The Dominion and possession of the Sea as∣serted on the behalf of the Kings of Eng∣land, from that leav of praeter-Naviga∣tion or passage which hath been usual∣ly either granted by them to Foreiners, or desired from them. CHAP. XX.

THose things which wee have hitherto alleged concerning this possession and dominion, are confirmed by several Passports that have been ob∣teined from the Kings of England, for leav to pass through this Sea; whereof wee have clear Testimonies in Re∣cords: that is to say, granted at the intreatie of Forein∣ers. Our Henrie the a fourth granted leav to Ferrando Urtis de Sarachione, a Spaniard, to fail freely from the Port of London, through our Kingdoms, Dominions, and Ju∣risdiction, to the Town of Rochel. It is manifest, that in this place our Dominions and Jurisdiction do relate to the Sea flowing between. And when Charls the sixt King of France sent Ambassadors to Robert the third King of Scots, to treat about the making of a League, they up∣on request made to the same Henrie obteined Passports for their safe passage par touz b noz povoirs, destrois & Seigniories, par Mer, & par Terre, that is, through all places under our Power, Territories, and Do∣minions, as well by Sea as by Land. There are innumerable other Letters of Passport (called safe Page  345 Conducts) in the Records, especially of Henrie the fift and sixt, whereby safe Port and Passage was usually granted as well by Sea as by Land and Rivers, that is to say, throughout the whole Dominion of him that made the Grant. And it is worthie of observation, that this kinde of Letters were usually superscribed and directed by our Kings to their Governors of the Sea, Admirals, Vice-Admirals, Sea-Captains, to wit, the Commanders appointed by the King to take care of his Territorie by Sea; whereas notwithstanding wee finde no mention at all of any such Commanders in those Passports of that kinde which were granted heretofore by the French King to the King of England, when hee was to cross o∣ver into France. Letters of that kinde were given to our Edward the second by King Philip the Long, super∣scribed onely thus, c Phelip par la grace de Dieu, Roy de France, A touz noz Justiciers, & subgies salut. Philip by the grace of God, King of France; To our Judges and Subjects greet∣ing. But the reason is evident, why the K. of England was wont to direct his Letters to his Commanders of the Sea, and the French King at that time onely to his Judges and Subjects in general: To wit, becaus the King of England had his Sea-Commanders throughout this whole Sea, as Lord of the same, and therefore when hee crost over, it was not reasonable that the French K. should secure him by Sea, it beeing within the bounds of the English Territorie: And yet the King of France might perhaps have an Admiral at that time, but onely upon the shore of Normandie and Picardie; For, that of Aquitain, Bretaign, and Narbonne, were not as yet added to the patrimonie of that Crown: And it was about that time, or a little before, that they are placed, who are first ranked in the Catalogue of the Admirals of France. But of later time it is true indeed, that in those Passports Page  346 or Letters of safe Conduct, which have been granted even by the d French King, and other Princes bordering upon the Sea, Admirals are usually named in express terms among the other kindes of Roial Officers; to the end that they to whom the Passports are granted, may bee secured in every place and part of their Dominion. But as touching the English Command over such as pass or sail through their Sea, there are many other Argu∣ments taken (as wee shall shew by and by) from the manner of our King's prescribing limits to such as sail in this Sea; as also from those passages which wee have e alreadie cited out of Records, concerning the Tributes or Customs imposed by the English upon such as passed through the Sea. And truly it is very considerable also, that the Kings both of Denmark and Sweden, together with the Hans-Towns, very often and earnestly begg'd of Queen Elisabeth, that they might have free passage through the English Sea with Provisions towards Spain, during the Warr betwixt her and the Spaniard. I know indeed that such a Licence was denied them not onely in respect of the Dominion of the Sea, but chiefly to prevent the conveying of Pro∣visions to the Enemie. For which caus also divers Ships belonging to the Hans-Towns laden with Corn, were f taken by English men of Warr, in the very Streights of Lisbon, without the Sea-Territorie of England, which went by the g Scotish Sea, and the West towards Portugal; which was don doubtless that they might not presume to use the English Sea, without the leav of the Queen. But the Hans-Towns cried