Of the dominion or ownership of the sea two books : in the first is shew'd that the sea, by the lavv of nature or nations, is not common to all men, but capable of private dominion or proprietie, as well as the land : in the second is proved that the dominion of the British sea, or that which incompasseth the isle of Great Britain is, and ever hath been, a part or appendant of the empire of that island writen at first in Latin, and entituled, Mare clausum, seu, De dominio maris, by John Selden, Esquire ; translated into English and set forth with som additional evidences and discourses, by Marchamont Nedham.

Touching the DOMINION, OR, Ownership of the Sea. BOOK II.

The order or Method of those things that are to bee handled in this Book. The British Ocean divided into four parts. CHAP. I.

HAving made it evident, in the former Book, that the Sea is capable of pri∣vate Dominion as well as the Land, and that by all kindes of Law, whe∣ther wee seriously consider the Di∣vine, or Natural, or any Law of Na∣tions whatsoëver; it remain's next that wee discours touching the Dominion of great Britain in the Sea 〈1 page duplicate〉〈1 page duplicate〉

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encompassing it about, and of those large Testimonies whereby it is asserted and mainteined. Wherein this Method is observed, that in the first place wee premise both the distribution and various appellation of the Sea flowing about it, in order to the Discours. Then it shall bee shewn, from all Antiquitie, down to our times without interruption, that those, who by reason of so frequent alterations of the state of Affairs, have reigned here, whether Britains, Romans, Saxons, Danes, and Normans, and so 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 say, by using and enjoying it as their own after a peculiar manner, as an un∣doubted portion either of the whole bodie of the estate of the British Empire, or of som part thereof, according to the state and condition of such as have ruled it; or as an inseparable appendant of this Land. Lastly, 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 used by Surveiors of Land) as bounded by it; in the same manner as over the Island it self, and the other neighboring Isles which they possess about it.

The Sea encompassing great Britain, which in ge∣neral wee term the British Sea, is divided into four parts, according to the four Quarters of the World. On the West lie's the Vergivian Sea, which also take's the name of the Deucaledonian, where it washeth the Coast of Scotland. And of this Vergivian, wherein Ireland is situate, the Irish Sea is reckoned to bee a part, called in antient time the a 1.1 Scythian Vale, but now the Channel of S^t George. So that as well that which

washeth the Western Coast of Ireland, as that which flowe's between great Britain and Ireland, is to bee called the British Sea. For, not onely this (which of old was called great Britain, and somtimes sim∣ply the b 1.2 Great Island) but also the Isle of Ireland, with the other adjacent Isles, were termed Britanniae: So that many times Albion and Ireland are equally called British Isles and Britannides; as you may see in Strabo, Ptolomie, Marcianus Heracleötes, Plinie, Eustathius upon Dionysius Afer, and others. Moreover, Ireland is called by Ptolomie c 1.3 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 little Britain. And, saith Ethelward, an antient Writer, d 1.4 They go to Ireland, called heretofore Britannides by the great Julius Caesar. Perhaps hee had a more perfect Copie of Julius Caesar's Book: For in none of his Commen∣taries which wee use, is Ireland called by that name. And it hath been observed by e 1.5 learned men, that that book hath been maimed and alter'd by one Julius Celsus, whose name wee finde now and then in the Manuscript Copies.

Towards the North this Sea is named the Northern, Caledonian, and Deucaledonian Sea, wherein lie scatter'd the Orcades Islands, Thule, and others, which beeing called the British or Albionian Isles; yea, and * 1.6 Bri∣tannides, gave name to the neighboring Sea. And indeed Thule (which som would have to bee Island; others, and that with most reason, do conceiv it to bee the biggest of the f 1.7 Shetland or Zetland Isles, called ••hilensel by the g 1.8 Seamen, and som there are again that think otherwise) was of old not onely termed a British Isle, but also by som expresly placed in Britain it self. Mahumedes Acharranides an Arabian, called likewise Aracensis and Albategnius, a famous Mathe∣matician, who lived above nine hundred years ago,

