that
the people of the Orcades fpeak the Gothip? Language to
IdSiglkrL this day, l{ohertus de * Monte telfs us, that hec, who
GmbkcAn" v^as callcd l\ing ofthel/les, was poiTcft of "xxxTT I-
Owner/hip of the Sea.CnAP. XXXI. 445
flinds in that Sea above four hundred and fixtie years '
ago, paying fuch a- Tribute to the l^ing of Norway , that
at the fuccejsion of e\ery new ^ng , the King of the Ifles
prefefit'i him ten marks in Gdd, and makes no other acknoitf*. ,
Itdgmmt to him all his life long , unlefs another i(ing fucceed
again in Koripoy, And^ Giraldus Cambrenfis, vvrritingof uibemu '
tiieie things faith, that in the lS{orthern Sea^ beyond Ulfter ^'i^- ^c^.i r.
and Galloway, there are /eVeral IJlands^to Vtt^ the Orcades
andlnchades ( or Leucades , which fom would have to
bee the Habridis) and many other , oyer moH of which the
Norwegians hadDominiwt and held them in- fuhjedion, For^
although they lie much nearer to other Qountries , yet that Na-
tion teeing more given to the Sea, n/ually prefer/ s a Ttratick
kinde of life aboVs any other. So that all their Expeditions
and Wars are performed by Sea.Fight, . This hec wrote
in the time of Henrie the fecond. So that fomtimes
thofe Sea-Appendants of the Dominion oCBritain^ in
the Northern parcSj were invaded by Foreincrs. Hence % Hi^oria
alfoic is, that ^ OrdericmVitalis ^ fpeaking oi Magnus ^^'^¥#^''3
the fom of OUhs King of 2N(orK?^j>, faith ^ hee had a great 757.
power in the Ifles of the Sea ; which relate s unto the time
of William the Second King of England, The fame
Ordericus . alfo faith, that the Orcades, Finland, Ifland alfo
and Greenland, bepnd it^hich there is no other Countrie
Northward, and many other 04 far as Gothland, are fuh-
]eH to the K^ng of Norway , and 'health is brought thi-
ther by fnppincf from all parts of the Mrld, So wee have
here a clear defcription of the Dominion of the Norwe-
jdans heretofore , as well in this neighboring Sea of
3cortd^d,asinthe raore^pen. But m arcer time,when putiids,Fer-
as by ^ agreement made between Alexander the third rcmsjnAf-
King of Scots , and Magnui the fourth of Norwaie, ^^f^orh^'
as alfo bstween ^b^rt^ruce King of Scotland^ and Fia- Boetii Tub-
quin of Normie , it was concluded couching thefe i""^f'^>P''^'-
iQcs, '^'
A±S Book II. Of the 'Domnim, or,
lilts, that they fliould bceatincxcdto the Scotijh Do-
minion ; this coidd not bee don, but thci*c muft bee
a Ccfsion alfo of chat Sea-Dominion, which borde-
red round upon the Coaft of 2>lpripaie, Yet the Nor.
we^an King pollefled it for the moft part; and after-
wards the Dane , by an union of the two Kingdoms
of Denmark and Nomaie ; until chat Chriflkm the firft,
King of Norwaie and Denmark , upon the marriage of
his daughccr Margarite co James che third King of Scot-^
^ /W, made an 'abfolute Surrender of thefe Iflands,.
colmograf'h. and in the year of our Lord M CDLXX. transferred all
nb.i.&Gui' his right both in the! fles oi Grades and Shetland , TinA
den.inim thc rcft lying in the hither part of the Northern Sea, '
iuiis Brit, upon his Son in law, and his Succeflbrs. And as con-
M' 49 cerning this bufmefs, I fhall here fet down the words
of Joannes Ferrerlm, who was indeed Native of Pied-
mont) but (upplied with nfiattcr of Hiflorie out of the
Records of Scotland^ by Henrie ^dtnClStt^ Bifhop of
Bofs, Moreover in the Deucaledonian Sea toward the North-
Eajlj there are the I fles of Orcades, feated next to the Coajl of
Scotland, "U^hereof onely twmtie eight are at this dale in*
habited 5 and aho^e an hundred miles beyond the Orcades
towards Norway, are the Shedand Jfles in number eigh*
teen^ ft>hich an at this daie inhabited , and in fubjeSiion to the
Kjng of Scotland ; concerning y^hich^ there Ti^as a great quar-
rel in former Ages between the Scots and Danes , yet the
Dane hpt pojfefsion, JO thefe J/lands did Chrifliern f^ing
of Denmark peaceably furrender, together ft^ith his daughter
in marriage to James t^ing of Scots , until that either hee
himfelforhis pojleritie paid to the Siotlfh King or his Sue-
cejfors, in lien of her Dowrie, the fumme of fiftie thoufand
RhenyhFlorens^ which were never difcharged to this cJaie, For,
fo much I my felf have feen and read in the Deeds ofmarri'
agi betwixt Laiie Margarite danghter of the f^^ing of Den-
mark
Ownerjhi^ oftk i'^^.CnAP.XXXII. ^4,7
mark W James //?£ third IQng 0/ Scotland, drawn up
and fairly, figned "^ith the Seals of both Kingdoms Anno
Pom. I4|58.c^c. But', afterwards , Ti^heft hadk Majgarit^e
heeing Q^en had been delivered of her eldeH fm Jam^s Prince
of Seotlapd J the D;inilh King willing to congratulate hU
daughters good deliverie^ did for e^r furrender his right in the
] [lands of the Deucaledonian Sea^ to ivit , the Ijles of Or-
cades, Shetland, and others^ 4hich hee deliver d inpledg with
his daughter, upon her marriage to the Scotifli ^tng. I bear
the deeds of this furrender are kept among the Records be*
lo?iging to the Crown of Scotland* And (o at length thofc
Ifles , and the Dominion of this Sea , returned to the
Kings of Scotland^ vvhjch they enjoy at this day. The
Kings of S£otland have a pledg of Dominion alfo. in
this Sea , that is to lay, Tributes or Cuftoms impofcd
upon Fiflher-men, for Fifhing 5 of which by the way
you may read in their ^ Afts oi Parlamcnt. ^ Pdriam.6.
n<e Scot.c.^^^
ToMching that ^ight vphich belmig's to the
I\mg af (jreat Britain, in the main and
open Sea of the North. And the Con^
clitfion of the JVorl^.
Chap. XXXIL
Concerning that Neighboring Sea, which is a Ter»
ritoiie belonging to the Scots , I have Ipoken in
the former Chapter. But I muft not omit to treat
here of that Sea, which ftrctcheth it ftlf to a vffy l^rge
extent toward the North, wafhing the Coafts oi Frief
land, Iflmd^ and other ifles alfo under the Dominion
of the King of Denmark, or of 'Horway- For , even this
Lll Sea
4.4-8 Book II. Of the Dominion, or,
Clothe life
of j^ricola»
e In Advocat.
Hiffanic. lib.
I C4p.8.
in his Voi-
ages.Tow.i.
M- 590-
e 3 Hf«. «^ .
feu Ann%
/■» Scbedis
veiuHif Bib-
liothecse
Cotconia-
nx.
Scaalfo is affcribedby fomto the King of Great Sri-
tain- Albericm GentHis, applying that of ** Tacitus , The
Northern Coajls of Britain, having m Land /jiiwj agdtnjl
them, are lt^p?t by the rmn and open Sea-^ you fee, ^ faith hce,
how far the Dominion of the I^tng of Great Britain extend's
it Jelf toward the South, Northland If^ejl. As if almoft all
that which lay oppofitc to the Ifles of 'Britain, in the
open Sea, were within thtDoniinion of the King of
Great Srttain. And concerning the Northern Sea al(b,
which reacheth there to parts unknown, the very i^ame
thing in a manner was acknowledged by a fubjcd of
the King of Dentnarks, no mean roan , in a Letter that
hee wrote fom years fince to a friend of his in Eng-
landy his name is Cudhrandus Thorlacius, Bifliop of Ho-
la in Ifand, who in a Letter ^ lent hither ^ino MDXCV^
to Hugh Branham Paftor of Harwich^ call's the "Britains
almoftXords there of the whole Sea. There ss% faith
hee, a report now at this day, that you of Britain (Tinhorn I
had almoH called Lords of the Sea) have Negotiations eVery
Year inGroenland. But the Kings of Denmark deny it
here; and this more Northerly Sea which belong's
to JJland, they challenge to themfelvs, as they are Kings
of blprway • and that by antient right, if not unjuftly
pretended. To this purpofe let us obferv , that paffage
which I finde in a (peech of the Ambafladors of Erri*
cm the tenth King of Norway and Denmark , delivered
unto our Finrie the fift, which run*s to this cffc^^ * Moft
^'iBorioM ^tng of England, may it pleafyour Majejiie to
underftand, that our moH grathm Lord the I{ing of Nor-
way, &c. aforefatd, hath certain IJlands , to wit, Ifland,
3J^P> J^irtl8W0> andmme more belonging to his IQng-
dom of Norway, Ti?hereunto of old no per/ons Tifere fi^ont to
repxir out of other Countries , upon any occafions Ti?batfoeVer
either of Ftjhing or Merchandifuig , under peril of life and
limbs :
Oypner/hipo/theSea.CnAF.KKKil. aa^
Ihnbs 5 nor might the men of the Kingdom of Norway, more
than thofe of other Countries , whout Ipecial licence from
his Maje/lie, Nor might they after Licence ohteinedy fet forth
out of any other fUce than the Citie of Bergen, nor return t9
the Jame place but upon inevitable neceJ?itie,orli>hen they ought
to pate Qujloms and other Dutits to the Ring's Exchequer, ac.
cording to the mojl antient Cuflom of Norway , ffphtch hath
been constantly obfer^ed time out of minde in that I{ingdom,
Alfo, in the year MOrCCXLV7 ChriHophor King of ^ ifaamPon-
Denmark and Norway^ ^granted the Inhabitants of Zi^ 'Znkl^^^
rich:ee in Zealand a freedom of Navigation into his Zuer.slx-
Kingdom, IJland and other Iflesbeeing excepted andprohi- /^o'^S'^^^J,'
lited^ which are the very words of the Grant. More- vigatme
over, out of the League made at 2(Co/7/?e?2fc^^e7j in the year ^°^'»«^-
of our Lord ^ MCDXXXIl. between our Henrie the lixc s Fxd.Hen.6
and the fame Err'tcus King of \^orwaie, and Denmark) the ^H^i^^ &
Commifsioners of the King of Denmark who held a Dmu\
Treatic at Bremen with the Commifsioncrs of our i+?2. ^rr^.
Queen Elifabeth , in the year MDTcTi about the free Legltionil'
uie of this Sea, alleged this Article almoft to thcfame DanicaEfeu
fenf ; Jt is provided, that all Merchants, and all other men ^l^^^^^^^'
tohatfoever in fubjeclion to the IQng of England ^w^ France, iis, 1602. in
do not pre fume hereafter, under peril of lo^ of If e and goods ^ ^" ?p^^°"
40 <vifit the Countries of. iHsind, Finmarck, Halghaland, or toniana. '
anie otkr Prohibited places and unlawful Torts Ti^hatfo'eVer , in
the ^ngdoms of Denmark^ Sweden, and Norway. Yea,
and (om years before, the u(e of this Sea was prohibited
both to Merchants and Fifher-men , unlefs they were
bound with Merchandilc to Norr/? ^^rw, the mod emi-
nent Town of Traffick under the King o( ^ormie.
And touching that particular, there is an Ad of Parla- ^^ g
ment of Fimrie the fixt, whereby ^ fuch a kinde of caf. 2.&'
Prohibition continued in force for certain years , in fa- ^^°^ ParUm.
vor of the King of Non/?i?i>.So that there were many Let- ^^^^' '""^"
L 1 1 2 ters
4.50 Book IL Of the Vominion, or,
iK9\. Fran- tcrs Patcflts afccrwaids granted by 'our Kings to their
c*f, 18H.6. fubjcds of England, whereby they had Licence to go
^l\jrlnc\ unto I(lafd, Finmark, and other Dominions of the
12 H.j'^ot. King of Norway 2nd Sweden. But that Statute, the rigor
Franc, i Ed. ^^cjcof was di(pen(ed with at the King's pleafiTre,
^'stat.Hen. by fuch kindc of Grants, became ^ repealed at the begin-
8.f3'.i. ningot the Reign of King Hmie the eight. And Jo-
sJtoruLj.i. amies A/4tor making mention of that time, (aith, * A Fleet
o/£nghfh fl^efit everie year to ifland, beyond the ArBick
Circle to catch Fijh, But what manner of determination
fo6ver ought to bee made touching the Dominion of
this more Northerly Sea; yetceitain it is , fuch a per-
petual ftrvitude at lead was, by feveral agreements be-
twixt the Kings of England, and Horwaie , impofed up-
on ;t, that to this day alfo the fubjeds of England enjoy
a perpetual right of failing unto Jjland , and of uGng
and enjoying this fca. For, by a League made at /(o/>-
penhagen in the year MCDXC. betwixt Flcnrie the fc-
venth of England and John the (ccond King of Den-
• fa?(f.l)4- jnark^r\d^orwaie, it was concluded, '^ that aO Merchants
mc. r I Hen. ' 1 r r r
7^f.4.qaod and Uege men^ tijher-men^ and any other perjons Tt>hdtjoe)^er
inTabuIis hgdng fuhjeBs of the King of England and France, might
i6o1z.etiam for eVer in time to com Jail freely to the I/land Tyle , that
habcmus. istofaie, Iflaad (for, in that age it was generally taken
for Thule, as it is now alfo by fom ) thither to have re-
courfand to enter fi^ith their Jhips and goods , and merchan*
dife, a>iBmls ^ atid any other commodities T^hatfoeVer ^ uponoc-
cafton of buying^fellingy fifnng^ or mefchandtfing ; and there
to abide and conVerf after the manner of Merchants^ and from
thence freely to return as often asthe^pleaf, Ti^ithout any fro-
Ubition, molejiatim^ or impediment of Us or our heirs and fuC'
cejjors in the Kingdoms of Denmark and Norway , cr of
any of our Officers ; they paying the due rights and ufual Cu"
Jioms as Ti^eU in that IJland as alfo in the forts belonging to
the
Orpnerjhip of the Sea.CnAP.XXKlL 451
the fame yt>here they (haU happen to arrive, Tr9Videdalwaies,
that /even years immediatly after the date of thefe prefents,
they do Tetttion to renew their Licence from us and our fuc-
ceffors Kings of Denmark and Norway, to the end that fo
from fj(pen years to fe\en years , Merchants , and all other
perfons aforefaid, may for eVer dchwwled^ us and our fticcef-
fors Kin^s of Denmark W Norway, in the renewingof
their Licence. But chat this League was not limited by
any time, but concerned the heirs and fucccffors of both
the parties , appcar's not oncly in part by what hath
been alleged alrcadie, but by the very form of the Pre-
face, which I thought meet to add in this place. VFiee
John hy the Grace of God Kjn^ ^^ aforejaidy by the unani-
mous advtce and con fatt of our beloved Coun/etlors ^ and others
the Lords andNobks of our Kingdom of Denmark, have caw
fed a Treatie to bee had , t^lth the Orators »f the moji iUuflri-
ous frince Henrie, by the Grace of God^ King of England,
<i«i France, our mojl dear Brother , James Hatton, Do^or
of the Civil Law, Thomas Clarentieux ^ing of Arms,
Thomas Carter, WjohnBeliz, Merchants of Lyn, a-
tout the reflorvig of peace^ and eflahlipnng a perpetual concord
between our IQngdoms j fifhich CounfeHors of ours , and the
Orators, autorifed in our Citie of Koppenhagen , by Jpecid
Qmmif^ioH of the afore- namfd King 0/ England, our mojl
dear Brother^ and with ftJl power ^ whereof wee are affuredby
the Letters of thefaid f^ing of England, have concluded^
that between my our heirs , and fucceffors, well wiOers, friends
and allies^ and the mojliUuUrious Trince Henrie King o/Eng*
land ani France, our mofl dear Brother^ his heirs and fuc.
teffors^^cl! wiHers^ friends, and allies, there hee and fh all bee
for ever in time to com^ a perpetual peace j inviolable frlendfhip ^
and firm concord , in the following form. Yea , and that
League was renewed in the year mdxxiu. by Henrie
the eight of Etjgland, and ChriHiern the fecond King of
LI I } Denmark
1
4-5^ Book II. Of the Dominion, or,
Dtnmark and NorTi>ay,\n the fame form. The right there-
fore is perpetual, and tran(mi[ted to the heirs of the K.
of Eft^lofidj that the EngUfh fhould have a free ufe of
this more Northerly Sea belonging to Ijhnd. But fre-
quent Ambafsies notwithftanding pafled on both fides
about that bufinefs , in the Reigns of Frederick the le-
cond, and Chrijlkm the fourth.Kings oi Denmark, and of
Bifdeth Queen oi England, The D^^ae; alleged, that the
Englifh had no right to ufe this kinde of libertie, with-
out leav firft obtcined of the Kings of Denmark , and
that renewed every (even years, according to that league
made in the time of John the fccond and He?ine the fe-
venth. Moreover, Kicdas Craig, who was fint Am-
baffador into England by Chrijliern the fourth in the year
MDXCIX. pretended the agreement at Haderjlabe,
in the year MDLXXXIII. between Frederick the fecond
and Queen Elifaheth, as if it had therein been exprefs-
ly provided, that thisfervitudein theSeaof ^«J,efta-
blifhcd by the Englifh^ might bee limited by a denial of
Licence at chc pleafare of the King of Denmark^ But it
was anfwer'd both by the Lords at home in England,^s
alfb by the Queen's Commifsioners fent to Bremen for .
the tranfa(5ting of this bufinefs, that this right or Sea-ftr-
vitude is fo confirmed to the Englifh, as well by Pre-
fcription of time,as by perpetual agreements of Leagues,
thac that particular which occurr sin the agreements of
King John the fecond , and FJemie the fevcnth about
asking of Licence, doth in no wife relate to this effect •
that whether it were denied or not requefted by Petiti-
on , that right or ftrvitude could bee diminifhed,but to
this end onely, thac the EngUfh, by a cuftomarie Peti- -p
tioning every feven years, might acknowledg the Nor-
wegim right in this Sea. There was neither manner, fl
nor condition, nor time annexed to the fervitude , but it
cook
Ovpnerjhip of the Sea. Chap.XXXIL 4.5J
took place there oncly to this end , that the memoric
mecrly of the benefit of the League or of the Original
of the fervicude eftaUifhed , might bee renewed now
and then by Petition. Yea, Frederkk^t ftcond in his
letters to Queen Elifabeth, dated the fourth of Maie^
MDLXXXV, moft exprefsly difclaims this Clauf of
the League, which concern's Petitioning for Licence.