out there∣upon, that the Laws of Nations, Commerce, and Leagues, were violated; becaus their ships were so ta∣ken by the English onely upon this account, that they carried Provisions to the Enemie; that is, in a Territo∣rie, Page  347 where the English did not in the least pretend to any Dominion. And concerning this particular, there is a notable Question controverted by very h Learned men, How far they that are not enemies, or would not bee called ene∣mies, may by the Law of Nations afford supplies unto an ene∣mie. But som years before the taking of these ships, when the Hamburgers (who in the name also of the rest of the Hans-Towns, desired leav to pass through this Sea to Portugal and Spain) were more than once denied any kinde of libertie to transport either Corn or Warlike necessaries; they did not at all suggest, that their Petition at that time was grounded upon the Law of Nations or Commerce, nor that the Queen's denial was contrarie to this kinde of Law. That is to say, they were by her first i Answer enjoined to abstein from transporting Arms with other Warlike Necessaries and Corn, but (saith the Queen) in transporting other commo∣dities, wee shall not hinder you at all, but shall with all favour permit the ships of your Subjects to abide and pass after the ac∣customed manner, that they may perform their Voiage. This An∣swer they did not seem to take amiss. But two years after they sent into England Sebastian à Berghen their Ambassador with Petitionarie Letters, desiring that the Exception in the Licence formerly granted might bee taken away, and a freedom to transport all kindes of Merchandise permitted. Their Petition was denied again, and this moreover added, That such as should pre∣sume to do the contrarie, should for their bold presumption suffer the loss of all their Goods and Merchandise so carried against her Majestie's will and pleasure, if they fell into the hands of her Men of Warr, or any other of her Majestie's Subjects. Thus they ever addressed themselvs by Petitions; and the Queen gave Answers according to her pleasure. They did not so much as pretend the Laws of Nations or of Page  348 Commerce, before that they understood their ships were seised in another Sea, to wit, that of Portugal, which they conceived free for themselvs by the Law of Nations and Commerce, without leav from the Queen of England. Then it was they began to plead, that Libertie ought not by any Law to bee denied; even these men who but som years before, had humbly Petitioned the Queen of England, more than once for free passage through the English Sea: So that, that prin∣cipal point (as som 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 Hans-Town's Petition, or the Queen's denial, but her right of Dominion by Sea was concerned also, which the Hans-Towns well knew they should vio∣late, if they should pass the Queen's Seas without her leav.

Hereunto for the same reason those particulars relate, which wee finde concerning this matter in those points that were to bee insisted on in the year MDXCVII. by Witfeldius, and Bernicovius, Ambassadors from Chri∣stiern the fourth, King of Denmark, to the Queen of England. k Wee were (say they) strictly enjoined by our King, to mediate with her Majestie, that our Countrie men may bee permitted a freedom to transport Corn or Provision towards Spain, even as wee have don formerly, and do now again with all earnestness desire, especially since it is supposed, that the same Licence of transporting Corn is granted som∣times both to English and Dutch; that our Countrie-men may not bee used in a wors manner than your own Subjects, and that at least som certain ships might in favor of the King's Majestie, have leav granted them once a year at least, during the Warr, to carrie Provisions; and that wee may bee able to certifie the King our Master, how far wee in this case Page  349 prevail. But the Ambassadors had this Answer; that the Queen cannot in reason bee induced to consent it should bee don as they desired. And whereas you allege a supposal, that both English and Netherlanders have Licence given them somtimes to transport Corn, Wee (to wit, the Chief men of her Majestie's Privie-Council, who gave the Answer) dare confidently affirm, that never any such mat∣ter was granted by the Queen, nor will shee ever incline to grant the like, during the warr. If the Queen had not in the opinion of the Danes, (as well as of the Hans-Towns before) been Soveraign of the Sea-Territorie, through which they were to pass, to what end then was this so earnest a Petition, and so imperious an Answer? Here, in this often iterated Petition, no li∣bertie is pretended besides that which depended upon the Queen's pleasure, as Soveraign of the Passage.