saith, h 1.9 Som observing the breadth of the Earth from the Equinoctial Line towards the North, have found it to bee determined by the Isle Thule which is in Britain, where the longest day is XX ••ours; that is to say, Pto∣lomie and his ••ollowers, who by drawing a Line on the Northside of Thule or the Shetland Isles, through 63 degrees, and a quarter of Northern Lati∣tude, have set it down for the utmost Bound of the habitable world. Yea, and som have used the name of Thule for Britain it self or England. In times past, the Emperor of Constantinople was wont to have trustie Guards called Barrangi, con∣stantly attending his person; who were taken out of England, as appear's out of i 1.10 Nicetas Choniates; and Codinus also who was keeper of the Palace, k 1.11 write's that they were wont to salute the Em∣peror with a loud voice 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 in the English Tongue. But in the Storie of l 1.12 Anna Comnena, the Daughter of Alexius, it is said expressly, that they came 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 from the Island of Thule. In like manner, all the Islands either known or heard of in this Northern Sea, were at length called by the name of British; the utmost Bounds whereof, as also of Thule it self, som of the Antients would have to reach unto 67 degrees of Latitude, or there∣about. And Albategnius, speaking of the Sea as it look's toward Spain, saith; m 1.13 There are XII Bri∣tish Isles in it towards the North; and beyond these it is not habitable; and how far it stretcheth, is un∣known.

Upon the Eastern Coast of Britain flow's the German Sea (so called by Ptolomie, becaus it lie's before the German Shore.) On the South, flow's that which is particularly noted by Ptolomie to

[illustration]

bee the British Sea. But all that was called also the British Sea, which extend's it self like a half Moon along the French Shore, through the Bay or Creek

of Aquitain, unto the Northern Coast of Spain. For this wee have the Testimonie of Mela, who saith the Pyrenean Promontories do butt out into the British Sea. n 1.14 The Pyrenie, saith hee, run's first from hence into the British Sea; then turning towards the conti∣ment, it stretcheth as far as Spain. Yet every man knowe's it is called likewise either the French, or Contabrian, or the Aquitanick Sea, from the several Shores which it washeth. But so far even the name both of the British and English Sea was inlarged either by that extraordinarie Command of the people of Britain at Sea, or of such as had atteined the Rights of Do∣minion in Great Britain (which is all one to our purpose.) And it is stretch't likewise by som of the Antients as far as the Promontorie Nerium, now cal∣led Capo di S^t Maria. The Arabian Geographer saith; o 1.15 Towards the North, Andaluzia (so the Arabians use to call Spain) is environed by the Sea of the people of England, who are of the Romans, that is, who are of the peo∣ple of Europe; for, it is usual with those Eastern Na∣tions to call the people of Europe, generally either Romans or French. And then hee saith, There are nine Stages from Toledo to S^t James, which is seated upon the English Sea. Moreover, hee call's the Place, where that Citie of S^t James is seated, p 1.16 a Promontorie of the English Sea; and hath divers other passages of the same kinde. Thus at length great Britain, with the Isles lying about it, and the Sea imbracing it on everie side, became as it were one Civil Bodie, so that the whole together is comprehended in the name of British or Britannick. Also, this Sea and Great Britain have in∣deed given mutual names as it were of Dignitie to each other. That is to say, this Island was called by the Antients simply q 1.17 Insula Caeruli, the Isle of the Sea,

as that was called Oceanus Insulae, the Ocean of the Isle, or the British Sea.