And truly the whole right of the EngUfh in that Sea,
was not firft claimed by them upon the account of that
League at l^ofpenhagen^ whatever they of Norway may
pretend to the contrarie. For, when the Ambafladors
lent heretofore by Erricus the tenth to our Hemic the fife,
made complaint about Englifli men's fifhing in this
Sea, the King of BigUnd (I fuppofe) intimate's plain-
ly enough, thathec had Com right before in that Sea,
while at that time hee granted this oncly in favor of the
King of Ncrwjiie^ that the Englifh fhould no otherwifc
ufe Fifhing there for the year immediately enfuing,rA?4«
as it had been ufml in antient time, and this hee commanded
by publick Proclamation made in the more eminent
Ports and Cities. The time Hmited, and the antienc
Cuftom oi Fifhing, do plainly import fom former
right. But here I give you the form of the Proclama-
tions ; " /f JJ required^ that none of the Lieges of our Lord ° Veu Scbtdi
the I^mg , for certain caufes specially moyin^ our Lord the 7 |n"g-,bh!'
t\jng h'mfdfy do, for one year next enfuin^ , pre fume to go otheca Cot-
unto the Iflands belonging to the kingdoms of Denmark and to^i^na. &
Norwaic, and ejpecialiy towards the IJie o/^fflSnOC, for /nen.^'
thecauf of Fijhingor any other occafion , to the prejudice of Membran.<i»
the K^ngofthe afore/ aid kingdoms , otherwife than they were '" ''^•' *
wont in antient time.
It appeal's aUo by Parlamentarie** Records of the fame ^^ p ^
King's Reign, that the Englifh u(ed Fifhing in that Sea ^ Hen. 5.
vcty many years before. But that League made at faT.i.membr.
Haderjlabe '-'^'
4-54- Bc©k IL Of the Vominion, or,
BL^derJUbe (pictended before by Cmg) doth not relate
unto Fifliiog either in the Sea o( IJlandfixfin this of Nor-
v<V^, but to the Traffick and Mcichandife uled then
by our Merchants of the Aio/covie-Companie. For ^ this
onely was agreed , that the Merchants of that Compa-
nip, becing conftrained by Tcnapefts, or otherwilc ,
might freely have acceft to the (hores and Ports both
of Jfland and ISlprwde ; hui Tifith this T\eferv, that they do
not m any kind Traffick^ and u/e Merchandife ^ in the
^orts of Norwaie or ifland before prohibited^ nor molejl the
SuhjeSls of the King of the faiid places in any thing againjl
the Hws of Hojpitalitie^ and that they wholly abUeinfrom all
manner of inj^rie 5 w hicU is the f urame of that Anfwer
which was given to Craigy by the Peers of England, But
all things are clearly explained about this budnefs, and
that right of the EngUfli defended at large in the Letters
fcnt by Queen Elifaheth to (jhrifliern the fourth bearing
date Cat. Septemhris Anno SlDXCIX. So much whereof
as concern's this particular , I think meet to inftrt.
M therequeH of the mojl excellent frince your Highneffe's
Father^ ^ee fent (fay the Queen'S Letters) an Jmbafja- '
A>' wro Germanie, Unn» MDLXXVli. fohoTreatedVith
his Qomnufsioners about aU masters in controverfie^ and ejpe-
ciaUy about the Fifhing of ifland and Norway , "^here it
, , fif as found, that the Kin? infilled oneU upon a former Treatie
doW.AngUa Of two years ^Truce, meremttlk^atthat tme agreed^ that
^' the Engiifli fhould not fail, beyond Hagaland. But there
'twere fiHral Treaties "Voith the ^gs John a?id Chriftiern
a^eged on our fart , fipherein , all former controverfies beeing
compofed, it Tfos otherwife agreed and concluded ; and both
parties Ti^ere to Hand to this Treatie of general peace made of
teru^ards^ not to the preceding two years Truce. Which the mojl
excellent Trince your Father , acknoipledgir^ , defired by his
Letters^ that that controverfte might bee referr'd to another
difqui'
Oivncrfloip of the i'^^^CnAP. XXXII. a 55
difquifition. But fmce that time , m fuel? difquifttm hath
been made. ISljVerthelefs Ti^ee trnderfiand that our JuhkEls
fijhing ha^ye been taken , tormented^ and kmdled in a hojtile
i manner. Whether this bee jujlly don^ all men "^ill hee able to
judg y^ho pmll weigh our Rtafons wh an impartial minde.
Wee do not deny , but that the Lord Chancellor Wi^UHXXS
and dc -jBSntiCO, "^hen "^ they came unto Us ^ didin\ords ^xxhli^-^
pretend that the jijbing o/lfland W Norway TtV^ ufed by dors in E«<
the Engliih , contrarie to the Leagues and Agreements of ^^^IJ^^^^
the F\jngdoms. But feeing they neither did nor could pro -
duce any proof y and "^ee haVe authentick evidences atteUed
by the i^mgs John md Chriftiern to the contrarie, "ii^hereto
mire credit ought to hee given than to bare Allegations,
the matter Ti^as put off to another time. It '^04 anfwefd
alfo to D'^ Craig , that the TranfaElion ft^hich Upos con-
cluded Vith King Frederick at Haderllabe in the year
of our Lord M D LX X X III hehngs nothing at all to this
Buftnefs , for the real on bef#rc mentioned. And
a little after the Letters (peak thus. But that "Ufhich is
pretended from the Treatie t»ith Km^john, (the aforeftid
Treatie at i^pppcnhagen) that licenffor fijhing ought to bee
renewed by petition from feVen years to feven years {a^ a thing
'U>htch for Very many Tt>as not omitte.l) Wee anfwer , that the
fault of its omifiion proceeded not from the Englidi, hut from
the Danes. For , that feVen years Liceyif It^as petitioned
for till the time that King ChrifticrnTl'rfj expdtcd, about the
year of our Lord MDXXl. IBut afterward it ceafed to bee
renewed^ hecaufof the uncertaintie to tvhom the fuccefTion of
the f(ingdom did lawfully belong. And fence the time of the faid
e:cpulfton of King Chriftiern , neither iQng Frederick your
great Grandfather^ nor Chriftiern }'Ottr' Grandfather, nor Fre-
derick joKr Highntffes Father^ ever urged any fuch petition
for Licenf But concieving former Treaties fnffident, fi^hich
Ivl m m Tifere
zj.56 Book 11. Of the Vominion, or,
Tifcre mjide hetween the Kjf^g^ ^ni I^ngdoms^ they Mtdd not
ifindVate any thing after a prefcript'ton of Verie manie years,
feemg they Ti^ere otherwife /ufficiently fecure that the fame thin?
yt^ould never bee attempted ^ ^hich TUfO/s thefrfl occafton of or-
daining fuch aLicenf, And to this end, the Letters offing
ffcdcnckyourHighneJfes Father Ti?ritten to Us , and bearing
date^the fourth o/May, Anno MDLXXXV ^ere fyewn to
VoBor Craig , purporting that if the Englilli abfleinedfrom
dmg injuries, theyJJwuld enjoy the 'H^Ofited liber tie and faVor^
T^ithout any- mention or requiring of a Petition for Licenf-
tifhereas never thelefs Wee ojfer'd you, that our Merchants
fhould hereafter petition you from feVen years to feVen years,
^ according to the antimt and long continued CuUom^ "^hich ojjer
Wee under fland your Highuefs Ti^ouldnot admits For, the
moil cxccllcnc Queen would not ocherwife acknow-
kdg the Jarifdidlion and Empire of the King of
Denmark and Norway in this Sea, than that the whole
Icrvitude or right oF fifbing afore- memioncd , there
eltabhfhed (as afoie faid ) might (as a confidcrable
part of the antient Patrimonie) bee retcined to her and
her Succeflbrs.There were other Letters and Treaties al-
'f'^'^^ni^ lo about this bufinefs, in the year'MDCII. But the
faleth'tm. Controverfie beeing deferred, nothing was concluded.
2.annoi6oz. gjf j^ appear* s the King of Great Britain hath Empire
and Dominion alio in the Sea which lies far more
Northerly than Ifland. To wit , in that of Groenland,
lor, this Sea having never been enter'd by occupati-
on, nor ufed in the Art and Exercife of Fiflicric, was
firftinthemcmorie of our Fathers rendrcd very gain-
ful, through a peculiar fifhing for Whales , by thofe
Eighfh Merchants of the A/o/covie- Companie who failed
chat way. Thculeofa Sea never cnccr'd by Occupa-
tion and fuch a kinde of profit bceingfirft difcover'd,
doth
OvmerJJn^oftheSea. Chaf.XXXII. 4.57
doth according to the manner of the claim , give a
Dominion to the dilcoveret who claim's it in the name
of another (as herein the name of the Scveraign of
England) 2S well by a corporal as intentional polTelsion,
^no othervf ife than do:h the firft boch natural and civil
poffefsion of any other things whatfcever that were
never yet podeflcd. Upon which ground it was, that
Kingjawff , in his Letters of credence given to the
worthie and moft accomplifhed S'^ Hanrk Wotton
Knight his Ambaflador in Holland ^ and others cm-
ploied by him to treat about that bufincis, did verie ^
juftly call thz Ftfh'iHgs in the Nerth Sea near the Shores
of Groenland , ^acquired for Us onely and Ours by (zc^Stpemb.
right. ACopi^of
But that wee may at length conclude ,. whatfo^ver J^j-sTs m '
hath been difcourfed hit erto touching the Right and Sr Ao^-rt
Sea-Dominion of the Kings of Great Britain , and the LibrVric.
antient extent of their Royal Patrimonie in the Sea,
give mee Icav to fum up the whole in certain V^f^cs
of the moft excellent Hugo GrottM (ofwhofc Law-
writings, fo far as they concern ctther a private Do-
minion of the Sea , or a Communitie, wee have
fpoken in the former Book ) which were very ele-
gantly written heretofore to K. James y upon his
Inauguration in the Kingdom of England. Saith
hee,
• ' Triafceptra Trofutidi ubZ'''^^^'
Jn Magnum coiere Ducem, -*
Xifi^ s>ttpms of tfje SDeep t^icpouits oo
%o rnate a %mmt fo? a misDttc IKmjsr*
''*'^'* " Mmm' z And
4.58 Book II, Of the Dominion, or.
And then addrefsirg his Speech to the Sca^ that i$
wont to receiv its nootion from the Moon,
Sume anlmos a ^e^e tuo, meliore leVatu^
Siclere , nee cda populos quocunque calmtes
Sole^ per immenfum quern drcumyoheris orbem,
Siuis det Jura Marl.
%m coutage from tftp Ecrtal dPobertio?,
:Xs bp tde influence of a better dtar,
:%nti m tt)p coutf about tl)e wo;tb erpiain
%o all nianfttnbe,tbt)o tis tDat rule $ ttie maim
And in another place,
lick omnia cafus
Magna fms metumt^ Jacobo promijfa poteftas
Cum Terris Telagoque manet, "
Xl^ousD all steat t^ms a fail bo fear,
pet James tjiiB! potber muft ttanb,
ibmnQ eniats^b anb compof 0
i&otD of tbe ^ea anb Hanb.
A little after alfo, hce proceed 's thusj
. ' Eerum Katura creatrix
ViVtfit populos^ cr meta^ ipja mtaVtt-
Sic juga Tirenx,ftc olim T^enm ^ Jfpes
Imperils menfnra fuit : Te flumine nuHo
Vetinuity nulla nimboji yertlcis arce ;
Sed Totum complexa parens hie terminus ipft
Subjlitit^ at que mo Voluitfub limite claudu
Tetibifepofuitf fupremaingurgite^Nereus.
Finis hie ejl, qui Fine caret. ^£ meta Brifannps^
Utarafmtallisy ^egiiqmacctj^tamie^y
^d yentis "Veli/que f 4ter.— r '
ii^atttve
On^nerjlnp of the Sea, Chap.XXX. ^1501
ji5atttte i)er feif ttjc mifttefe of nianfeino
§att) fetter D ii^ations, anD tljeit bouuDs De-
^0 tDe Pyrcn'eanXOpS, Afpcs, aUD l^hine,
:as bounDs to empires 5>ftGe Hi» once afsigrt*
pet Xt)pe ^^ee ttitf) no astbec l)att) confin 0 ,
^0? loftie Xo» er tftat bate s tl)e fto?mie
Sut l)at3mg tDjotbn W tbibe imb?aces touno
5Ct)e illmWrf, l)erefte't fterfelftOptBounb,
:^nb mean t one limit (l)oulb pou bott) contain,
XDee Nereiis ijatl) feciubeb in tl)e maim
XbiS <BOUnl> UnbOnnbeb is» Greac Britain
ftanbs
ConRneb bp tOe S>Do?es of otfter lanbs ;
:anb all tDat.map bp Mliinbs ano s>ails bee
knotbn
3& m accefsion of (o great a Crotbm
And without aueftion it is true, according to the
Colledtion of Teftimonies before alleged, that the ve-
ry Shores or Ports of the Neighbor- Princes beyond-
Sea, are Bounds of the Sca-Tcrritorie of the ^r'ttijh Em-^
pite to the Southward and Eaftward; but that ini
the open and vaft Ocean of the North and Weft, they
arc to bee placed at the utmoft extent of thofe moffi
fpacious Seas, which are poffeft by the EnglijJ?^ Scots^
and Irijh.
FIMIS.
Traifand Glorie bee to God our Saviour,
I
» t i
v#
[
ADDITIONAL
EVIDENCES,
Concerning the
RIGHT OFSOVERAIGNTIE
and Dominion of E S\(J^ L A JA(jD
in the S E A:
Colledied
Out of certain publick Papers, relating
to the Reigns of K. JJMES^
2nd K. (;HAJ{LS.
LOliDON,
VntktcdhyWiOum Du'Gard, Jn^Dom. i6<yi.
Wrr!.;? ,-^'^.. ■yi. '^^^<fc.
C+<JO
ADDITIONAL
EVIDENCES
Concerning the
RIGHT OFSOVERAIGNTIE
and Dominion of E JA(_9 ^ ^ ^KP.
in the SEA:
CoUeaed
Out of certain publick Papers, relating
to the Reigns of K. J AMES ^
;H E Learned Autor having fully evin-
ced the Right of this Ifland in the
Sea, and that from all Antiquitie, it
were luperiluous to feek atccr any
farther Teftimonies relating toeldct
timeSjWherein hee himfelf hath been
(b abundant, and alreadic (et down the moft material ;
And therefore it is conceived rcquifite to add a few fuch
Evidences onely, as are found among (everal Papers
af publick. Tranfaftion, which are ftill tobeeproda-'
N n n ccdj
4^4-
Additioml B'videfices.
ccd, and wilt (erv to flievv how that claim which hath
been made fuccefsivdy by all our Kings of the BjgUp?
Race, was continued down to chcprefentTiracs, by
the two Princes of the Scottf? Extraction.
In the feventh year of the Reign of King James,ih\s
Right was ftoutlyafferted by 'Proc/<»fwr/o«, and all pcr-
fons excluded from the ufe of the Seas upon our Coafts,
without particular Licence; the Grounds whereof you
have here fe down in the Troclatmuon it felf.
A Proclamation
TOUCHING
FISHING.
AMES bp tl)t <j5tace of (Son Bins of
Great Britain, France, guD Ireland, 2)EfCn'
m of tt\t 5fattl),w. %o all ann On-
gulat: pccrong to iDboni it map appep
ttitt, (^mtm, ::ait!)oasl) mtt no fuffiaetiti?
ftnott) bp £)ttt <Erptticnce in tl)c £)fiRce of Mt=
sal SDignitic ( in tbftlcD, bp tlje fabo? of Zl
mtgljtic (500, imt Dabc ban piaccb anb rrrt-
cifcb tljcfe Jitanp pears ) as alfo bv tiic obfrr-
batton tbljicr) mu Ijabe matt of otDcr €ii;u
aian '^?tnccs erentplaric actions, t)0U) fat t^
abfolntmcfs of ^oberaign ^mt rrtmbftti
It
(tAdditional Evidences.
ft felf, ano tljat in reflaro thereof, ©nee neeli
not pielD accompt to anp pprfon unoec dBoo ,
fo? anp action of ^urs, «)l)irt) is lattftillv
gamnoeD upon ttjat^uft ^ajetosatttoe : pet
tttclj t)atlj eber bcrn , anD ftiau w Due catc
auD Defite to gibe fatisfaction to ^Dur i^eig^
bo^^d^inces, anD ftietiDs, iitanp action id^i^
map 5abe tf)e leaft relation to tfteir: S>ttl)|ects
anD (Eftates, as SEiee fjabe tfjoagftt ga)0 (bp
itoap of fcienblp premonition ) to Declare unto
tb^mall, anDtoibbomfoeberit map appertain^
as foUfltbetb.
asibereas ajiiee bab^ been contenteD Once €>nr
comma to tbe Crotbn, to tolerate an inDifferent
auD promifcuous i^inDe of libertie to all ^nr
f nenDS ibbatfoeber , to jfifti ibitbin fijnr
;S>treams , ano upon anp of €>ttr Coatts of
Gvca ourain, Ireland, aUD OtfteT aD|acent 3"
flanDs , fo far fo?tb as tbe permtfston o? ufe
tijereof migbt not reDounDtotDe impeac{)men£
of ^ar )^;terogatibe 3aoial> no; to t|ie |mtt anD
Damage of £)uriobing •S>ub|ects, Ibftofe p?e.
frruation auD flouriOjing €ftate mtt DolD iS>\xc
izS, pjincipaiip bonnD to aDbance before aif
ibonoip refpects : ^o RnDing tbat ^w con-
tmuance tbcrem, batbnot onelp gibenoccaQo»
of obrrgreat encroacbments imon j©ur 3Re-
galttits 01 ratber queftioning to? €)ur Higftt,;
bur bat!) b^« a means tifDatlp Kbjongs to
^ur otbn ^Beople tbat erercife tbe XraDe of
5^u}img, as ( eitberbptbe multituDeofftran«
gcrs ibbicb 60 p?e-oceupie jtljofe places, o?bp
^z tnfurtes ibljicb tbep receib moft commonl?