For this caus also it was, that John King of Sweden, in that Letter of his sent to Queen Elisabeth in the year 1587. wherein hee desired leav for Olavus Wormaeus a Swede, to carrie Merchandise into Spain, acknow∣leged, that hee must of necessitie Maritimas Reginae di∣tiones pertransire, pass through the Sea-Dominions of the Queen, which are the very l words of the Letter. Nor is it any new thing, that this kinde of passage should bee denied to Foreiners: For, in very many of those Pass-ports that were granted to the Merchants of Neigh∣bor-Nations by Edward the first, during the warr be∣tween him and the French, this claus is usually ad∣ded, m upon condition, that they neither conveie nor caus any thing to bee conveied to the French partie, nor communicate any thing 〈◊〉 all to our Enemies there in any manner whatso∣•ver, as wee read it in the Records, where are many others of the same kinde. From hence it is, that in the same King's instructions, it is required, that his Sove∣raigntie Page  350 by Sea bee preserved with extraordinarie care and diligence, as belonging to him by antient right, as Arbiter and Moderator of the Laws or Customs, and Persons, of such as pass therein. The words them∣selvs, which signifie the same, are these, n Especialment à retenir & maintenir la Sovereigneté qe ses ancestres Royes d'Engleterre soloyent avoir en la dite Mier d'Engleterre, quant à l'amendement, declaration & interpretation des lois per eux faits à Governer toutes Maneres des gentz passanz per la dite mier, especially to retein, and maintain the sove∣raigntie which his Ancestors the Kings of Eng∣land were wont to have in the said sea so far as concerns the amendment, declaration, and inter∣pretation of the Laws by them made to govern all manner of Nations passing through the said sea. Hereunto also belong's that Commission of King John, whereby hee required in very imperious terms, that all kindes of ships whatsoëver which could bee found throughout the English Sea (it beeing expressed by the general name of the Sea, as flowing round about) should bee staid and bee brought near his shores: For, it hath been a Custom in all Ages, that the ships of any persons whatsoëver, as well Strangers as Subjects, may somtimes bee staid in the Ports. But it was King John's intent, that his whole Sea as well as the Ports themselvs, should bee plainly signified in this Commission. In witness whereof I here set down the Commission it self. The o KING to all the Sturemanni and Marinelli and Merchants of England that sail by Sea greeting. Bee it known unto you, that wee have sent Alanus Juvo de Sorham and Walter Stattun, and Vincent de Hastings and Wi∣mund de Winchelsey, and others of our Barons of the Cinque-Ports, and other our faithful Sturemanni, and Marinelli of our Gallies, to arrest all ships that they shall finde, and them Page  351 safely to bring, with all that shall bee found in them, into England. And therefore wee command you, that yee bee attending upon them in this business, so that yee bee in Eng∣land with all your Ships and Merchandises at such Port and Coast as they shall appoint you. And if any shall attempt to resist them contrarie to our command, you, our Liege-men, are required to assist them with all your strength, as you tender your selvs and your chattels, and peace and residence in our Land for you or any of your Generation. Witness here∣unto William Briwr at Lutegar, the eight daie of Fe∣bruarie. These Sturemanni here do signifie Sea-Cap∣tains, and Marinelli Sea-souldiers. But to command that all ships should bee arrested throughout the Sea, that is, staid or taken, and brought into England, what els was it but undoubtedly to declare himself Lord of the Sea through which they passed? Now let no man object, that this Commission extended onely to the Ships of English men, or of the Sub∣jects of him that gave the Commission. It is true indeed, that the Commission before cited, was sent and directed onely to the Sea-Captains, Men of Warr, and Merchants of England: But yet it is manifest thereby, that the four persons there named, and others Barons of the Cinque-Ports, and the rest that are ad∣ded, were obliged by the aforesaid Commands to arrest all the ships that they should finde throughout the Sea, and bring them safely into England, with all that should bee found in them. But this part of the Com∣mission was added (as it plainly appear's) that no English Sea-Captain, or Souldier, or Merchant what∣soëver, might bee wanting in their assistance, in staying the ships of Foreiners; If anie one shall at∣tempt to resist them contrarie to our command, you, our Liege∣men, Page  352 are required to assist them with all your, &c. Our Liege-men in this place, or they that ought to give assi∣stance in making stay of ships, are all the Sea-men and Merchants of England that sail up and down throughout this Sea: They therefore whose ships were to bee staid, did not com under the name of Liege-men, or Subjects; and that it so appear's to bee by the very Form of this Commission, that there need's not any thing more bee added touching this matter, I suppose no man will doubt, who take's it into his more serious consideration. Nor do the words make mention of the ships of Enemies, but of any whatsoëver; as beeing deliver'd by a Soveraign Prince, who was concerned at that time, for his own occasion, and at discretion, to use not onely his own Sea-Territorie, but also the ships sailing therein, as well as those that were in Port.