Having made this preparation, then wee treat first concerning the Sea-Dominion of the Britains, be∣fore they were reduced under the Roman power; Next, touching a Dominion of that kinde belong∣ing to the Romans while they ruled here, continually and necessarily accompanying the Soveraigntie of the Island. Afterwards, it is made evident by such Testimonies as are found among the Antients, that the English Saxons and others who enjoied the supreme Power in Britain, before the Norman's Invasion, had such a kinde of Dominion. Lastly, according to the fourfold division of the British Sea, wee set forth the antient Occupation, together with the long and continued possession of every Sea in particular, since the Norman's time; whereby the true and lawful Dominion and Customs of the Sea, which are the subject of our Discours, may bee drawn down, as it were by a twin'd thred, until our own times. Moreover, seeing both the Northern and Western Ocean do stretch to a very great Latitude (this to America; that not onely to Island and the Shores of Groenland, but to parts utterly unknown) and so it cannot all bee called the British Seas; yet becaus the Nation of great Britain have very large Rights and Privileges of their own in both those Seas, even beyond the bounds of the British name, therefore it was thought fit to touch a little upon these Par∣ticulars.

That the antient Britains, did enjoy and possess the SEA of the same name; espe∣cially the Southern and Eastern part of it, as Lords thereof, together with the Island, before they were brought under the Roman power. CHAP. II.

IT is true indeed which an eminent man saith; a 1.18 That the Sea hath been enjoyed by Occupation, not for this reason onely, becaus men had so enjoied the Land, nor is the Act or intent of the minde sufficient thereto; but that there is a necessitie of som external Act, from whence this Occupation may bee understood. Therefore Arguments are not to bee derived altogether from a bare Occupation or Dominion of Countries, whose Shores are washed by the Sea: But from such a private or peculiar use or enjoiment of the Sea, as consist's in a setting forth Ships to Sea, ei∣ther to defend or make good the Dominion; in prescribing Rules of Navigation to such as pass through it; in receiving such Profits and Commo∣dities as are peculiar to every kinde of Sea Dominion whatsoêver; and, which is the principal, either in ad∣mitting or excluding others at pleasure. Touching which particular, wee shall make diligent inquirie into those things which concern the Isle of Bri∣tain, through the Ages past, down to the present time.

It is upon good ground concluded, that the most

antient Historie, whereto any credit ought to bee given about the affair's of Britain, is not elder then the time of Caius Julius Caesar; the Ages before him bee∣ing too obscured with Fables. But at his coming wee finde clear passages of the Britain's Ownership and Dominion of the Sea flowing about them, especially of the South and East part of it, as a perpetual Ap∣pendant of the Soveraigntie of the Island. For, they not onely used the Sea as their own at that time for Navigation and Fishing; but also permitted none besides Merchants to sail unto the Island without their leav; nor any man at all to view or sound the Ports and Sea-Coast. And that the Case stood cer∣tainly thus, it is no slight Argument which wee shall insert here out of Caesar himself. But allowance must bee given ever to Arguments and Conjectures, touching times so long since past and gon; especially when there is a concurrence in the Customs and Testimonies of following times. And as things bee∣ing placed at too remote a distance, so that they cannot bee certainly discerned by the eie, are wont to bee more surely discover'd by the help of a triangle at hand; So what uncertainty soêver may bee in those proofs that are to bee brought out of so remote Antiquitie, I question not but it will bee made sufficiently manifest by the continued and more certain usage and Custom of later times, as shall bee abundantly made evident in the following Discours.

As to what concern's the Britains particular use of Navigation, in that antient time, without which an Occupation of this kinde cannot bee had; notwith∣standing that at Caesar's first arival, they were b 1.19 terrified with the sight of that unusal kinde of long Ships; 〈1 page duplicate〉〈1 page duplicate〉

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and though at his second coming with a multitude of Vessels of all kindes (beeing c 1.20 re-inforced to the number of eight hundred; or, as som would have it, to a thousand) they fled in a great fright from the Shore, not beeing sufficiently provided for such a Sea-fight as was then at hand, and which they had never been acquainted with; nevertheless, it is most certain, that they had Vessels of their own, wherein they used to coast about the neighboring Sea, and so entred upon it corporally by Occupati∣on. Mention is made indeed by Writers of som of their Vessels more notable then the rest, which they frequently used, beeing framed with twigs (as the fashion hath been in the more antient Nations) and cover'd with Ox-hides after their usual manner. Moreover, Festus Avienus, speaking of the antient In∣habitants of the OEstrymnides, or the Islands called the * 1.21 Sillyes, with the rest lying about, thus expresseth himself;

—d 1.22 rei ad miraculum, Navigia junctis semper aptant pellibus, Corióque vastum saepe percurrunt Salum.