^tljeirljanDS) £)nr ;S)ubrects are conftraftieor
iiinn* (o
\6s
a€6 ■ Additional Evidences.
to abantjon t^ett jftfljins, o^atieaft ate becdm
fo DtrcowageD in tt)e fame, as tt)ep tolti it bet-
tet fo?tl)eni> to betaue tl)emreibs to fomotl)ei:
cottvC of itbing , ibt)etebp not onelp Dibersof
jDuc Coaft-XotbiiS are nmcl) brca^eb, but tfie
nttinbet of ^atinetg bail^ biminiibeb , n)t)ic^
is amattet of gteatconfeQuencetoi^urieaate,
;Con{iDet:inst)olbmuct)tDe atengtt) thereof con-
llSett) in tije potbec of ^biPPing anb ufe of
'^abtjsation ; ag>ee t)abe tt)ousf)t it uoib bott)
Ittfl: anb necedatie ( in tefpect tljat mtt au
tibtb bp ^ob'S fabo; itneaUpanbiaiUfnUppof'
feffeb, asiSjell of ttje ^flanb of Great Britain, ag
of Ireland, anb tt)e teftof ttjc JficsaUiacent) to
betDinlt ^m Celbs of gosb laibful means to
pjebent tt)ofe tnconbcntenres, anb manp ottiets
tepenbing upon tt)e fante. Jjn connoeratton
Ibbeteof , as naee ate beGtous tijat tt)e ibc;lb
map tafte notice, ttiat usee t)abe no intention to
denie £)nt neigt)bo;s anb aUifS> tgofe ftuits
mn beneQts of ^eace anb 5fttenbQ)ip , ibt)tci3
map bee mQl? etQ>ecteb at ^w tjanbs in i)i>
tioianbtealbn, o; ateafib;beb bp oti)et|^;tn°
ces Htntnallp in tt)e point of Connnrtce, anb
€]tct)ange of tgofe things tbtjicli mav not p;obc
|i;e/ttbiciaito tt)etn: fo becauf Com fuel) conbe-
ntent ojbet map bee tai^en in tUis mattet as map
fufScientlp p;obibe fo; all tbefe important con-
Qbetations ibt)icD bo bepenb tljeteupon ; i&^
l^abe teCoibeb Stll to gibe notice to an ti)c
tbo?lb> tDat £)ut ei^p^efs pleafute iSy %t)u
ftom tDe beginning of tt)e)^ontD of Aueuft mpt
coming, no petTon of XbDat illation o; ilualitie
Coebet, beeing not Dut natutal bo^it ^nbiert.
(t'iddltional Evidences^ \6J
W ptruttteeD to 5fi(Ij upott anp of ^ucCoaiiiat
atlD ^WS of Great Bricain, Ireland, atlD tl)e tell
fif tl)e Jfles aDiacent , itobere moft ufuaU^
Detetofo^e anp ififfiing ijatl) been, unta t^ei?
Datje ojoeilp DemanDeo ann obtemeD llicen(e$
from ^s> o;fuct)l>ui:Commtfsionets,asa&ee
tjabe auto^ifeo mtl)atbet)alf,viz. at London foj
iDncSKeaims of imgiandanoireiand, auD at £-
denborough fo? £)UC ilealm of ScoJand; tdDlCft
^Itcenfes £)tti: mtention is, (Jail W peatlpbe-
inanbeD, fo; fo manp bedels anD ^t^ps > anD
tDe SonnagetDereof > as IJiaU mtenD to f ifl)
foj; tljat Hjfiole vcat, o? aitp part thereof, upon
anp of £)ur Coafts, anb ^eas as afo?efaib,up-
on pain of fucljcbaftjfement > as ftall bee fit to
b£s inflicteb upon fuel) ibilful j©ffenbo?s. ^^
: ' dayofh/ldiy^in thej'^jeirofOur^^ign
of Gtc^tBrimn, Anno Dom. i6op.
Notwithftanding this Proclamation, the Netherlan^^
den proceeded ftill m their way of encroachment upon
our Seas and Coafts, through the whole Reign of that
King , and were at length fo bold as to conteft with
him y and endeavor to baffle him out of his Rights J
pretcnding,becauf of the. long connivence of himfclf
and Queen Elifabeth , that they had a Right of thcit
own by immemorial pofjefsion 5 which fom Commirsio^
ners of theirs that were fent over hither, had the coa-^
fidence to plead i?i Termtnfs^ to the King and his Coun-»!
cil. And though the King , ouc of his tcndernefs tn
them infiftcd ftill u^on his own Righc^ by his Council
\ . Nnp ? iQ
j|,^8 ' 'Additional Evidences.
to thole Commifsioners, and by his Ambaflador cd
their Superiors, yet they made no other ufc of his In*
dulgcnce, thaatotirc out his whole Reign, and abuli
his Patience by their artificial delaics, prctenfes , (hifts,
dilatorie addrefles, and cvafive Anfwers. And all that
the King gained by the tcdioos difputcs , overtures ,
«nd di(pat(±c$ to and again, was in conclufion oncly
a verbal acknowledgment of thole Rights; which at
the fame times that they acknowledged , they uiailly
defigned to invade with much more inlblencc than be-
fore. But you have the main of what paflcd in rholc
daies in this particular^ with their infolent dcmeai or,
lively dcfcribed in thtfe following Colle<5hons , taken
out of fcveralDi I patches tharpafled betwixt Seaetarie
T^amton , and T)udley Car It m Lord Ambaflador from
the King, to the States of the United Provinces.
In a Letter of Secretarie ^h^aunton's to the
faid Ambaffador, dated at White-Hall^
the 21 oi 'December ^ i(5i8. 1 finde thefe
palTages,
1 Muft now Ut your Lordp?ip know] that the State's Com-
mijsmtrs and Deputies both ha'mrfg attended his htajejlig
at New-Market, and there prefented their Letters of Cre-
dence^ returned to London on Saturday "^as a feyefini^ht,
mid ufon Tueflay had Audience in the CounctUChamhary^hert
leemg required to communicate the points of their (^ommi/sim,
they deUverd their meditated Anfwer at length, the i ords
«<po» perufalofity appointed my Lord Bining and mee to at*
tend his Majefiie for direEUms^ T^hat Feply to return to this
^mer of theirs • Tt^hich Irepre/ented to their Lordfhips yefier*
^jit$ this ej^^i Jhathuiit^e^befomd itjiran^e^ that
Jdditional SVidences, 4 ^^
thy luVmg hen fo often required by your Lord[hip his Maje-
Jiies Amhaffidor^ a>5 from himfelf^ in thir puhlick /^jfrnibly^
to /end oVtr Qommlfsiomrs fully autorifed to treat a?id conclude,
not o?icly of all diffaences grown htween th SuhkBs of both
States J touching the Trade to the Eaft-lndics, ajid the Whale.
Fifhing, and to regulate and fettle a joint and aneVenTraf
fck in thofe Qmrters^ but y^ithall to take order for a more
indifferent courf of determining other ^eflions growing between
our Merchants and them about their Draperies and the Tare •
^nd more ej^ecially to determine his Majefties Right for the
folc Fifhing upon all the Coafts of his Three Kingdoms,
into ttfhich they had of late times incroached farther than of
Eight theycotild; And laWy^forthereglement and reducing
of their Coins to fuch a proportion and correJj)ondence ^ith
thoje of his Majefies and other States , that their SubjeBs
might make no advantage to tranjport our Monies by inhan*
fing their njaluation there. All Iphich they confeffed your Lord-
Jhip had inHanced the?nfor in his Majefties name ^ that after
dl this attent on his Majeflie's part^ andfo long deliberation on
theirs, they ^ere com at UU T^ith a Tropofttion to Jpeak onely to
the two firjt points, and injlruEled thereunto la^ith hart Let.
ters of Creance onely ^ T^hich his ^ajeHie takes for an Impg-
rioHS fafnon of proceeding in them^ as if they "Were com hither
toTreat of Iphat themfelvs pleafed , and to gm Law to his
Majejlie in his own Kingdom, and to propofe and admit of no-
thing but >ki Jhould tend meerly to their own ends.
To the fecond ; Whereas they f^ould decline all debate of the
Ftfnngs upon his Majejlie'f CoaHSj firfl by allegations of their
lategreat lojfes and an Efmeute of their people , T^ho are all
intereffed in that ^uejlion, and ^ould bee like to break out into
fom comhujlion to the ha:^ri of their State yohlch hath lately
fcaped Naufragc, and ps not yet altogether calmed ; What
is this but to raif an advantage to themfehs out of their difad-
vantage ^ ^ut afterwards they profeji their lothnefs to call
it
%
A JO Additional Evidences.
It irtto icuht or queFihn, cLwrw^ an immanorid fojft/T.on feccn^
Jed tj the La» o[lS{amts ; To ^hich his Wajeftie 'd^iUhalx
them tJd^ tJ^attksE^T^ of Spiin haVe fought Ux)f to Fi(h
there by TrtMk from cJyts Crown ; ojii that tl?e lQn<y of
France (a nejoer K^ighbor to oitr CoaUs than they ) ra this
day rtqm^s leap for a few Vejftls to Ft(h far TroVijlon of his
(»n bokfhdd^ Afki that it afftar sfo much the fnore Jlrafi<re to hit
Mafflk, thdttbey keinga State offo late date , fhould bet
Ae fifjl ibjt l^tadd prefume to queftion his Majejlie'i antiefit
It^fiji mutybutidred -fears iiiViolMy p§jjtjfd by his Troge-
mtars, and ^ckmwledged by all ctber antient States an!
(Rrwca. That thcmjet^sin tJ)eir puhlick Letters of the laFi
cf June,' fifU by y nr Lardjlnf , feetned thn ro confirtn
their hamtmorid p^ffej^un {as tl:ty ttarm it ) l^ith dL
<7JiT5 Treaties^ ds aie ^ the year 1 5 5O; and anotlnr bttaeai
bisMijeJhes freJecelfms and Chldstk fift^ as frtnce c/
thdfi fmVmces , acd not by tlx Law of ISIations, To mhich
th^LJl Tlea, bis Maje/lle Ifiodd haVe them told , tJ^t hee
Ita^mi IJhmder-Triuce^ is rtst igmrant of ths Lavs and
!?{gS/x fif hk asfn Kjf^doms^ war deth exjpecl to bee taught t h
^ Laws sf 2\[atkfis by t/jtm, nor tljtir Gioims^ ttfhofc til thri^
n/mgwa^H rather teach others to dijat^om bis TcfitiGHS^ And
hishoatjUe cMid in^mjlsm by tbemfths ^ might render his
luarmf^ as much fufpecied to them ^ as his per fen. This his
iHjeflie take's fur an high pomt of his SoVeraigntie , aiid l^iS
tMtl^aVe St flighted oy^ar if I any fa^lnon'SfhatJaeyer,
Thml hai^ particdated iuito ymtJje nwuKr of our pro^
ixedi^^iitb them. Let tJjetn aivife to feek leaV frwi his
M^^^ie^ andtoachiiowkdghim bis Sight, as other ^rhxes
bdVeJoH^ diidd9'^ «r ittnaj ^eUcomtQ pafs^ that they that
ItlUitaisie^rali the "^M before thm, hy their Mare Li-
bcrum, m.^ /knccmtohaye neither Tcrram & SoJum,?i9r
Rcmpublicam libcram,
Aa4
tAdJUional EvUencei.
£^ in a Lt::r: c:" ::.^ .:,.i j\ __cr
C-'rhon r-. S-"--:*"r:e i\(awtic.:',^ \i the 20
fir.-: :h:5 Re:u:r:;, touching me oiiiineis
471
w
_- . - ^ ,- - ■ - - ■ . . ^ J
If fix'. 1, ^.i r i fjR'mAar jtais^ "J^
the L on icftbcr fii ^ ^0om j :^
Smto »1 ii/l tbvtjs dry ^rt t9 Trut ami t^ih , ^
ta^tf Ak CK jmgie Tnlfmu JaA itfad. 1 :..- f
<Zn^ ^ Grjctjod FjL^my^tkfttlK /ofkafAmCmm'
trk fi^^ JmaUTnlmg wfm elaymK sf tkar Bmffo,
i^bichkmt/owmcb dsSfuteltf mtf tfbr Xidi^s >to-
^^Elpor] /rib ^Jf itf Kjj^s wi-lp^^ if tiii Itiir,
. Ooo dtf
4-7^
Additional Evidences.
' that J pre fumed of his permijlion tofujfer them to continue their
courfof Fi/^/wg. f^hich they might ufe thereby "U^ith more
Freedom^ and lefs apprehenfion of moleUation, and let than be-
fore, andltkewifejparethe Cojl of fom of their Men of War,
t^hich they yearly fend out to maintein that by force j ^t^hichthlty
may haye ofcourtefie,
The ?nncc anfwerd^ that forhimfelf at his return from
. Utrechc, hee Hfould do his bejl endeavor to procure his Maje^
flie contentment, but hee doubted the Hollanders li^ould appre-
hend the fameejfeB in their paiment for Fipnng^ as they found
in the pajfage of r/;e Sound , "^here at firfl an eafie matter
Ttfas demanded by the ^mg of Dcnmarkj but now more ex-
aSied than they can poj^tbly bear : And touching their Men
of War hee faid^ they muU flill hee at the fame char^ lt>ith
them^hecauf of the Tirats. Withal^ hee caU out a queWon
to mee^ whether this freedom of Fifhing might not bee redeemed
ftfith a Summe of monie i To which! anfwered, it was a matter
of ^ialtte more than ofUtilitie, though Princes were not to
negleSl their profit.
And in another Letter of thefaid Ambaflador from
the Hague to Sccretaric Naunton, of the 14 of Januarie
1618. Hee give's him to underftand. That haVmg been
expoflulate^ with , but in friendly manner^ by certain of the
States about his late J^ropofition^ as unfeafonable andfharp, they
faid , they acknowledg their Commifsioners ^ent beyond
their limits in their terms of Immemorial Poflefsion and
iramuable Droi(St de Gens 5 for which they had no order*
Then., faith hee, I defined them to conftder what a wrong it is
to challenge that upon right ^ which thefe Provinces have hither^
toenjoied, either by connivence or courtefie^ and yet never with-
out claim on his Majeflifsfide, <src.
In
Additional Syidencef. 4 -^^
In another Letter of Sccrctaric ^S^MntOffs
to the Lord Annbafsador (^irlion^ of th«
i\oi fanuarie^itii. wee read thus :
•
AS / h^d dtcUitd thtt^ f-ir , I r^tei^d dire^anfr$m
his Majfflk to /^nifi! to the Scxe's-Comniifsio-
ners here^ Thu dbeit thf^r ?xy->^eH ewiFUik ami bis
gracious confiJer^tm oftbec:: ^ their QmrA aUd
State, hadmo^ed huMjjeHu :: c;i i: : > the Truik
of the ^ut Pif^'^'g till th v.'r,t r^- ; : .; ': > ; : C: .^nifSmers»
jet underfianlsT^ by nem 4.-:.; ^r^ ^ ;■-::.:;;;. .- ;/ \fj';-
ners and Fijhers ufm the €::':: :f ^:c: a r.d. :::::: : ;/: r^
f:ur or fi'fie Ufl jtjfs ^ the Lew C.v;: i---; r,- -^,, ::rin
Jo^eat adHHiagts of '^'ri Mj-^ ;:; ; ";:-;:,;;. ■'::: :'yj
Ikf^grmn TKortrand r^tx -? :.; •; ';;^ }'U[' :.: ; (^:-;~'; ^^'.ir
J) J? Jr, rifwn the) did i "; : ' ' ; : ;. . - : T; ■.{: , ':;.:" ^, :.: ,; '; -.^
'4ny '~Bcwi hfjr th C:u ^t^i: Tr. :. : .: i ^ \^ ; ; v ; ; ; , - ; , ^ : i en
their Trmcis Q'-ijh ^ :-.: rr' ^r: y^, :' -:■: :u- ~:: :•{
intejtt to cyitmti^ t'^-r.f : re;-:.: -'..:.; :-.„.: r. , : ■■%
of thir'nrtitVt'^'..: : ' :<r. : .r \-:: :: ;;:.';: ^ :/ .:j
of thelih.'v'derici fr:^,c: : r "..'4' r';rT -C;?: H/ V/r^-
ftmcxnnit fo^bfir to t:.. . . ., r.^: ^?? u f:li;i..:: .::.:ii
of the Equitte of th Scutes ^ - .~" :^^ Ihrndlt ^i^i^
thy bear w:: ': ,t Su: ^J]: ^r i-^j fjh, t^'Jitthey
T^tU never .:J:^ : :,;:■.: --:.; ; ;;>:--4:-,f j::-:^.:::. 'T
Wtf^mnt le^, :\ ^ ..;:::•: v. ;: :':;•;.;.; : .:'?
«n^ cn^j '^::; ■'- "'''■'"'■ - "■' , ' M^'^"
flift hith hymn ji^^irej tcnin :; ■■c/.t :: :-•.' - 5;,- ^:'; :;
eauf Trxljma:.: f r-ff ^;:^', :■:;;;:,;;.::= " - ^ ^ -r-
jeBit}Ft^h Tbi: * - ^ ' ' c- N!^ . . . ;/
yfif f or in <vi^ :.-;^ '..r^^-:^ , ;. .:- :-.^'.t :i: U'*:cj
A J A. Additional Evidences.
Commi/smers to hee autortfed on both fides ^ for a final fettling
of the main 6ufmefs. His Majejlie hath likewife dirededmee
to command you from him^ to make the like Declaration and In-
fiance to the States there , and to certifie his Majefiie of their
Anjwerf Vith T^hat convenient jpeed you may.
Thus far Secretarie Naunton to the AmbaflTador.
Now what cfFcdt the Ambaflador's Negotiation
with the States had , appeal's by a Letter of his from
the Ha^ue J of the 6 of Februarie^ 1618, to King James
himfelf ; where, among other paffages hee hath this :
I finde likewife in the manner of proceedings that treating
by way of ^roj^ofition here^ nothing can bee exJ^eSied but their
fronted dilatorie and eyaftVe Anfwers ^ their manner beeing to
refer fuch t^ropofitions from the States General to the States
of Holland. The States of Holland Me advice ofacer-*
tain Council reftding at Delph, f^hich thy call the Council
of the Fifhcrie. From them fuch an Anfwer commonly cotns^
as may bee ex^eBed from fuch an Oracle, The "^ay therefore
(under correSiion) to effeB your MajeHie^s intent, is to begin
"^ith the Fijhers themjelvs^ by publtf?ing^ again jl the time of
their going out, your refolution^ at ^hat diflance you "S^iU per-
mit them to Fijh, Tiphereby they tt>ill hee forced to have recourf
to their Council of Fifherie,' that Council to the States of
Holland; aud thofe of Holhn^ to the States-General, ^ho
then in place of beeing fought unto , ftfill for contentment of
their SubjeBs feek unto your Ma]e!iie,
By theft you may perceiv how carneftly the anticnt
Rights of England were aflTcrted , and the old Claim
made and renewed , and a recognition made alfo in
the Reign of that King by the Netherlanders themftlvs,
though all proved to no purpofc , the King and his
Coun-
Additional SVidences, ^^yj
Council bceing af:erward lull'd again into a conni-
vence one ^A' ay or other, And it give's fufficicnc cauf
to fiifped, that the men in Power ac that time might
bee charm'd with monie j fince it was a ^dn put by
the Prince of Orangz to the Ambaffador Carlton , in the
heat of all the Controverfie, Whilm the Freedom ofFiJh-
trig 7?u^ht not hee redeemed yi^itJy a Jumme of monie f tor ^
turning overthe Papers of Tranfadions of the Time
immediately following, I perceiv the difpute waslec
fall on a fudden , and thereupon an opportunitie gi-
ven the tletherhnders , to encroach more and more
every year , upon the Seas and Shores of ehis Ifland.