Wee finde a Commission of the like nature, and which speak's to the same purpose, in the time of King Edward the third, wherein Command is given to make stay of all ships of ten Tuns and upward, that should bee found in the South and Western Sea (ex∣cept som that were newly designed to cross over into Bretaign) that they might bee arm'd and set forth in the King's service. The Title of this Commission is, De Navibus arrestandis & capiendis, For arresting and seizing of ships. The Form of it run's thus; The KING to his beloved Thomas de Wenlok his Serje•nt at Arms, Lieutenant of our beloved and trustie Reginald de Cob∣ham, Admiral of our Fleet of ships from the mouth of the River Thames towards the Western parts, greeting. Bee it known unto you, that wee have appointed you with all the speed that may bee used by you, and such as shall bee deputed by Page  353 you, to arrest and seiz all ships, Flie-Boats, Barks, and Bar∣ges of ten Tuns burthen and upward, which may happen to bee found in the aforesaid Admiraltie, (that is, in the Sea reach∣ing from the Thames mouth toward the South and West) and to caus the Flie-Boats, Barks and Barges afore∣said▪ to bee well and sufficiently arm'd and provided for the warr, by the Masters and owners of the same, and to bring them speedily so provided and arm'd to Sandwich, except one∣ly the ships that are order'd for the passage of our beloved and trustie Thomas de Dagworth and his men that are bound for Bretaign; so that you bee readie there in your own per∣son, together with the Ships, Flie-Boats, Barks, and Bar∣ges aforesaid, so well provided and fitted for the warr, up∣on the Saturday next before the Feast of the Apostles Simon and Jude, next ensuing at the farthest, to go thence upon our Command, according to such direction as shall then on our part bee given, to the Masters and Mariners of the aforesaid Ships, Flie-Boats, Barks, and Barges, and to take sufficient Provision for the enabling of you to do the premises, in such places as you shall see most convenient (ex∣cept onely Church-Land) you making due paiment for the same; and also to seiz and arrest all those that you shall finde to oppose or resist you in the execution of the premises, and them to commit into our Prisons, there to abide till wee shall think fit to take farther order, &c. All Officers also in the said Admiraltie are commanded to yield obedience and assistance upon the same occasion. The usual subscription in that Age shewing the Ori∣ginal Autoritie of the Commission was, By the King himself and his Council. But that the aforesaid Sea it self was conterned under the name of the Admiraltie, is clearly manifest by what wee have alreadie shewn you. And King Edward the Page  354 third used his antient Right, as other Kings of Eng∣land did also therein, as well as in the Ports them∣selvs, or Shores of England (for, there are innume∣rable examples of the staying of all Ships what∣soêver, by the King's Command in Port or Shore.) But that which hath been alleged about the staying of Ships, and Listing them for the King's Service, you are alwaies to understand it was so don accor∣ding to equitie, that competent Pay was to bee al∣lowed them answerable to the proportion of Tuns, and also to the number of Sea-men, that were so taken into emploiment. Touching which particular, there are several Testimonies also to bee found in the p Records of Parlament.