And (b far they proceeded in this prefump'uous Courf,
through the Toleration given chera in the later end of
the Reign of King James , and the bcgining of the f\ a -
late 7^r£if his fon, that at length they fell to a down-^^^^^^ **
right inpeachment of our Rights, not in words onc-^^tTJ/ '"'■***
ly, but by contemning the commands of the Kings
Officers , prohibiting us free Commerce within out
own Seas, abufing and difturbing the Subjects at Sea,
and the King himfclf in his very Ports and Chambers;
and by rnany other anions of fq intolerable a nature,
chat in the year 1^55 hee was awakened and conftrai-
ned to fee to the prefervation of our Rights at Sea, and
give order for the fctting forth of a powerful Fleet , to
check the audacious defignsand attempts of thofe un-
grateful Neighbors* And the following year, in pro^
fccutionof hispurpofe^ hee fet forth this en fuing ^r(h
cUmation, entituled.
O 00 5 A
4.76 Additional Evidences.
t^^l^^^^ir^^^f^s^^rt^^^f^^^rk^^f^
A Procl
M
rociamation
For reftraintof Fifhing upon
His Majeftie's Seas and Coafts with- ■
out LICENCE.
f^^^^ms& Dut MiX^tt of iBUIteti tneuio-
tiMvm fai^ a #?ociamatioit toucljinfl if (ft.
ins ; tDDevebp fo? V&i manp important teafons;
tJbevetn eicp^eOeD) all petfons, of XbU^t ^dxm
ti% ^ualttte foetet (bG^ing not l^is natural bo?n
iS>tib^ectst) mxt teltcaineD from Jfifttng upon
anptlje Coafts anl>g»eaS of <5tm Britain, Ire-
land, anbtDe ceftoftlje^fles ab]iacent> tbt)ere
moft ttfuallp Decetofo?e jf iftiing fjab be^ n , until
tDei> Dab ojbetlp benianbeb, anb obtaincb Etcen*-
ces from Due faib father, 0? !^tg Comntifsio-
nets: in t^^t bet)alf, upon pain ot fuel) cDaftifr.»
ntentas Qioulb W fit to bee inflicteb upon fuel)
ibilful £)ffenbo?s : Siinte UiDict) time, albeit
neitt)et€)uc faib jFatDcr, no? ^ur^elf Dabe
mabeanr conObecable erecution of x^t faib 0?o«
ciamation, but tiabetbiti) mucf) patience erpect'
ebaDoluntacie confo^uutie of £)ur ^-ctgl)bo?fi;
anb :^llies, to fo )uft anb teafonable ^?ol)ibiti='
ons
Jdditional Eyidences,
ons ant) ^Directions as ate containeti in t&e
fame*
:anD noU) finDing bp ejcperience , tljat all tlje
lncDnt3entences U)t)tct) occaGoneti tOat )^;tocla'
niation, areratDer incteafentl)en abated: aimee
beeingberp fenQbie of tbe p^emiCfes, anb Ibell
fenoibing l)olbfar naee ate obligebtn l^ono? to
inaintam tlje ttgljts of £DutCtoibn, efpeciallp
of fo great confequencr, Ijabe tbougbt it Hecef-
fatie, bp tljeabbiceof £)utt^zibie Council, to
reneib tt)e afo?efaib tefttaint of lifting upon
^ur afojefaib Coafts anb ^ eas, ibitljout ILv
cencefirftobtaineb from Us, anb bp tljefe pje-
fentsto mafee publicb2Declaration, tftat £)ut
refolutionis (at times conbenient) to feeepfucl)
a competent ttrengtl) of 5>bipping upon Dur
^eas, as map (bp dSob's bleffing) bee fufficient,
botb to liiaber fucf) futtber enctoacljments upon
€^ut legalities , anb affift anb protect tljofe
^ur gojb jfrienbsanbi^Uies, Xbftonjall bence-
fo?tft, bp btrtueof €)ur ^licences (to bee firft
obtaineb ; enbeabo? to tafte tbe benefit of fiflj-
fng upon €>ur Coafts anb ^eas , tn tl)e places
accufto!neb^
(jiven at Our 'Talace o/VVeftininfter the
tenth day ^/^ May, in the twelfth year of^
Our^Reign of England, Scotland,
France^, ^/7^ Ireland.
This Proclamation bceing ^tt forth in the year 1^5 5J
fcrvcd to fpeak the intent of thole naval preparations^
made before in the year 16^5. which were'fo nunrut-
Jous and well-provided , that our T<lzthilani.-^t\^^
bors
477
iyg Additional Evidences.
bors bccing touched with the apprchcnilon of fom
great dcfign in hand for the Intereft oi England by Sea '
and of the guile that lay upon their own Confcicnccs,
for their bold Encroachments, foon betrayed their Jea-
loufies and Fears, and in them S fenf of their offences^
before ever the Proclamation was made publick ; As
I might Ihewat large (if it were requilitc) by certain
Papers of a pubUck Chatsder yet in beeing. But
therelsone, InUar omnium, which may ferv in ftead
©f all . and it is an acute Letter of ^ecretarie Cokes
that was written to Sir William BofiPtl , the King s Refi-
dent then at the Bague, the Original whereof js ftill re,
ftrved among the publick Papers : In which Letter,
hee fet*s forth the Grounds and Reafons of prcpannor
that gallant Navie, with the King's refolution to main-
tain the Right derived from his Anccftors , in the Do-
minion of the Seas ^ and therefore I here render a true
Copie of it, fo far as Concern's this bufinefs , as moft
pertinent to our purpoft.
(S1R\)
BY your Letters and otherwife, I perceiv many jeakuftei
and difcourfes are raifed u^n the preparations cf his Maie-
flies Vleetj fifhich is now in fuch forwardnej?^ that "Wee doubt
not hut li^ithin this Month it yVtll appear at Sea. It is there*
fore expedient both for your fatiffaSlion^ and direElion , to in^
form you particularly Tfhat^ 06 the occafion, and f^hat is his
Majejlies intention in this Tibor^.
Firft , Ti^ee hold it a principle not to bee denied , That the
King of Great Britain is a Monarch at Land and Sea to the
fuU extent of his Dominions ^ and that it concemeth him ds
much to maintain Ins SoVeraigntie in all the Britip? Seas , as
'Spithin his three I^mgdoms : becauf Ti^ithout that thefe can-
mt bee kept fafe^ mr hee preferV his honor and due rej^e^
Ti^ith
Additional Evidences,
H^ith other ^atiom. But commanding the Seds , he mt^
caufhls Keighbors and all Countries to /land upon their guard
When/oeVer hee think: s fit. ^nd this cannot bet doubted that
mhofoever ^ill encroach upon Urn by Sea^ ytill do it by Land at-
fOy y^p hen they fee their time. To /uch prefumption M^irt li-
bcrum gave the fir ji '^amng piece, which mufi hteanfwered
with a defence of Marc Claufum : mt /9 mmh by Dijcour-
fes^ M by the lowder Language of a powerful l^avie, to bee bet*
ter underflood^ when oVerfirained patience Jeeth ?io hope of pre-
Jeryingher^g't by otf^er means .
J he Degrees by which hii Maje flit's Donmton at Sea hath of
later y^ars bten firfl impeached and then queJUmed^ are as con-
/Iderable as notorious.
ftrft. tochenfl), an.i as it were to ntirfup our unthankful
neighbors , IVee gaVe them leaV to gaher wealth and firength
upcn cur CBaHs , m our Torts , by our Trade and by our Teople,
Then thty were glad to incite our Merchant's Btfidmce w^th
what privileges thy would de fire. Then they offend to us eVen
the SoVeraigntte of their Efiates^ and then they fued for Li-
cemeto fifh upontlye Coafls^ andohtAimd it under the Great
Seal of Scotland ^ which now thty fupprefs, /4nd wJjen thus
hy kaV or by connivence, they had poffeffd thmftlVs of our
Fifhin^s^ fiot onely in Spotland, but in I rcland and England,
and by our ftaplt had raifed a great flock of Trade ; by thefi
means they /0 encreafed their flipping and power at Sea , that
now they endure mt to bee kept at any diflance : N^^*; they art
grown to that confidence to keep guards upon ourSeas-^and then to
frojeB an Office and Compame of Affurance for tie advmuement
of Irade-^ and withal, prohibit us free comnurcc even within our
Sea^s J and take our jhtps and goods , iftt^ee onfum mt to their
Placates, H'/j^r inf lemies and cruelties they have committed a^
gainU us heretofore , in Ireland , w Groenland , and in the
Indies, is too well known to all the world In aU which ^ though
mir [offerings andtheirwrongmayfeem forgotten, yet the great
P p p interefl
+79
4^0
zJdditional Evidences:
interejl of his MajeUie's honor , isjlill the fame , and Vili
refrep) their Memories ds there Jhall bee cauf For, thou^r
charitte miijl remit "Wrongs don to private men^ yet the refleSlion
upon the publick may make it a greater charitie to do Jujlice
on crying crimes. All this not withUanding, you are not to con-
ceiv that the Tl^ork of thU Fleet, is either revenge or execu-
tion of Jujlice for theje great offences paH^ hut chiefly for the
future to flop the <vident current of that prejum^tion "^hen^
by the Men of War and Frec-booters of all Natiom {abuflng
the favor of his Majeflies peaceable andgratiou^ Government ,
tipherehy hee hath permitted all kis Friends and Allies , r©
make ufe of his Sea^ and Torts in a reafonable and free
manner, and according to his Treaties) haVe taken upon them
the boldnej?^ not onely to com confidently at all times into all
his Torts and l\iVirs ^ but to conVeie their Merchant's [hips
06 high 06 his chief Citie^ and then to taU Anchor clofe upon
his Maga:^ms^ and to contemn the commands of his Offi-
cers^ yphen they required a farther diflance. But '^hich is
more intolerable^ have aflaulted and taken one another T^ithin
his MajeHies Chamber , and Hfithin his Eivers, to the /corn
and contempt of hk Domiyuon and Tower ; and this heeing of
late years an ordmarie praBice 'i^hich ^ee haVe endeavored in
rvain to reform by the waies offuHice and Treaties , the Iforli
I think will now bee fatis fled, that Ti^ee have reajon to look
about «i» And no wife man will doubt that it is high time
to put our Jelvs in this Equipage upon the Seos , and not to
fuffer that Stage of aBion to hee taken from us for want of
our appearance.
So you fee the general ground upon which mr Qunfels
fland. In particular^ you may take notice^ andpuhlifl? as cauf
requires, Ihat his Majeflie by this Fleet intendeth not a T(^p-
ture with any Trince or State, nor to infringe any point of his
Treaties ; but re/olveth to continue ani maintein that happie
pern lphmwit}i God hath 6leffed his IQngdom ; and to which
all hisjt^hn and lS(egotiatms have hitherto tendi'd , as
by y^ur own MiruHions you may fully widerHand. But
ytfhhal conjukring^ that Teace viuft bee immtdmd by the
'itm of power ^ which onely keep's down War by hepbig up
Dommoiiy his^Majeflie thm pro\wked , finde's it nccejfar'te
4Ven for his own defence and fafetie to reajfume and keep
his antient and undoubted Eight in the Dominion of thefe
Seas J and to (ujfer no other Prince or State to encroach up.
on him^ thereby affuming to themfehs or their Admirals ^ any
'^So'veraign command : hut to force them to perform due ho^
mage to his Admirals and Ships , and to p:iy them acknow-
"itdgmmts^ as in former times they did. Hee will al/o fet
:4^pen and protefl the free Trade bqth of his SubjeEis and Ah
lies : And give them fuch ffe ConduEl and ConVoie , as
they frail reafonably require. Hee will fuffer no other Fleets
i'm Men of War to^keep any guard upon thefe SeaSy or there
to offer foiolence or take pri:^s or booties^ or to give inter-
ytruptiontoany lawfulintercourf In a word^ his Majejlie is
''i^refolvcd^ as to do no wrongs fo to do Jujlice both to his Sub-
'^jiSis and Friends ^ within the limits of his Seas . And this is
^the real and 1[oial dejign of this Yleet , whereof pu may
^give part as you finde occafion to our good neighbors in thofc
"^farts^ that no Umbrage may hee taken of any hojlile aB or pur--
{fofe to their prejudice in any kinde. So wifhingyou all health
Mandhaj^pimjs, I reji
> ^j^ -^ <ur - >- ^- -Your affured ftiend
i^_ WhitehaH^
^'^'H Aprd^\6^^. and Servant,
our
ftyle.
:^-m .^^.
JOHN COOK.
Ppp 2 In
a8i Additional Evidences.
In this Letter you fee firft,how it was held for an un-
deniable principle, that the King was King by Sea as
well as by Land ; That neither the honor nor fafctic
of this Ifland and W^wJ could bee maintained, but by
preferving the Dominion by Sea ^ and chat it is an ar-
gument, that they that encroach upon us by Sea , will
do it alfo by Land when they fee their tinrte. Hcc de-
dare's al(b, how our unthankful neighbors are riftn to
this hightand infolence, partly by grant, partly by con-
nivence, but principally through their many injurious
abufcs of our Patience and Indulgence. And laftly,you
may obfcrv here what refblutions were then taken to
prevent the lil*: injuries, and prcferv our Englijh Intcreft
in time to com. But how thole Refolutions were fol-
lowed in the fuccecding part of his Reign, I fhallnot
ftandtoexaoainc; onely it fufBccthhete to take notice,
that the Claim of Sea-Dominion was made by him, as
well as by his Father, and for a time ftrenuoufly a(-
ftrtcd . though afterward hee flackned bis hand in the
profecution j whereof the J>JetherUnders ukin^ ad-
vantage, and of our late commotions (which were
their Ha/c^^ow-daies, and time of Harveft) are now ad.
vanced to fuch a monfirous pitch of pride, malice, and
ingratitude, that they dare bid defiance to thofe antient
Rights which wee have received from all Antiquitic,
and juftifie their actions by a moft unjuft and bloudic
war , in the view of all the world. What remain's
then , but that the Parlament and People of Bigland
.{hould lay chefe things to heart, with an indignation
anfwerable to fo prodigious violations and invafions ?
They have now an opportunitie and ftrength given
them by God ( O let not hearts bee wanting ! ) to
make good the Claim , and accompHfh that work of
cftabUffiing OUT Intercfts by Sea, beyond the polsibilitie
of
^Additional Evidences. a8j
of future impeachments. Let it not bee faid, that Eng-
I;i«^, in the ftace of Mow^rctrVj was able to hold the So-
vcraignne of the Seas fo many hundred years , and then
loft It in the ftate of Liberties It is, as now cftabliflied
wich its Appendants , the greateft and moft glorious
Republick , that the Sun ever (aw , except the Roman,
God hath made it fo by Land, and will by Sea. for,
without this, the Land is nothing. Ic was ever lb ap-
prehended by lyings, yea by the laft and worft cf our
Kings : And fliall the Founders of this famous ftru,
<^ure of Government now in beeing , who have ca-
fliiered Kings , and vindicated the Rights and Liber*
ties of this Nation upon his head and his whole po-
fteritie and partie , not afferc them againft perfidious
Neighbors? It were unpardonable in any to harbor
a thought of that nature, or to yield that fuch a blcmifh
fliould bee brought upon all tho(? glorious anions and
atchievmenrs , whereby God hath freed and innobled
our Land and Nation,
But that the people of England may bee excited to a
valuation, maintenance, and improvement of their in-,
tereft by Sea , it is necedarie to let them underftand
Avhat advantages arc to bee made thereby, and are made
by others, who of UjufruEiuaries by permifsion , have
in defign now to make themtelvs abfolute Lords of the
Fee, And therefore it is very convenient here to fee
down an excellent Difcourf which was written in
the time of the late King, and prefentcd by the follow-
ing Title.
Ppp? Tkk
aS4 T'herB^hiS-mi^ommi^dities
^he ineU'mahle %tche^.4ni (^omm^ttieSf()^
TH E Coafi of Gicat Britain do yield fueh a conti-
nual Sca-harvcft of gain, and benefit to all thole
that with diligence do labor in the fame, that no time
or feafon in the year paffeth away without fom appa-
rent means of profitable imploiment, dpecially to luch
as apply themfelvs to Fidiing, which from the begins
ing of the year unto the latter end,continucth upon lorn
part or other upon out Coails , and therein fiicb infi-
nite (holes and multitudes of Fiflics are offered to the
takers as may juftly move admiration, not onely to
ftrangers , buc to thofe that daily bee imploied amoiigft
them. :^-G^:ai-^**j:»»ii^
The Summer-Fifhing for Herring, beginneth about
Midfommtr, and laftcth fom part of AuguU,
The Winter Fifhing for Herring , lafteth from S<^-
fewier to the mid'ft of I^ovo;iier , both which extend
.in place from IBoughones in Scotland ^ to. the. Tiiameki
mouth. :? .th)"^. "'T»^
The Fifliing for Cod at Ahmhy Whirl'mgton, and Wbke
.I^aVerij neartbeCoaftofL4wc<a/^/>e, from EaHer until
VVhkjontide. m^j^
1 ncf ifhing for Hake at ^&rJewV, Jhvefwhich , and
other places between Vp^ales and Ireland^ from FFhitfon.
tide to Saint fames tide, ; n :yfi
The Fifhing of Cod and Ling , about TadHom ^.
within the Land, and of Seyern from ChnUmas toM/J-
Lent
The Fifliing for Cod on the Weft part of Ireland fre-
quented by thofe of Bifcay^ Galicta, SLnd ^ortugalj from-
the begining of April until the end of Jme,
. The
ofthe^BritiJh Seas. ^85
The Finiing for Cod and Ling on the North , and
Norch-Eaft oi Ireland , from ChuJJma^ until Michael-
The Fifhing for Pilchers on the Weft coaft of England
from Saint James-tidc until Wlkhaelma^.
The Fifhing for Cod, and Ling upon the Korth-
Eaft of England^ from Eajler until Midjummer.
The Fifhing of great Staple-Ling and many other
fores of rini lying about theifland of ^'cor/W, and in
the fcveral parts of the Britijh Seas all the year long.
In Sfptetnber, not many years (ince upon the Coaft of
D€Vonp?iye near Minigal^ 500 Ton of Fifli were taken
in one day. And about the fame time three thoufand
pound worth of Fifh in one day were taken at S' Ives
in Cornwalby fmall Boats, and other poor provifions.
Our five-men-Boats,and cobles adventuring in a calm
tolaunchoutamongftthe Holland Euftcs^ not fat from
"2\obinhco£s Bay returned to ynitbie full fraught with
Herrings, and reported that they faw fom of thofe Buf-
fcstake ten,twentie, twcntic four lafts, at a draught, of
Herrings, and returned into their own Countrie with
fortie, fiftic, and an hundred Lafts of Herrings in one
Bufs.
Our Fleet of Colliers not many years fince returning
from l^ew-cajlle , laden with Coals about the Well,
near Elanhorough head, and Scarborough^ met with fuch
multitudes of Cod, Ling and Herring,th3t one amongft
the reft with certain fhip. hooks, and other like iuftru-
ments , drew up as much Cod , and Ling in a little
fpacc of time , as were fold well near for as much as
her whole Lading of Cole. And many hundred of
fhips might have been there laden in two daies and
two nights.
Out of which wonderful affluence, and abundance
•' - of
a8(J The "^ches and Comtjnodmes
ibf Fifli fwarmingin our Seas , that wcc may the bet-
ter perceiv the infinite gain which Forcin Nations
make, I willefpecially infift upon the Fifhing of the
Hollanders in ourCoafts, and thereby (hew how by
this means principally they hare incieaied.
J. In Shipping.
1. In Mariners.
3* In Trade.
^, In Toi»ns and Fortifications,
5. In Toiler extern or abroad.
6. In public/^^eyenue.
J. In private xpealth.
8. In all manner o/TroyiJtons , and jlore of
things necejfarie.
Encreaj of Shipping,
BEfides 700 Strand-Boats , 400 Evars , and 400
Sullits, Drivers and Tod boats, wherewith the
Hollanders fidi upon their own Coafls, every one
of thofe imploying another Ship to fetch fait, and carric
their Fifli into other Countries^ bceing in ail j 000 (ail,
maintaining and fetting on work at leaft 4000 pctfons,
Fifhers, Tradefmen, Women , and Children ,. They
:^
of the'BritiJh Seas. a%j
hare 100 Doycr Boats , of 150 Tunsapiccc^ or there*
abouts , 700 Pinks and Wcll-Boacs from 60 to 100
Tans a piece, which altogether fidi upon the Gjafts of
JEn^Und and Scotland for Cod , and Ling onely. And
each of thcfe employ another Veflcl for providing of
fait, and tranfporting of their Fifh , making in all
i5oo (hips , which maintain and employ perfons of
all forts, 4000 at leaft.
FortheHcrringfeafoo, they have 1^00 Buffcs at the
leaft, all of them Fifhing onely upon our Coaflsfrora
''Boughonnefs in Scotland to the mouth of Thames, And
every one of thcfe maketh work for three other (hips
that attend her 5 the one to bring in (ait from Forein
parts, another to carrie the faid iAz^ and cask cothe
Buffes , and to bring back their Herrings , and the
third totranfport the (aid Fi(h into Forein Countries.
So that the total number of Ihips and Bu(res plying the
Herri ng- Fa ir,is6400j whereby every Bufs,one witha-
nothcr, iroployeth fortie men , Mariners and Fi(hers
within her own hold , and the reft ten men a piece,
which amounteth to iiioco Fi(hers and Mariners.
All which maintain double , if not treble (o many
Xradefmen, Women, and Children a land.
Moreover^they have 400 other \tSt\% at leaft , that
take Herring at Yarmouth^ and there fell them for readic
monie: fo that the Hollanders (befidcs 3 00 fhips be-
fore-mentioned fifliing upon their own fhores) have
at leaft 4800 (hips onely maintained by the Seas of Great
Britain, by which means principally Holland beeing not
fobigas one of our fhircs of England , containing not
above 28 miles in length, and three in breadth, have
cncrcafed the number of their (hipping jto at leaft r^w
thoufand fail , beeing more then are in BngUnd, France,
S^m, fortugal^ My, Denmark, Wand, Sweden, and
Qjjq Kw/ii4.
I
4.88 The^ches and Commodities
Eufsia. Aivlto this number they add every day^ although
their G>untrie it felf afFord's them neither materials or
viSual^ nor merchandife CO bee accounted oftowafdc
their retting forth.
Befides thcfe of Holland, Lubeck hath 700 great fhips,
fiamhorough fix hundred , Emhdm fourteen hundred,
whercunto add the fliips of Bremer^ 'Bi/cay^ fortu^al,
SpainyOLtid France, which for the moft partfifliia our
Seas^ and it will appear that ten choufand fail of Forein
VefTels and above are employed and maintcincd by
fifhing upon our Coafts. So that in Holland there are
built a thoufand fail at the leafl to fupply fhip wracks ,
and augment their ftore, which as the Prince^ and com-
mon Nurferie , is the chiefcfl means onely to encreaf
their number.
2.
Sncreaf of Mariners.
TH E number of fhips fifhing on our Coafls, as
beeing aforefaid 8400. If wee allow but twen-
tic perfbns to every fhip one with another, the total
of Mariners and Fifhers, amounteth to 168000, out of
which number they daily furnifh their longer Voiages
to all parts of the world 5 for by this means they arc
not onely enabled to brook the Seas, and to know the
ufe of the tackles and compafs, but are likewift inftm-
ded in the principles of Navigation, and Pilotage, in-
fomuch as from hence their greatefl Navigators have
had their education and breeding.
5. Encreaf
of the "Britijh Sea^. ^gp
?•
Sncreaf of Trade.
BY rcafon of thofe mulcicudc of Ships and Mari-
ners, they have extended their Trade to all parts
of the world, exporting for the moft part in all their
Voiages our Herring,and other Fifli for the maintenance
of the fanfie. In exchange whereof they return the
feveral commodities of other Countriw.
From the Southern parts , as France, Spain, and for-
tugd.iox our Herrings they return Oils, Winesj, Prunes,
Honie, Wools, &c. with (lore of Coin in Specie,
From the Straits , Velvets , Sattins , and all forts of
Silks, Alums, Currans, Oils, and all Grocerie- ware,
with much raonic.
From theEaft-Countrics for our Herrings, and othct
French and Italian commodities before recurned ^ they
.bring home Corn, Wax, Flax^ Hemp, Pitch, Tar,Sope-
Aflies, Iron, Copper, Steel, Clap board,Wainfcor, Tim-
ber, Deal-board, pollers, and Hmgarie-Gildcrs.
From Germanie,(ox Herrings, and other fait Fiil), Iron,
SteeljGlafSjMil ftones, Rhenifh wines , Button-plate
for Arraot, with other Munition, Silks, Velvets , Rafli-
c$,Fuftians,Baratces, and fuch like Franckford-cotnaich
dities, with (lore of Rix-doller$,
From Brabant they return fot the moft part readie
monie witn ibm Tapeftries,and HulUfhop. Yea,fom
of our Herring are carried as far as "^rafetl.
And that which is more (Irange and greatly to our
flume, they have four hundred Ships with Fifh, which
our men of Yarmouth , within ken almoft at land do
vent our Herrings amongft us here in England^sind make
us pay for the Fifli taken upon our own Coaft readie
Q^q z monie,
A^ o The %ichts and (Commodities
monic, wherewith they ftore their own Countrie.
4-
Sncreaj of Towns and Forts.
•
BY this their large extent of Trade , they are becom
as it were Cuizens of the whole world, whereby
they have fo enlarged their Towns, that moft of them
within thele four hundred years are full as great again
as they were b^ore ; Jmfierdam, hey den ^ and Mtddk-
burgh having been lately twice enlarged and their ftiects
and buildings fo fait , and orderly fct forth , that for
bcautieandftrength, they may compare with any o-
ther in the world , ufon which they bcftow infinite
fummcs of nionics, all originally flowing from the
bountie of the Sea, from whence, by their labor and
induftrie^they derive the begining of all that wealth and
greatncfs, and particularly for the Havens of the afore-
laid Towns whereof lorn of them coft fortic, fiftie,or
an hundred thoufand pound. Their Fortifications al* '
fo both for number , and ftrcngtb , upon which chey
havebeftowed infinite fummes of nfonie, may com-
pare with any other whatfoever.
EncreaJ of porter abroad.
Uch beeing then the number of the Ships and
Mariners , and fo great their Trade, occafioned
principally by their Fifhing ; they have not onely
ftrcngthned, andfortifieed themfelvs at home to repel
all Forcin Invafions, as lately in the war between them
and Spain 5 but have likcwifc ftretched their power
into
s
of the "Briti/h Sea^s. a^i
into the Eafl: and Weft- Indies, in many places where-
of they are Lords of the Sea-Coafts , and have like-
wife fortified upon the main , where the Kings and
people are at their devotion. And more then this, all
Neighbor-PrinceSjin their differences^ by reafonof this
their power at Sea , are glad to have them of their
partie. So that, next to the Enghfli , they are now
becora the mo'ft redoubted Nation at "Sea of any o,
ther whatfoever.
6.
Encreaf of fHblick^%eyenuet
Moreover how mightie the publick Rcvenue^aiid
Cuftoms of that State are encrealed by their fifli-*
ing, may appear in that above thirtic years fince, over
and above the Cuftoms of other Merchandife, Excifes^
Licences, Waftage, and Laftage^ there was paid to th^
iStatc,for Cuftom of Herring, and other falt-Fifh, above
three hundred ihoufand pound in one year, befidcs the
tenth Fifli,and Cask paid for Waftage,which cometh at
the leaft to as much more among the Hollanders oncly,
whereunto the tenth of other Natior>s beeing added,
it amounteth to a far greater fumme.
Wee are likewife to know, that great part of thek
Fifhisfold in other Countries for readic monies, fof
which chey commonly export of the fincftgold, and
filver, and coming home rccoin it of a bafer allay, un-
der their own ftamp, which is not a fmall means to
augment their publick treafure.
Qjqq J 7.Encreaf
A^i The ^ches and Commodities
7-
Encreaf of private IVeahh .
AS touching their private wealth, if wee confi-
dcr the abundant ftorc of Herrings^ and other fifh
by them taken, and the ufual prices that they are fold
for, as al(b the multitude of Tradefmen and Artizans,
that by reafbn of this their Fifliing are daily fct on
work, wee muft needs conclude that the gain there-
of made by private men muft of necefsitie bee ex-
ceeding great, as by obferving the particulars following
will plainly appear.
During the wars between the King of vS^pjim , and
•the HoUandm before the laft Truce , Dunkirk by ta-
king, (polling, and burning the Bufles of Holland^ and
fe.tcing great ranfom upon their Pifhcr.men , enforced
•hem to compound for great fummes that they might
Fifli quietly for one year , whereupon the next year
after the Fifher-men agreed amongftthemfelvs to pay
a doUer upon every laft of Herrings,towards the main-
tenance of certain Ships of War to waft and (ccurc
them in their Fifhing, by leafon whereof there was a
Record kept of the feveral lafts of Herrings taken
that year, and it appeared thereby that in one half year
there were taken thirtie thoufand lafts of Herrings
which at twelv pound /7fr laft,amounteth to 3600000,
and at fixteen,twentie, thirtie pound the laft, they arc
ordinarily fold, then tranfported into other Countries,
it corr.eth at Icaft to 5000000 L Whereunto if wee
add the Herrings taken by jother Nations together
with the Cod, Ling, Hake , and the Fifh taken by
the HoBanders , and other our neighbors upon the
Britifh
ofthe^ritijh Seas. Am
Britifli Coafts all the year long, the total will evident-
ly arife to bee above loooooool. --
The great Trade of Fifliing imploying fo many
men and (hips at Sea, muft likewife neccffarily niaih-
tain as great a number of Tradcfmeo , and Artizcns
on Land, as Spinners, and Hemp- winders to Cables,
Cordage, Yarn-twine for Nets and Lines, Weavers to
make Sail-Cloaths, Cecive Packers, Tollers, Drcflcrs,
and Cowchers to fort and make the Herring lawful
merchandife. Tanners to tan their Sails and Nets.
Coopers to make Cask , Block , and Bowl-makers
for (hips, Keel-men , and Laborers for carrying and
removing their Fifli, Sawyers for Planks , Carpen,
ters, Ship- Wrights , Smiths ^ Car-men, Boat-men,
Brewers, Bakers, and a number of others, whereof
many are maimed perfons , and unfit to bee other-
wife imploied. Befides the maintenance of all their
ftveral wives, and children, and families. And fur-
ther every man and maid-fervant , or Orphant , ha-
ving any poor ftock , may venture the fame in their
Fifliing- Voiages , which afford's them ordinarily
great encreaf, and is duly paid according to the pro-
portion of their gain.
8.
Encreaf of Trovifons.
AND to conclude,it is raanifeft that Holland on»
ly affording in it felf Corn few Hops , MaA
ders , Butter and Checf aboundeth notwith-
ftanding (by reafon of this Art of Fifliing) in plen-
tiful manner with all kinde of provifions as well
for life, as in Corn, Beef, Muttons, Hides, and
Cloaths;
AHA The^ches and Commodities
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 propor-
tion for their uft, but are Ukevvifc able from their fc-
veral Magazines to fupply their Neighbor-Coun-
tries.
The premifTes confidercd , it makcth much to the
ignominie and fliame of our Englifli Nation , that
God and Nature offering us fo great a treafure even
at our own doors, wee do nocwithftanding neglc^
the benefit thereof, and, by paying monie to ftran-
gcrs for the Fifli of our own .^eas, impovcrifh our
felvs to make them rich. Infbmuch that for want of
indudrie and care in this particular two hundred
twentic five Fifher- Towns are decaied and reduced
to extreme poverticj whereas on the contrarie by di.
ligent endevoring to make ufe of fo great a blefsing,
wee might in (hort time repair theie decaied Towns
of the Kingdom, and add both honor, ftrength, and
riches to our King and Countrie , which how eafily
it may bee don, will appear by fomfew obfervations
following.
By crecfting two hundred and fiftie BuflTes of rei-
(bnable ftrcngth and bignefs , there will bee emplof-
ment made tor a thoufand ^hips, and for ac leaft tea
chouland FiOier-raen and Mariners ac Sea , and con.
fcquently for as many Tradefmcn and Laborers ac
land.
The Herrings taken by the Buffcs will afford his
Majeflie two hundred thoufand pound yearly cuftom
outward , and for commodities returned inward
thirtie thoufand pound and above.
Wee have Timber fufficient, and at reatbnablc
rates, growing in our own Kingdom for the build'»
ing
Of the 'Britijh Seas. a^^
ing of Bufles, every Shire afFordeth hardie and able
men fit for fuch emploimenc who now live poorly
aad idle ac home.
Wee have victuals in great plencie fold at eafie rates
without paiment of Excifes^ or Inipoft.
Our {hores and harbors are near the places where
theFifh do haunt.
For drink, or nets, faking and packing our Fifh.
and for fuccor in ftrcfs of weather , wee may bring
our Fifhto land, fait and pack it, and from fom part
of his Majcftie's Dominions bee at our Mrirkets in
Prance^ Spain^ or Italy , before the Hollanders can arrive
in Holland.
Wee have means to tranfport our Fifh into fom Nor-
thern Countries , where the Hollanders feldom or ne-
ver com. And though wee had as many BulTes as
the Hdlanders, yet is there vent for all , or more, for
in the Eaft and Northern Countries, and in many o-
ther places , Herrings are every dales meat , Winter
and Summer, as well to draw on drink, as to fatisfie
hunger, and in moft places the greateft part of theye^r
they beefcarce to bee had ^ forpreiently after MtchaeU
r»4tf the Sound and Rivers are frozen up foas no Her-
rings can bee tranfported into twentie fevcral King-
doms, and free States until /w/jy, which is for thircie
weeks fpace together, fo that when Lent corn's, there
arc few to bee bought for monic.
Laflly, fince by care and induftry wee gained from
the Flemm'mgs^ doubtlefs fobythe nicans wee m.ay as
cafily grow expert in the Art of Fifhing , and in time
make it a ftaple-commoditie of our own.
But this wee (hall the better and fooner do, if wee
Rrr confider
A,^ 6 The ^ches and Commodities
Iconfidcr and endeavor to reform certain wants and
• abufes which hitherto have hindrcd us from eftcfling
that good and great work, whereof thefe that follow
are none of the leaft.
I. General libcrtie of eating flefli contrarie to old
cufl:on:i, and the Statute-Laws provided for obferving
Fifh-daies, from whence our fcarcitie and dearth of
Fifli procecdeth ; for where Flcfli is ordinarily (pent,
Fifli will not bee bought , and want of iale de-
caieth all Trade, gain beemg the Nurf of Induftrie,
2. Want of order and dileretion in our Fifliing,eve-
iy man beeiog left to himfclf and permitted to Fifb as
beft liketh him : whereas araongft the Hollanders two
of the beft experienced Fifiier-men are appointed to
guide the reft of the Fleet, all others becing bound to
follow them, and to caft their lines according tp their
direction.
3 . The Hollanders and other Nations fet forth with
their Buflcs in June, tofindetheflioleof Fifli, and ha-
ving found it, dwell amongft it till NoVewi^r, whereas
wee ftay till the Herring com home to our rode-fteads,
and (bmtimes fufFer them to pafs by ere wee look out,
our Herring-Pifhing contcining oncly fevcn weeks at
the moft,and theirs twentie*
4. TheHo/7WeA Buffes are great and ftrong^ and
able to brook foul weather, whereas our Cobles,Cray-
crs, and Boats becing (mall, and thin fided , arc eafily
(wallowed by a rough Sea, not daring to adventure far
in fair weather by rcafon of their weaknefs for feat of
ftorras/ 5. The
Of the "Bntijh Seas. A^y
'^^. The HolLimlers are induftriouSj and no (bon^r are
discharged of cheir lading , buc prcfcncly put forth for
oiorc, and (eek For Markers abroad as well as at home-
whereas our £«g///^ after they have been once at ^ea, do
commonly never return again until all the monie taken
for theit fiih bee fpenr, and they in debt Peeking onely
to ferv the next Market.
6. The Hollanders ha\*e certain Merchants, who,
duriag the Herring fcafon do onely com to the pla-
ces where the Buflcs arrive , and joining together in
fcveral companies, do prefently agree for the lading
of thirtie or fortie BuiTes at once , and fo bceing dif-
charged , they may (pcedily return to their former
^Hhipping J whereas our Fifher-men are uncertain of
i& their Chap-men , and forced to (pcnd much time in
putting off their Fifh by parcels.
Thefe and other defers would carefully bee taken
into confideration , and certain orders made to make
our Fifh ing prof perous^ and (uccefsful, cfpccially confi-
dering the fearful mifchiefs the neglecft htrcof hath
brought CO the King and Kingdom in general, and to
many good Towns and Corporations in particular , as
byaucoritie even of Parlamcnt it felf in the Statute of
3 J He?i, the eight, is plainly teftified , which I have
fummarily here fet down, to avoid the prolixicic of
the original.
Becauf thcTEnglifh Fifher-men dwelling on the
■•Sea-Coafts did leav off their Trade of Fifhing in
pur Seasj^and went the half-Seas over, and there up-
on -^the Seas did buie Fifh of T^khrds , Flemmms,
Normans , and Zdandm , by feafon whereof many
" " Rrr 2 incom-
A.p^^' The^ches dndCommmodities
incommodities did grow to the Realm, <v\» the decaie
of the wealth and profpentie as well of chc'Cinque-
Port3, and Members of the fame, as of other ''^'Cmft-
Towns by the Sea-fide , which were builded, 'apd I
inhabited by great multitudes of people by reafon rf u.
fingandcxercifing the craft and feat of Fifhing. '^ SA-f*^ ' d
cqnoly, the decaie of a great number of Boats anc!^^ I
ships. And thirdly, the decaie of many good Mari- ''
nprs , both able in bodie by their diligence, labor, and
continual exercife of Fifhing , and expert by reafon
thereof in the knowledg of the Sea-Coafts , as well
within this Realm as in other parts beyond the Seas.
Ic was therefore enacted , that no manner of pcrfbns
Engl ifh, Denizens, or ftrangers at that time, or any
time after dwelling in England^ fliould buieanie Fifli
Qfi, any ftrangers in the faid Ports of FUnders , Zealand,
^tcaritej France, or upon the Sea between fhore and
fhore,&c. - -^oiuii.
01 bhow sri:
This a6l by many continuances was cohtinuSSTrom
Parlamcnt to Parlament, until the firft of Queen Marie ^
and from thence to the end of ^hc npxt Parlament , and
then expired. ' '" 1; ■
I For conclufion , (ceing,by that which hath former-
ly been declared, it evidently appeareth , that the Kings
of fiMg/fjwJjby im memorable prefcription, continual U'
lage , and poflelsion, the acknowledgment of all our
NeighDor States, and the Municipal Laws of the King,
do ill, have ever held the Soveraign Lordfhip of the Seas
of England^ and chat unto his Majeftie, by rcalc>n of his
Sovcraigntie, the fupreme command and Jurifdi<5lion
over the paflage, andFilliinginthefame rightfully ap-
pcrteinech,
Of the ^ritijh Seas.^ ^^^ ^^^ . ^9^
penpiqeth,- confidcring alfo the natural fite of thoft . . "^
out^Sx^s that intcrpofe thcmlelvs between the greac^*^'
N(M|(iern Commerce of that of the whole world, and^
that of the Eaft, Weft, and Southern Climates, and^"
wichalthc infinite commodities that by Fifhingin the *
fame is daily made; It cannot bee doubted, but
his.A'Iajcftic, by means of his own excellent vvifdom''
and virtue, and by the induftrie of his faithful fubjeds^"^
and people, may ea(ily,without injuftice to any Prince*^
or perfon whatlbever, bee made thcgreateft Nlonarch^^
for Command and Wealth , and his people the moft^'^
opulent and flourifhing Nation of any other in thc^
world. And this the rather , for that his Majeftie is''
now abfolute Commander of the Britifli Ifle, and hath*
alio enlarged his Dominions over a great part of the*
Weftern In^m ^ by means of which extent of Empire ,^ «
(crofsing in a manner the whole Ocean) the Trade and
pcrfons of all Nations ( removing from one part of
the world ro the other ) muft of necefsitie firft, or
laft , com within compafs of his power and jurifdi-
aion. ,oiA
-. And therefore the Soveraigntie of our Seas, beemg
the moft precious Jewel of his M^jeftie's Crown, and
(next under God) the principal means of our Wealth
and Safecic^ all true Engl ifh hearts and hands are bound
by all polsible means and diligence to preferv and
maintain the fame, even with the uttermoft hazzard of
their lives, their goods and fortunes.
7^ if"-
^.^ Thus you' fee what wondrous advantages may re-
dound to the Felicitie, and Glorie of this Nation , if
God give hearts and relolutions to vindicate tho(e rights
Rrr 2 5" -• which
500 The ^Riches and Commodities ^(f^c.
which are now moft impioufly and injurioufly inva-
ded. And fo much for what concern's England,
Now that I nnay reflcdi a little upon the point of
Sea-Dominion in general, to fhcw how far it hath
been affertcd , and mainteined by others , who have
enjoied a Dominion in other Seas, when they haVe
been concerned in the like Cafe with England , having
their Soveraigntie at Sea impeached and qneftioned by
encroaching neighbors j ic was thought meet here to
annex an ingenious and learned Plea touching the Do-
minion of the Sea- which was very fuccindiy writ-
ten in /r<i/i4?2^ but faithfully rendred in Englifli by an
honorable Member of this Common- wealth, and pub-
lifhcd fora time fincc, under the following Title.
'-■'.•i^'.:-
Dominium
^j
Dominium Maris:
OR, THE
DOMINION
OF THE
S rL A.
Exprefsing the Tide, which thd
Venetians pretend unto thefole dominioa, and
abfolute Sovereigntie of the Jdriatic/^ Sea^
copimonly called
The Cfulf of Venice.
Mahifefted inaPleading or Argument j betwixt
the Republick of Fenice, ^nd the Emperor Ferdinand.
Whereby is fufficiently provedl,That the Sea as well as the Land^
IS liable to the Laws of Proprieties and may bee brought under the jurif-
didion and prote(^Ion or particular Princes and States. Contrarie
to the AfTcrrion of thofe, who affirm, the Sea to be free, '
and under the Dominion of no man.
Tranflated out of Itdian,
LONDON,
PntitzdhyWillim DuGdrd, An.Dom. 1^52.
I
AN
ADVERTISEMENT
TO THE
readder: *
ThoHght it fitting not to inJiruB^
hut' rather to remember tbeH^a^
der , that this Sea, over n^hich
the Venetians challenge So^
vereigntie and Dominion, bee^
ing commonly called the Gulf, u nothing el/hitC ,
a large "Baj or inlet of the Sea , yi>hich entering
in betvpixt tVDO lands , and fevering them for
many miles countinuance , in the end receivs
ajlop or interruption of further pajfage ^ by
an oppofte fhore , vphich joins both the faid
lands together. It is called the Gulf of Ve-
mcQ J from the Qtieof Venice-, Jituated upon
certain broken If anas near unto the bottom
thereof. It is alfo called the Adriatick Sea>
from the antient Citie of Adrh, lying not far i
(t/iaaa I dijiant
To the Reader.
dijlant from the former. From the entrance
thereof unto the bottom^ it contemns in length
about 600 Italian miles : v^here it is broadeji^ it
u\6omilesover ^ in others but So, in the moll
teo.The fouthyi^eH /here of it is bounded by the
Provinces of Puglia , and^ Abruzzo in the
Kingdom of Naples, the <S\d arquijate of
Ancon^i and Romagnia /;; the T^e's State,
and the Marquifate of Trevifana in the
Venetian State. The 3\(orth part of it, or
bottom^ hath YnvXifor its bounds, the ^h(orth-
Eafl is limited by \&v\2i, Dalmatia, Albania
and Epirus : y^^hereofl^viz, doth not fo entirely
belong tmtQtheY ^ntihv\s,, hut that the (t/irch-
Duk^ of GvzxZyOf the Auflrian family , vpho at
this pre fent is Smperor, dothpoffefs divers Ma^
rUim Tamis therein. In Dalmatia, y^^?/w^
ZarajSpalato, and Cattaro, they have nothing
^importances the reU belonging to the ^lR^ub^
licl^ofKQ>^u[si,and to the Turl^s. In Alban ia
4m/ Epirus, theypojfefs nothing at all, it beeing
entirely the Turl(j. So that hee, '^ho (hall ex-
amine the circuit of this Sea^ vphich muflcontein
above 1200 miles, /hall fnde thefhores of the
Venetian fignorie, not to ta^e up intire 200 of
them, omittingfomfcatterd towns and difperfed
IJlMdsJying on the Turt^jhfide oftheAdriaticf^
fhore.
To the Reader.
fhore. For thefecuringhereoffromWe depreda^
tionefTtrates^ and the pnten/es of divers Tv-^
tentVrmces, ^stheTope^ Emperor^ KJng of
Spain^ and the great ^fur/^y "who have each of
them Urge territories lying thereupon • alfo to
caufalljuch fIvpSy as navigate thefame^togoto
Venice, and there to pay cuHom and other du^
tieSy the '^publicl^ mainteins continually in
aBiona great number of fhipSygallies and gahr
liotSyVohereto they alfo add more ^a^s there may bee
occa/ion yV:^ hereof /om lie about the bottom of the
Gulf in Idii^iyOthers about theljlands ofDsl^
man^i^to clear thofe parts of Tirates^ yvhohave
much infefted thofefeas: others ^and thofe of moll
force^haye their /lations in the IJland of Covfu^
and in that o/^Candia : in thefrH ofn^hicb
commonly reftde's the Captain of the Gulf rphom
they call by the name (?/^Proveditor^ or Provi-
for general;, whofe office it is to fecure the
3\(avigation of the (julf not onely from the
Corfari or Tirates^ but to provide that neither
the G allies nor Ships of the ^ope^thejfQngof'
Spain, or great Tur^y do fo much as enter th^
fame, mthout permifion of the Signqrie^ or "^i
mblicl^, and upon fuch conditions as iejipleap
eththem^ vphich they are fo careful toeffeBi
that in the year 1638 the Turk^ Fleet entring
Aaaa -^ the
To the Reader.
the Gulf ipithoiiC licence ^ y^as ajfailedby the
Venetian general, who funf^ divers of their
vejfehy and compelling theresltoftte unto Va-
lomyhee held them there be fteged, although the
fame Citie^ and Tort yahereon it /lands, bee m^
der the jnrifdiBton of the(jrand Stgnor. And
notmthjl.andiugthat a great and dangerotis ypar
%pas likely to enjue thereupon , betmxt the
Grand' Signor and the %epubltcl^y becaufthe
Venetian (jeneral^ beeing not content to haye
chafed them into their ovfn Torts, did moreover
then that^fmkjheir vejjels, and landing bu men,
feiv dhers of their Mariners ivho had efcaped
hisfurie at Sea : yet after that a very honorable
peace v?as again concluded hetvpixt them, ytfhere^
in:, amongsi other things y it ypos agreed, that it
fldould bee laypfulfor the Venetians, as often as
any Turl^/h veffels did mthout their licence
enter the ^ulf to fei^ upon them by force, if
they irould not othermfe obey. And that itfhould
lih^wfe bee lavpfulfor themfo to do, mtkin any
Haven, or under any Fort of the (^rand^Sig--
nofs, bordering on any part of the Venetian
Gulf Outofallv^hich, ithen I con/idered the
real and abfolute Soyereigntie, yphich this %e^
puhlick^ doth aBually enjoy over this fea, i^hich
they have ever defended, as v^ellby tbefrpordas
the
To the Reader.
the pen; and mthal how thatfom neighhorin(f
^jtions of late years ^ didfeemto enViethe
title of England to the narrow feas , affirming
in Jom of their writings, the Sea to bee free •
that it neither ought, nor could bee under
the jurifdidlion of any ; that it, was a wilde
• beaft which could not bee ruled ^ that, pof-
iefsio heeing Pedis pofitio^ there could no
pofTefsion bee either taken or kept of it -that
the limits thereof, beeing a fluent element,
could not bee fcored out, or certainly deter^
mined, that it was as free for all mankinde
taufe, and as common as the aer, with
fitany other things to that purpofe -^ I chancing
fomyearspaft tobee ^^ Venice, upon confide--
ration of the premijfes, did labor with a great
defirCyto know the grounds of that title, where ^
upon the V^cncti^ns founded their Dominion
of the Sea ; and after muchfearch, even to the
dejpair of obteining of it.^ I hapned upon this
enfuing argument, conteining a Plea or Dif-
putc, betwixt the Auftrians and Venetians,
touching the Dominion of the Adriatick Sea,
not fiBitious or devifed onely to color the cauf^
hut faithfully tranfcribed from out the publicly
^gijlers of that Citie, which I offer herewith to
the Reader in Englijh,and withal the fe two con^
fiderations^ Firll:^
To the Pvcader.
Firft, that herehj it mil appear^ that the
Conrnm^ivediih of England's challenge to the
l)i)>rjinion o/ thcSca, tj neither a 5\(cyeltiecr
Jnigularitie '^ cjpeciallj^ ythen it isbefides inojl
apparant that the Kl^g of Denmark, doth not
miely pretend So the Sovereigntie of the Sounds
hut caufeth all fuch Ships as pafs through it^ to
pay nphat toll heepleafeth. The great Twfpro-
hihits all Rations , favirig his own Fafals, to
enter the black^Sea,or Pontus Euxinus^/^/;^ Itk^
hee doth to the red Sea, vohch contein's at the
leaJl 1100 miles in lengthy beginning fom the
//rc'/Vjoy^Babelmandel , which giye*s entrance
thereintOy and ending at the Town of Sues,
which isfeated at the bottom tbiireof 7 he fQng
ofFonug^loppofcthytothe utmoH of his power ^
any, but his own fubJeBs to fail into the EaH^
Indies y affirming thofe Seas to bee intirely under
his dominion y as well by (^onquejly as the Tope's
donation , infomuch as thefmalleU vejfef eyen
of the natives of thofe partSy cannot fail from
Tort to Torty without the pafs-port of the
Vice-Roy of Goa , or of fom other by him
deputed therctOyflyling himfe If among/i others
his Titles , to bee F^ng of the (^onqueH,
S\(avigation y and Commerce y or TrafficJ^of
^Ethiopia, Arabia, Perfia, India, (s"c. which
hath
To the Reader.
hath been hitherto fo punBually ohfcrved^ us no
Caftilian^ or Spaniard, might at any time, or
for any occafion/atlinto the Eafi-Indies, though
both thofe U\(ations r^ere for many years toge^
ther united under one K^ng.
Secondly, if the Dominion of thefe Seasdo^
truely and properly belong to the Commonwealth
of England (^ hath heenfofuffiaently cleared
and proved to the whole world , by that learned
"Bool^entituled^iavQ Claufum} why may not,
or ought not the 'People o/England^ by alllaw^
ful waies procure, thut the Dominion of thefe
Seas that fojujlly appertein*s unto them, may bee
fecured from any force, violence, or oppojition,
how great foever, of their moft powerful neighs
bors :^ whenasweefeethe Venetians to bee fo
jealous in preferyation of the title they pretend
to their Seas, as rather then tofuffer it to bee in
the leaft tort queHioned, they do upon all occa^
fions oppofe themfelvs by force , or otherwife,
againfl the mofl potent TrincesofEuvo^Q and
Afia. Vale.
Bbbb K\cif^GL^ov%^
CO
Tfominium ^5\Iaris :
OR,
THE DOMINION
OF THE
Fter a long peace, betwixt the
Progenitors of the Empe-
ror Maximilian the firft , and.
the Republick oi Venice ^m the
year 1508, there began certain
flight differences , which concluded in a
notable,. and moft memorable war ; info^
much as the Republick, for zz years fol-
lowing, were with the faid Prince, and with
his PolWitie, for divers refpedls, fomtimes
in war^ fomtimes in peace, and fomtimes m
Bbbb z truce.
dominium Maris ; or,
truce, until in the year 1519 all differences
betwixt them were compofed, and a peace
^concluded in "Bolonia, which continued all
that Age,with the Emperor Charls the Fifth
together with his brother Ferdinando King
oiHungarie^ and Archduke o^Aujlria. But
becauf by the divifion^ made betwixt the
faid brethren , feven years before, all the
Jujlrian lands which confined with the Fe-
netiam, were laid by agreement unto the
part which belonged unto King Ferdinand,
the confines of which as they had conjun-
cture with the lands of the Republick, were
very intricate^and of great difficultie to con-
clude, unto whether partie they did belong,
as well for the publick reafons of the faid
Princes, as for thofe of their private fubjcifls;
To end all which in quiet, it was agreed that
there (hould bee an arbitrarie Tribunal
credled in Trent, for the decidirtg of thefe
doubts, which in the year 15^5, pronounced
fentence, whereby all the differences (bee-
ing more then an hundred) were definitive-
ly concluded.
Here notwithftanding the difficultie
ceafed not ^becauf fom did traverf the execu-
tion of the fentence,fo,as in progrefs of time,
new
I
The "Dominion of the Sea.
new quarrels did arife from both fides,
each one pretending new wrongs offered
by the adverf partie. Whereupon to put
an end to all thefe differences , there was by
the common confent;, as well ofFerdmando
(who fucceeded in the Empire by the refig-
nation of his brother) as of the Aepublick,
a convention appointed in Friuli 1^6], of
five Commiffaries, one Procurator, and
three Advocates, for each part, who fliould
treat of the differences, as well old as rtew,
and fliould have power to conclude them,
under the ratification of the feveral Princes.
And this fo great a number of Judges , was
defircd by the Emperor , the better to give
fatisfadiion to his fubjects, of feveral Pro-
vinces, intereffed in the cauf.
Of the Imperial fide, the Commiffaries
were zJndrewTreghel a. Baron of Auftria,
Adaximilian Dorimber^h^ Elenger de ^orhia,
Stephen Sour^^znd Anthonie Statemhergenthc
Procurator v/2is^Cj[iacomo Qampana^ChanccU
lor of ^/3r/>/^:theDodtors or Advocates were
Andrea T^piciOy Cjervafio AlhertOj^nd Gioyan
Maria (jratia T)ei; For the Venetians the
Commiffaries wcxc^Sebajlian Venter^ Adarino
de £a>paUiy Ttetro Sanudo , (jiovan ^aptiUa
Tibhb I Contarini,
Dominium Maris : or,
Qontariniy 2indJugu^in "Barhango: The Pro-
curator was, (jiovan (tAntonio a fecretarie :
the Advocates Marquardo Sufanna , Fran-^
cefco (jratiano^ and (^iacomo Cht^^ola.
At this Convention the complaints on
both fides were opened, which Seeing ar-
gued, and the other publick differences
partly compofed^ and partly decided,there
was taken into conlideration a Petition of
the Imperial Procurator,in this (orm^Eju/de
Majejiatis nomine requiritur^ ut pojihac illius
Juhditis^ atque aliis in (inu Jdriatico tuto na^
yigare , ac negotiari liceat. Item ut damna,
Tergejlinis Mercatoribm atque aliis illata, n^
Bituantur. It is required in the name of his
Majeftie, that hereafter it may bee lawful
for his fubjedls, .and others, totraffick and
navigate fafcly in the Adriatick Gulf. Like-
wife that recompence bee made for the da-
mages fufteined by t^ie merchants ofTrieJie,
and others. And^of icio the advocate did
accompanie this demand with faying ^ that
this i»as not a caufto bee handled mth anjfub^
tiltiey it beeing i thing moji notorious , that na-^
vigation ought to bee free^ notmthjianding the
/ubjeBs of his MaJeHie had been conjlrainedto
go xnith their Jhips to Venice, and there to paj
cuHom,
The Dominion of the Sea.
cujlom , at which his MajeHie vpos aggrieved^
and made injlance that it might bee remedied.
To this Chi^^^ola^ Advocate of the Re-
publick made Anfwer, faying, that it was a
clear cafe indeed, that ^J\(avigation ought to
hee free j but yet thofe things^whereat they
were aggrieved, were nowaies repugnant
to this freedom; forafmuch as in countries
which are mofb free^, thofe who have the
dominion thereof receivrwHow^ and order
by which way all Merchandife fhall pafs ;
and therefore no bodiefhould bee grieved,
if the Venetians, for their own refpeds^ did
ufe fo to do in the Adriatick Sea , which is
under their dominion • and hee added, th^t
if they intended t® difpute of the bufinefs m
queftionj hee was to advertife them, that
this cauf could not by any pretenf bee
brought into judgment^at that convention,
which was onely inftituted, for the execu-
tion of fuch diirtgs as were formerly fenten*
ced, and for righting of fuch new wrongs,
which fucceeded after the fetitence ; ie bee-
ing befides a thing moft notorious^ (hat thes
^pnUicf^^ as Lord of the Addatick Sea^
did exercife tliat dominion at the prefent^
which from litnc out of minde^ it had aU
. waies
T)ominium h/iu m ; or,
wales don, without any interruption, as
well \\\ receiving of culloms, as in afsigning
of places for the exaction of it, and that the
pretenf now alleged was new, and never
before ufed by any predeceflbr of the Empc>
ror, either as King of Hungarie^ or as Arch-
Duke of AuHria^ or the countries thereto
adjacent, orofhisMajeftiethen beeing/or
many years,until this prefent time.Hee chak
lens^ed the Imperialifts to fliew , when ever
anyfuch thing was before pretended^, cer-
tainly not before the peace ofBolonia^ for
then fuch a difference as this ( if there had
been any fuch) had been there determined,
or referred over to the Arbitrarie Tribunal,
wherein were handled above no contro-
verfies • but of this not any mention made,
neither,from that time to this, was there any
fuch pretenfion once fet a foot. But if this
were a new wrong, fucceeding after the fen-
tence of Tr^wf , they fhould (hew what it
was, and when it had beginning, becauf
hee was prepared to ftiew unto them , .that
any thing concerning the fame,vv^as of moil
antient ufe and continuance , without the
leaft noveltie in the world, and therefore
they ought not to bee heard, who came Wiih
demands.
\
TheDominionoftheSea. /
demands, which could take no original ei-
ther from the fentence of Trent , or from
any innovation of wrongs fucceeding
thereupon.
To this %apicio replied, that hee intended
not to lay h>s principal foundation upon
that, which to all is fo well known, which is
to fay, that the Sea is common and free , and
that by reafon thereof , not any might bee
prohibited,to fail unto any place,which beft
pleafed him: and if any Doclors (hould hap-
pen to fay, that the R.epublick hath apre-
fcript Dominioo-over the Adriatick Sea,
widi a long poflefsion, notwithftanding
they prove it not : andto Dodtorswho af-
firm a thing barely out of fact, without any
manner of proof, little belief is to bee given;
for which cauf, hee would not dwell upon
that J- but would com to his principal rea-
fon, which was, that admitting the Repub-
lick to bee Patron of the Sea, yet the Em-
peror's Subjects might- navigate freely
by the Capitulations, which were efta-
bliftied betwixt the Princes on both fides,
and therefore the Petition propofed
was pertinent to bee handled by the faid
Convention • to which (hee beeing fo
C c c c re-
8 dominium Maris : or,
required by the Venetians') added this for
a foundation , Quia libera navigatio Maris
Adriatici cum MajeHatu fua Qafare^^ turn
fubditorum damno 6^ incommodo^ ablllujlrif^
Jimi Domini Veneti triremium Tr<:efeBis im^
pedita fuerit , contra Capitula Vormatice^ono^
ni^^Jndegavi,((s^ Venetiis inita: Forafmuch as
the free navigation of theAdriatick Sea,hath
been hindred by the Captains of theVeneti-
an's Gallies, to the lofs and prejudice of his
Imperial Majeftie,and of his fubje(5ls,againft
the Capitulations offForms/Bolonia^AngierSy
and Venice. And here hee produced a paf-
fage of the Capitulation of ^olonia which
fpake as followeth^* Quod communes Jubditi li^
bere,tute, (st fecure pofiint in utriufquejlatibus
(S^ dominiis tarn terra, qu^m Mari, morari (^
negotiari cum bonis fuis^ac fie jjent incoU,<(stfub^
diti illius Trincipis^ac Dominii^cujus patrias,(^
Dominia adibunt^ proyidiaturque^ne vis aut ali^
qua injur ia, uUa de caufa^eis infer atur, celeriter^
que jus adminiHretur. That the fubjedts of ei-
ther partie may freely, fafely, andfecurely
abide , and traffick with their goods , in
the States and Dominions of one another,
in like manner as if they were inhabitants,
and fubjeds of that Prince and State , into
whofe
%
The Dominion of the Sea.
whofe Countrie'or Dominion they do com:
and that it bee provided, that no violence
or injurie, bee for any cauf whatfoever of-
fered them j and moreover that juftice bee
fpeedily adminiftred. Hee alfo recited the
capitulations of the truce of Anglers and
Worms ^ and of the peace of Venice y which
is not neceflfarie here to repeat, beeing of the
fame tenor. Hee did reft much upon
the word libere y confidering that Itbere is
joined to the word 3\(avigare : by which
it ought to bee underftood, according to
the common conftruclion of Law, Thap
evert e one might navigate freely • but hee
cannot bee faid to beeyT^^,who is conftrain-
ed to go to Venice. Hee added moreover,
that the word libere could not bee imagined
to bee fuperfluDus, but muft ofnecefsitie
operate fomthing ; that the two words, tute
^ fecure y could import nothing elf, but
vpiihout impediment y or moleUation ^ or pay^
ing of Cufloms ^ to this hee added, that
there were then 400 complaints of his
Majeftie's fubjedls^ whofe veffels were com-
pelled to go to Venicey and there made to
pay Cuftom, for happening onely to arrive
in the ports of the Venetians y either by
C cc c 1 fortune
io Domimum Maris : or,
fortune or fom other occafion. Hee read
the fentence of a Recflor of Liefina ^ who
freed a fhip, which touched upon that I-
fland by chance^, and hee made a narration,
that certain bai ks with fait were luffered by
the Venetian Fleet, to pafs upon their Voi-
age^ without fending them to Venice. Hee
concluded, that his requeft extended to
thefe three points. j.That the Aufinan fub-
jcdls might Navigate whicher it pleafcd
them. i.That arriving in any Port ot the
Republick, onely^^r tran/itimty they fliould
not pay any thing- -^. La/ilj, that coming
to Trade in any of them , they fliould not
pay more then the fubjedts of the Repub-
lick. C^i^^'^l^ anfwered hereto,promifing
clearly to folv all the objedticns introduced
by the other, fo as there fliould not remain
any place of reply , and to fliew with true
and lively reafons, that what was don by
the Minifters of the Republick m the (j^lf,
was don by lawful Autoritie. And refer-
ving himfelf , to fpeak of the Don inion of
the Sea afterwards, howfoever prefuppofing
it in the firfl place, hee began with the Ca-
pitulations; and/rH hee faid, that the word
libere,v/^s not joined, as ^picio faid, to any
fuch
TAe dominion of the Sea2 it
fuchwordas 3^vigare^hvit to the words
Morari (^ negotiari tarn tcrra^quam Mart: &
therefore by //^^re is to bee underftood as
the common conftrudlion of Law intcnd's,
when one doth either dwell, or do bufinefs
intbehouf, or land of another, that is to
fay, obfeinping the Laws, and paying the ^S^hts
of the Comtrie, Hee added alfo, that thofe
Capitulations, betwixt the houf of Aujlria,
and the 2^^«^//V^, were equally reciprocal,
and not made more in favor of the Auflrians,
in the State of the Venetians^ then of the Ve^
netians in the State of the Aujlrians ; neither
was there greater hbertie granted to the Sea,
then to the Land ; and that the words were
clear enough, which ftnport^ that the fub-
jedts on both fides might ftay ^ trade , and
merchandife, in the ftate of one another,
as well by Land as by Sea, and bee well in-
treated ; infomuch as the fubjedts of the Ve--
netians were to have no lefs libertie in the
Lands of the JuHrianSy then the Jujirian
fubjec5lsintheSeaof Venice-^ And that by
virtue of thofe words, what his Majeftie
. would have in the State of the "^puhlic^ it
is fitting that hee allow to them in his own
State; and if his Imperial Majeftie within
Cccc 5 his
i;^ T)ommum <^^\Iam : or
his own State, upon the Land, will not
yield thatthefubjedsof the %epublkkJ\cigX\
go which way they lift, but couftrain's them
to pafs by fuch places onely, where Cuftom
is to bee paid, hee cannot withjuftice de-
mand , that his fubjecfls may pafs by or
through the Sea of the5^j)«^//c^which way
they lift, but ought to content himfelf, that
they go that way onely, which fhallbeft
ftand with the commoditie of thofe who
have the Dominion over it ; and if his Ma-
jeftie cauf Cuftom to bee paid, upon his
Land, why may not the Venetians Wktw'ik
do it , upon their Sea t Hee demanded of
them, if by the Capitulation they would
have it, that the Empejtor was reftrained, or
hindred,from taking of Cuftom*^ and if
not, why would they have the Venetians
tied thereunto by a Capitulation^ which
fpeak's of both Potentates equally with
the fame words i Hee ihcwed by particu-
lar Narranon, that from the Peace oi Venice
1517, until that prefent, the Emperor had in-
creafed his Cuftoms, to the grievance of
the Venetian's fubjedts^ in vidluals and Mer-
chandife, which pafled from the one State
unto the other; infomuch as that which
formerly
The pominion of the Sea.
formeiiy paied but one, was now increafed;
in fom to 16, and in others to zo. and hee in-
ft^nced in iron and other commodities,
which were wont to pay little or nothing,
were now raifed to fuch an excefsive Cu-
ftom^ as proved much to the damage of the
Venetians y befides they were forced to pafs
onely by fuch places, where they fhould
pay Cuftom, out of which to pafs, it was
Qontra handa , and their goods confifcated.
And if his Majelh'e think's it lawful to do
what it pleafeth within his own eftate, with-
out breaking of the Capitulations, hee can-
not think that the Venetians doing but the
fame, {liould,contrarie thereunto,any waies
offend. Hee added, that in every Peace
eftablifhed betwixt two Princes, after a war^
it is Bcceflarie that their fubjedls may live
and trade together, not to the excluding of
Cuftonis, ahhough there bee excluded the
violences Jioftilities,and other impediments
of trade, which were formerly ufed in time
of war, neither k the autoritie of the one, or
other Prince, thereby taken away or re-
drained by Sea or by Land.
At the force and clearnefs of this difcourf,
the Aujlrians remained as it were in a trance,
looking
Dominium ^5\/faris : or
looking one upon another, infomuch that
Qhii^^ola judging it not to bee necelTarie to
dwell longer upon this, pafTed to the proof
oftheprefuppofed truth, viz. That the^^
mbltck^had the Dominion of the Sea, and faid;
that the proportion, was moft true, that the
Sea was common and free ^ but yet no other-
wife that could bee underftood ^ then as it is
commonly faid^ The high-waies are com-
mon and free , by which is meant, that they
cannot bee ufurped by any private perfon,
for his fole proper fervice,but remain to the
ufe of everie one : not therefore that they
are fo free,as that they (liould not bee under
the protediion and government offom
Prince , and that every one might do there-
in licentioufly,all that which it pleafed him,
either by right or wrong ; forafmuch as fuch
licentioufnefs or Anarchie is abhorred both
of God and nature , as well by Sea as by
Land- That the true libertie of the Sea,
excludes it not from the protedtion and
fuperioritie of fuch as maintain it in libertie,
nor from the fubjeftion to the laws of fuch,
as have command over it, rather neceflarily
it include's it. That no lefs the Sea, then
the Land, is fubjed: to bee divided
amongft
I
TheVominion of the Sea, 15
amongft men, and appropriated to Cities
and Potentates, which long fince was ordai>-
ned by God from the beginning of man*
kinde , as a thing moft natural, which was
well underftood by Jrijlotle^ when hec
faid,that unto Sea or maritim Cities, the
Sea is the Territorie, becauf from thence
they take their fuftenance and defenf^- a
thing which cannot pofsibly bee , unlefs
part of it might bee appropriated in the
like .manner as the Land is, which is
divided betwixt Cities and Governments,
not by equal parts, nor according to their
greatnefs, but as they have been, or
are able to rule, govern, and defend them.
^ern is not the greateft Citie of Smt^er^
land, and yet it hath as large a Territorie, as
all the reft of the twelv Cantons together.
And the Citie of JA^onw^^r^ is very great,
and yet the Territories thereof hardly ex'
cecd the walls. And the Citie of Fenice for
many years was known to be^ without
any poflfefsion at all upon the firm Land;
Upon the Sea likewife, certein Cities of
great force and valor have pofleffed a large
quantitie thereof, others of little force,
have been contented with the next
D d d d waters
1 6 T>ominmm Maris : or,
waters; neitlier are there wanting Exam^
pies of fuch, who notwkhftanding they are
Maritim, yet having fertile Lands lying on
the back of them, have been contented
therewith, without ever attempting to gain
any Sea-dominion;Others,who beeing aw'd
by their more mightie neighbors, have been
conftrained to forbear any fuch attempt -
for which two caufcs, a Citie, notwith-
ftanding it bee Maritim , may happen to
remain without any poiTefsion of the Sea.
Hee added that God did inllant Prin^i-
paUties, for the maintenance of Juftice , to
the benefit of mankinde , which was ne-
ceffarie to bee executed, as well by Sea as by
Land. That S^'Taul faid, That for thU
can/ there r^as due to Trinces^ Qufloms and Qqh-
tributions : that it fliould bee a great abfur^
. ditie to praif the well governing^regulating,
and defenf of the Land, and to condemn
that of the Sea ; that if the Sea in fom parts
for the amplenefs and extreme diftance
thereof from the Land, was not pofsibk
to bee governed and protecfted , that pro^
ceeded from a difabilitie and defedl in man-
kinde ; as alfo there are defertss fo great
upon the Land, as k is impofsible to
protect
The J)omimon of the Sea. 17
protect them ^ witnefs the many fandie parts
ofdJfrica , and the immenf vaftities of the
new world. And as it is a gift of God, that
a Land by the Laws and pubhck power,
bee ruled , protected and governed • fo the
fame happen's to the Sea : that thofc were
deceived by a grofs equivocation, who
faid, that the Land by reafon of its ftabilitie
might bee governed, but not the Sea , for
beeing an unconftant element, no more
then the acr^- forafmuch as if, by the Sea and
the Acr , they intend all the parts of thofe
fluent elements,it is a moft certein thing,that
they cannot bee governed ; becauf, whilft a
man ferv's himfelf with any ^ne part of
them, the other efcapes'out of his power •
but this chanceth alfo to Rivers, which can-
not bee reteined. But when it is faid to rule
over a Sea or River, it is not underftood
of the Element, but of the fite, where they
are placed. The water of the Jdriaticl^ Sea
continually run's out of it, neither can it all
bee kept in,and y&t it is the fame Sea, as well
as the Tiber ^ To^ or the ^ine are the fame
Rivers now, which they were 1000 years
paft. And this is that which is fubjedt to the
protecJtion of Princes.
Dddd z Hee
1 8 J)ominmm Maris : .or,
Hec asked the JuHrians if their pretenf
were, that the Sea fliould bee left without
protection, fo that any one might do
therein well or ill, robbing, fpoiling, and
making of it un-navigable ; this would bee
fo abfurd, as hee durft anfwer for them^ no :
therefore hee concluded, that by a necef-
farie confequence his Majeftie would ac-
knowledg, that it ftiould bee kept , govern-
ed and protedted by thofe unto whom it
did appertein by divine difpofition : which
if it were fo, hee defired to know, if
it feemed to them a juft thing that fuch
fhould do it, with the expence of their
own pains, charges, and bloud ; or rather
that fuch fhould contribute towards it ,
who did equally enjoy the benefit : To
thi§ alfo hee durft anfwer for them , that
they would fay the doctrine of S^Taul is
too clear in the point Cnot to allege matter of
Law) xh^t all fuch rpho are under goyern^
ment and prote&ion , are thereby hound to pay
CuHoms and Contributions/ AnA thereupon
hee concluded, that if theRepublickwere
that Prince, to whom it did appertein to go-
vern and proted the Adriatick Sea, it fol-
lewed neceflfarily , that whofoever Navi-*
gate's
TbeVominion of the Sea. ip
gale's it, ought to bee fubjedl to their la^K,
in the fame manner as fuch are^who travel
through a Countrie upon the Land.'
From thence hee went on to (hew, that
this Dominion over the Sea, from time mit
of minde , did belong to the RepubHck,
and thereupon caufed to bee read out of an
Abftradl which hee had taken, the Opini-
ons of. thirtie Lawyers , who , from the
year ijoo, until that prefent time^ did fpeak
of the Dominion which the Republickhad
over the Sea , as of a thing moft notori-
ous, and of which ^ even in their times>
the minde of man knew not the contrarie :
fom of them affirming, that the Repub-
• lick had no lefs Dominion over the Sea,
then over theCitie oi Venice-^ others fay-
ing, that the Adriatick Sea is the Territorie
and demeafnes of the faid Citie , making
mention of the lawful power which the Ve^
netians had to eftablifh laws over Naviga^
on, and to impofe Cuftoms upon fuch as
navigate thofe Seas ^ and hee added that hee
^ never read any Lawyer,which ever faid the
contrarie. And turning himfelf to "jR^picio
hee faid, that if hee would not believ thofe
Writers which teftified that the Sea be-
Dddd 3 longed
2,0
Dominium ^S^i^ris : or
lodged to the Venetians^ whereof they had
poffefsion from time out of mindc , before
the age wherein the Autors lived^ although
they prove it not, yet hee could not denic to
reteiv them for teftimonies of fuch things
which they faw and knew in their times,
and loholdthemaswitneflfes, far above all
exception, beeing famous men, and dead fo
many years ago, as they could not bee
any waies interefled in the prefent diffe-
rences. And becauf more then 250 years
were paft, from the time that the firft Au-
tors, which hee alleged as witneffes hereof
did write , to the time of thofe, which hee
laft cited in that behalf^- by their atteftation
it was fufficiently proved, that for long time
more then fo many years, the Republick
hath commanded the Sea, and therefore hee
could not denie the immoveable poffefsion
thereof to the prefent.
Afterwards turning himfelf to the Judges,
hee praied them, that upon the Autorities
alleged, they would bee pleafed to liften
unto a (hort confider^tion of his, which hee
did not doubt, but would leav in them a full
imprefsion of the Truth. And firH hee
defired them to confider, that notwith^
{landing
ftanding fom of the aforefffi[H cited Autors
fpeak with general words^ fttyihg^th^Sea of
thcVenctians^ neither dedairiiig the ^tidui^
nor quantitie thereof; yet others do Ipiicifie
it,ufing the name oitht (jklf-^ atidbthers
with terms more exprelsive, faying, the
Adriatich^ Sea - which clearly demonflrate's,
not onely the fite, but alfo the quantitie of
the Sea poffelTed ; and fo ftiewed, that thofe
who fpeak more exprefsively, ought to clear
the paflfages of thofe, who write more ge-
nerally, according to the common precept,
that mth clear places the more ohjcure are
to bee illuftrated. Hee confidered alfo,that
the divers manner of fpeaking of the fame
Doc'lors, fom deriving the Dominion of the
Republick over the Sea, from Cuftom, fom
from prefcription;, others frofti an induced
fubjectiQn, and others fr©m a privilege^ did
arife all out of this reafon, becauf as they
were moft affuredly informed of the pofTef-
fion and jurifdiclionofthefaid Seas, which
they both favv and heard to belong toth^
Republick from time out of mfnde,- fd
they writing upon that matter, not at the
inftance of any one, but of their own proper
motions , and by way of Doc'lrine onely,
each
11 dominium Maris : or,
each one of them judged it moft convenient
to cxprefs the title of that jurifdiftion, fom
with one term, fom with another , without
coming to ufe the fole and true proper term,
as they would have don , if they had been
put to write for the intereft of any one; in
which cafes the Counfellors are alwaies
conformable, receiving from the perfon
interefted equally the like inftrudlions.
Hee added, that, through the varietie of
exprefsing themfelvs, the truth of the cauf
was no waies diminifhed, but rather in^
creafcd ; as S'JuguBine faith, fpeaking of the
diverfitie which is obferved to bee betwixt
the holy Evangelifts ; becauf by the diverf
manner of exprefsion ^ ufed by the faid
Writers, every one may reft affured , that
none of them did write ne pagato , m pre^
gatOy neither paied, norpraied. In which
cafes they are never wont to varie, from the
fingle form prefcribed unto them by the
partie intereifed ; but rather hee that fhall
well examine it , fhall fee amongft the Do^
ftors a wonderful concord in this one point
moft true^ that after the declination of the
Conftantipolitade Empire , the Adriatick
Sea was found to bee for many years
abandoned
TheVominion of the Sea. 25
abandoned, ("as alfo many lilands andCi^^
tics of that State) in fuch manner, as itre>'^
mained unguarded and without the prote-
(flion and government of any Prince, and
under the jurifdidtion of nobodie, until by
the Venetians^ who^ to receiv their lively-
hood thereby, were conftrained to maintain
it in freedom; and thereupon taking it into
their protection , got thereby the govern-
ment and dominion over it, in like manner
as by the law of Nature and of Nations, the
Land, the Sea, and other things, which
are not under the Dominion of any other,
com juftly unto thofe who firft get the
polTefsion of them ; by which reafon the
firft Empires were founded, as wellnip-
on the Land as at Sea ^ and daily there
are new ones in the fame manner formed,
when any of them , either through age or
vice, becoming weak, wanteth force, and
fink's of it felf. The which coftodie and
government of the Sea, fo acquired, the
Republick hath daily advanced , by the
keeping of potent Fleets an^ greater Arma-
does every day then other, with the expence
of a great deal of Treafure , and the pro-
fufion of a world of bloud , both of their
Eeee Citizens
H
Dominium z^AIarU : or
Citizens and Subjeds , continuing without
interruption, in fight of all the world, the
faid begun Dominion and cuftodie, over--
coming and removing all fuch impedi-.
ments, as either by Pirates or Potentates, as
well o{ Italic as of the oppofite (hore , at di-
vers times have been raifed. And for the
clearing of fuch doubts,as might arife by the
fubtil conftrudion of words , hee added •
that although thofe who took upojo them
to fpeakin the ftricfl terms of the Law^ were
wont to fay, that fuch things ojiely were
gained by Cuftom, which by the Civil
Law, beeing to bee common , were not-
withftanding converted to a private benefit,
yet^^ithout any impeachment of the pub-
lick profit, as to fi(h in a River without im-
peachment of Navigation ^- yet for all that,,
the Title of Cuftom cannot bee unproperly
given, where there fhallbee gained and
continually kept in polTefsion and Dommi-
on, a quantitie either of Sea or Land
abandoned,and of no man po{re(red,as ^ar^
tholtUy^aldt^yCaJiro , and others do affirm.
And although tnat by title of Trefcripiion a
thing cannot pofsible bee faid to bee poflef-
fed^unlcfs, by the occupation of it , another
hee
The dominion of the Sea. xy
bee thereof fpoiledand difpofTefTed, which
title conie's not in this place,forafmuch as thc'
Republickhath not fpoiled any of the poflfet
fion of the Sea, but hath feized upon it,find^
insT it abandoned 5c without Patron or Pof- '
fellbr : notwithftanding in fom fort , it may
bee called Trefcription,as if a Falcon were let-
flie and caft off by its mafter, and there-
upon growing wilde, ftiould after bee taken
up by another, and by him mann d , and
for a long time fed ; although not proper-
ly, yet not abfurdly itmay bee faid, that this
fecond mafter hath it by Tre/cription. Like-
wife, to fpeak in terms of Law, the pro-
prietie of fpeech doth not admit the ufe
of this word Servitude, unlefs to the pro-
per Territorie of a State, there bee gotten
fom power over another State, and yet
that State remain's Patron of its own not-
withft;anding; in this fenf the Republick
hath not brought the Sea in fervitude to
the Citie of Venice , becauf it hath not
gotten any fpecial ufe or command over
it^ the Dominion for all that remain-
ing to another Patron, tut hath affu-
mcd the total and intire Dominion thereof
which was before abandoned, neither
Eeee 1 by
2< Domimum ^^^(lirw : or
by any governed or protedled : nev;erthclefs
it may in a ^certain proponion bee^called
Servitude^ inaftnuch as the Republick hath
been conftrained to aflfumc the total Do-
minion and Government thereof, for the
fcrvice of the Citie q(Fenicey whereof it had
ncceflavie ufe.
Now as touching the 'Pr/We'^^ of keep-
ing this Sea, and who was the Donor, this
neither can here have any place, forafmuch
as at the time of the afTumptionof it, there
was not any who could make any grant
thereof, the Emperor of the Weft never
having any Power or Autoritie over it^- and
as little fuperioritie or jurifdicJlion had any
other weftern Prince ; and therefore could
fo much the lefs give it to another. The
Emperor of theEaft, not having force fuf-
ficient to keep it, had long fince abandoned
it, and beeing thereupon divefted of all the
Power hee had over it, and of the PolTef-
fion thereof, never made any grant there-
of in the fuccefsive Peace and Treaties
which happened afterwards betwixt the
faid Empire and the Republick. Notwith-
ftanding all which the Italian Lawyers, as
Profeffors of the Cefarean Law,& fworn to
the
The T>ominion of the Siea. ry
the verf words of ie^beeing befidteimoft de-
vote(Jfo his? Imperial Maj^e,. as if at this
prefcnt day JuguHm or Ammmus did reigij^
do force thcmfelvs with all extortion, to ve-
rifie upon the weftern Emperor that faying,
Imperator ejl Domtnus Mundi^ The Em-
peror is Lord of the world. Which at
that very time when it was firft pro-
nounced , was not true in the hundred part
of the world, and at this prefent not in any
confiderablc proportion. And whileft they
would honor the Emperor, and give him,
with fuch words as thcfe , that which hee
neither hath nor can have, they confider
not the abfurditie of the fpeech, as i^ they
ftiould fay,that no King poffeflfed any eftate
lawfully, unlefs it were granted him by the
Emperor, which is as true, as when they
affirm that i\\c Venetians poffefsthe Adria-
tick Sea, by an Imperial privilege. But it
appear's clear enough, in what fenf this is
fpoken by them, becauf there is none of
them do intend thereby^ that there was ever
any fuch Grant made thereof by the Empe--
ror ; but by that they do figuratively intend
a privilege alTumed by immemorable pof-
fefsion, which polTefsion they interpret to
Eeee 3 bee
z8 'Dominium Maris ; or,
bee with the knowledg and fufferance of
the Emperor, which is as much as {( they
ihould fay , that Chriftian Kings poffefs
their Kingdom , and the RepubUck poffef-
feth the Adriaticl^Sea^ as lawfully by their
title of acquiring it, as if thofe Kingdoms
and that Sea had belonged to the Emperor,
and from and by him to thofe Princes^ and
to the Republick afterwards granted. So
fpacioufly did Chu^i^oU dilate in fpeaking
of the opinion of the Lawyers, it beeing
the field of his profefsion : hce concluded,
that any one might reft fatisfied , as well
in truth, as in reafon, that by the Autoritie
of the faid Dodlors, there were fure founda-
tions laid to the cauf, which hee did de^
fend.
After the teftimonie of the Lawyers, hec
added that of the iifi^on^^j", who do relate,
that the Republick, for more then ^oo years
paft, did receiv Cuftcfm,of fuch as failed
that Sea , and kept armed veflfels in a rea-
dinefs, for to compel all fuch Ships fo fail-
ing, to go to Venice , teftifying moreover,
that even unto their prefent time the fame
Cuftom was obferved. But upon their at-
teftations hee dwelled not much, faying,
that
I
The T)ommwn of the Seal 2 9
that thougli they were good Teftimonies of*
preceding occurrences; yet when one go-
eth about to prove the interefts of Princes,
or of private perfons, hee ought to help
hixiifelf by authentick writings^ andtoufe
the Hiftorians with great difcretion • fom of
them beeing moved by lovc^others with ha-
tred, and others with hope of preferment •
which conftrain*s them oftentimes to ufc
flatterie, or Hyperboles, upon which cannot
hee laid any fure foundation.
Wherefore hee produced an ad of the
general Council of Lions ^anno iiy^^wherft
the Abbot o^ 3\(ervefa^ beeing delegated
by thePope^upon a pretenfion ofthofe of
Ancona to have free Navigation" upon the
Adriatick Sea^ fentenced, that the demand
fhouldbee rejedled, and that the Venetidm
fhould not bee molefted in the defenf and
protedlion thereof, from the Sara:^ens and
Pirates , neither fhould bee difturbed fronrt
exacting thereupon their Rights and Cu-»
ftoms , which they had of vi-ftuals , met-
chandife and other portable Commo-
dities.
C^^KKP^^ likevvife added, that it li clean
out of memorie , when firll of all there was
created
T>ominium Maris : or,
created in Venice, ^ Captain of the ^ulf^ be*-
cauf in the year ii^o, the Chanceric was
burned, with the memorials of all fuchele.-
dlions; but from that time to this prefent,hee
could fhew out of the publick Regifters^the
continual fuccefsion of the faid eleded Cap-
tains without any interruption. Likewife
hee added moreover, that there remain the
Regifters from that time to this, of the Li-
cenfes granted to pafs the faid Sca^ with
armed vefTels or (hips of war, and to the per*-
fons and goods belonging to their ufe, at the
requeft of divers Princes, vv^ho had their
Poflfefsions upon the fliore of the Adriatic}^
Sea, and that as well by fundrie Popes, Le-
gates, Vicars,Governors, and Commonaltic
of the Land of^mania ^iudMarca^as by the
Kings of 3^ples for Tuglia, of which ma-
ny were granted, fom denied and others
yielded to, but in part ^ But it beeing fuper-
fluous to allege the Adtsof thofe, theSuc-
ceffors of whom do not fo much as queftion
this Tide, hee defcended to particularize
onely the PredecefTors of his Majellie, as
Kings o(Hungarie, and Arch-Dukes ofJu^
firia. Hee recited a Brief of Pope Vrbane
the fixt diredled to Antonio Veniero the Duke
of
The T)ommion of the Sed, ri
of Venice^ bearing date LUca 14 Junii ij88.
where hee give s him thanks, that with his
Gallies deputed for the keeping of the Gulf,
Q^^arie Queen of Hungarie had been in-
larged, who had been kept prifoner in Ca^
JleLnovo^ with two other congratulatoric
Letters,the one to the faid Queen^ the other
to King Sigifmundy who after was Emperor,
beeing her Husband, rejoicing with them
hkewife of the faid enlargement made by
means of the Captain of the Venetian Gal-
lics, deputed to the cullodie ofthe Cjulf. Af-
terwards hee caufed to bee read a fafe Con-
duct granted at the Petition o(%odulph Earl
of ^ala^ in the name of Ladijlam King of
3\(aples, and of JVilliam Arch-Duke ofJu^
Jlria anno i;99. u Decembris^ihu the fifter
ofthe faid King ("efpoufed to the afore-
named Arch-Duke) might bee Gondu(fted
by Sea from Tuglta, to theCoafts of her
Husband, with Gallies andodier VetTels, in
all to the number of about twclv • with con-
dition that there fliould not bee fuffered to
pafs upon them any ^andito or b^aniflied
perfon of Venice^ who had don any thing
againft the Republick, which did merit
death: which fafe-eondudlfhould bee avail-
able to the Jujlrians, as well in going as in
F f f f coming.
^z 7)ontinimi Maris : ot^
coming, fo as by the fame, they might alfo
re^imbark at Triejle and return unto Tuglia.
But yet this fafeCondudl was not madeufe
of, bccauf the King having deferred the de-
parture of his fifter for a fmall time, in the t^^
terim fhee died.
Alfo hee produced two letters of the Em-
peror Frederic/;^ unto Duke (jioyanni Moce^
m^o,the firft dated in ^rat^ i^ Sept. 1478 the i
other 1 Apr. 1^7 9. from the fame place, where I
hee telh him that hee having taken order
that there ftiould bee brought from Tugtia
and Abru^^^Oy to hiscaftles ofG^roandof
IJlria , a certain quantitie of corn, hee re-
queft's that it may bee permitted him to do
it freely, which beeing to him a great
pleafure,hee (hall acknowledg it with many
thanks.
This hee feconded with a letter of^ea^
trice QncQn o( Hungarie y to (jiovanni Ma^ 1
cenigo Duke of Venice^ dated the laft of Jan. 1
1481. whereby defiring for her proper ufe to
have divers things from the parts of J/^//>,
which {hee could not bring from thence
by Sea, without the permifsion of the Re-
publick, fhee defired that^ for curtefie fake
and fricndftiip,, it might bee granted her,
gbich flxee flxould take for a grc^t favor,
and
The Dominion of the Se4. ^:- 3J
,^nd correfpond upon the like occafiori^.o
And another oi Matthias King oiHrn^?
garie to thefaidDuke dated i6Febr.\^%u^^
where relating how the Republick was
accuftomed to give Licence every yeartov
Count Frangipani Patron o( Segna and other/
Maritim places , to bring from Tuglia and
Marca a certain quantitie of vic5luals, and
that after the faid places,were pafled over in-
to his hands, hee had omitted to defire it^
wherefore hee nowpraied^ that the fame
grace might bee ftiewed unto him, and that
concerning this , hee would write his letters
and give them to a perfon which hee had
fent exprefsly to receiv them ; which hee
(hould acknowledg as a favor and cor-
refpond accordingly.
And another of the fame King to j^h^ ,
gujlino ^arbarigo i\it Duke, dated 18 OS.
14.87. in the which relating, that hee ha-^^
ving need of wood for the reparation of a f or-
trefs {landing in the mouth oiUs(arentay hee
praied, that hee might have leav tocarrie it
• unto Segna by Sea, and that there might bee
Letters Patents made thereof, offering ta
grarifie him in a greater matter. ff
. Hee, added to this a Letter o^Anrte Qupen
Ffffi of
xAf dominium (^^ari^ : ^i^
of Hurigarie ^o. (L4ug. ryoi. inthexirhich t^^
counting the fterifitie ^f the Coonteie of
5^^, fhec defire's kav to bring certain^ vi-
dVnals from Tnglia and Marca, md tfhat hee
vrould give to the bearer^ who was fent o»
ptarpofe, Letters of Licenf for ehe famejpi^O'
rtiHing to acknowledg it as a great favor ^nd
cotirteficw
Laftly,hee produced a LeCter dated ^ Sept^
if}o^,ofGi(yv4nmdeT)ura Captain ofPifmo,
fcrvant to the Emperor Maxmilian ,
which hee writ unto the Duke Leonardo
Loredano, importing, th^t (jiacomo Cronto
ifubjecfl of bis Majefties, parting froni Fia^
nona, entered into the Sea, which is under
the Dominion of the Repubfick, for to go to
Segna, and was there ailailed by an armed
Bark of Pirates in contempt of the Signorie
or Republick, and fupplicate's that fom
order might bee taken therein.
Upon all which particulars, hee weighed
Hioft that which ought beft to bee con-
fidered^ having refpecT: to the times, per-
fons , and qualities of the feveral Princes,
and for greater confirmation of their afTent^
hee remcmbred the yearly Cerimonie
ufed kt Fenice; where the Duke, in pre-
fence
TheT^omnicn of the Sea. 55
fence of the AmfcaflTaciors of other Princes?,
particularly of his Majefties, did ufe to
efpouf the Sea , hj the cafting of a Ring
into it ;, with thefe words : T>eJpon/amHs 7e
Mare in fignum vert ^ perpetui T>omim:
Wee do marrie the Sea , in fign oF cmr
true and perpetual Dominion over it.
Which Cerimonie as the forefaid writers
do affirm, had beginning when Po^pe Jlex^
ander theThird was in Fenieey notwkhftand-
if>g they add withal, that it was inftituted in
fign of the Dominion which the Republick
had foniierly gotten, jur e belli.
To the ^00 complaints of the Emperors
Subjedls, and to the fentence ofLie/ina, hee
anfwered , giving thanks for the remem-
bring of them, as a thing brought in much
to his favor, beeauf the complaints do pre-
fuppofe the prohibition , and the fentences^
either condemning or abfolving, do prove
thejurifdi(ftion.
And to the falt-barks , hee faid , that
they were not Hiffered to go to Fer^ice,
^ never any are fuffered to go , alt for-
rein fait beeing prohibited to enter inta
that Citie • and if it were not caft inte
the Sea, it was a courtefie , which ought
Ffff 3 not
^6 Dominium Maris : or,
not to bee imputed to them to their prej'ti-
dicc.
Hec concluded, that hee had dehvtred
the true fenf o[ the Capitulations , and
proved the immemorable pofTefsion of the
Adriatick^ Sea; that hee could have faid
much more, but it feemed to him faper-
fluous , and thefe two points were made
moft clear ; Firfly That this pretence of the
Auflriam was but new ; An^fecondlyyThzi
their Petition at this Convention could
have no place.
The Imperialifts after they had confer-
red together, took a refolution nottbper-
fevere in the demand of Juftice ^ and the
Baron with ^uon^ faid openly, that the 3^-
fuhlick^ vpos Tatron of the (fulf^ and might im^
pofe vphat Cujloms they thought fitting ; and that
they thought fo in their conjciences : but there-
withal-they were of an opinion, that for ho-
neftie fake, and for the friendfhip which the
Republick had with the hou[o( Jujlria^ it
fhould bee don with the leaft incommoditie • ^
of the fubjeds to that houf, as could bee
pofsible. The other three faid, that it was
npw no time^ either to approve or todifap-
prove the Dominion of the Sea, but rather
to
146170
TheDommion of the Sea: 27
to finde by way of courtefie fom kindc
of temperature, whereby the Republick
might rcceiv the Rights belonging there^
unto from the ^«3r/^^ fubjedls failing thofe
Seas,and on the other fide,that fuch conditi-
ons annexed formerly thereunto^ might bee
taken away, which were incommodious to
the JuBrtarjs, and no waies profitable to the
Venetians. Whereupon divers waies to
eftedt it were examined, and a conclufion
taken to refer all to their feveral Princes, as
it was necefTarie to refer all things elf • the
Commifsion beeingtobee onely perfcdted
by their ratification, and fo this Convene
tion ended.
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