Tis strange! There Ships they frame with Oxes-hide, And scout in Leather through the Ocean wide.

And what hee saith of their continual care of Traf∣fick and Custom of Navigation, concern's others as well that were under the British Government. Yet it is not to bee conceived, that these twig and Leathern Vessels of the Britains, were all of them unfit for making war by Sea (according to the man∣ner of that Age and of the neighboring Nations)

nor that they were less fit for long journies at that time; seeing e 1.23 Plinie write's expressly, that somtimes they sailed through the Sea in the space of six daies. In like manner wee read in the British f 1.24 Historie, that about Caesar's time, Lud King of Britain seized upon many Islands of the Sea in a way of war, which denote's that hee had a very considerable strength at Sea, and a well accomplished Navie. It is true indeed, that there were small Vessels among these (as they are no where without them) which doubtless were unfit to bear the brunt of a Fight or Tempest; that is to say, such as Caesar made to trans∣port his Souldiers over the River, when hee was streightned by Asranius his Armie, as hee had been taught (they are his g 1.25 own words) som years before by the Custom of Britain. The Keels and Ribs were first made of slight matter. The rest of the bulk of their Vessels, beeing wrought together with Twigs, was cover'd with Hides; which wee finde mentioned also by Lucan,

h 1.26 Primùm cana salix, mad••facto vimine, parvam Texitur in puppim, ••aesóque inducta juvenco, Vectoris patiens, tumidum cireumnatat amnem▪ Sic Venetus stagnante Pado, fusóque Britannus Navigat Oceano.—

—* 1.27 Of twigs and willow Boord, They made small Boats cover'd with Bul∣locks Hide, In which they reach't the river's farther side. So sail the Vene••••, if 〈◊〉〈◊〉 flow, The Britains sail on their calm Ocean so.

Others there are also that write of these small Vessels. But they are not (I suppose) at least in that Age, to bee called small Ships, which sailed through the

Sea in six daies space, nor such as Caesar made one∣ly to transport his Souldiers, and conveied them by Cart above XXII miles, according to his own Relation. It cannot bee doubted therefore, but that the Britains had Vessels made even of the aforesaid matter, big enough and very fit for service at Sea. Moreover, there will bee very good ground to con∣ceiv out of what wee shall deliver by and by, about the excluding of their Neigbors from the adjacent Sea, that they were wont to build and set forth Ships of war, of a far more commodious and solid sub∣stance, for the guarding of their Sea and the Isles. But their use of frequent Fithing (though i 1.28 som write that the more Northerly Britains did never eat fish) may bee collected upon this ground, that the better and more Civil sort of them were wont to embellish the Hilts of their Swords with teeth of the bigger Fishes. So saith Solinus k 1.29, They which endeavor to bee neat, do burnish the hilts of their Swords with the teeth of such great Animals as swim in the Sea, becaus they are as white and clear as Ivorie: For, the men take an extraordinarie pride in the brightness of their Arms. Now, I suppose, that without an extraordinarie abundance of such kinde of Animals, which could not bee caught without great pains and numbers of Fishermen, there could not have been matter enough of this kinde to serv for the triming of a most warlike Nation; where∣in it was a Custom for the Mother of every man∣child to put the first Food that hee received into his mouth, upon the point of its Father's Sword, in token of a warlike disposition. And the Mothers usual Blessings were to this effect, that their Sons might die no other death then in War and Arms. I know these words of Solinus are commonly taken by

Writers, as if they had been spoken onely of the Inhabi∣tants of Ireland: wherein, if I understand any thing, they are plainly mistaken. The words of Solinus in his Chapter concerning Britain, are these; The ex∣tremitie of the French Shore had been the utmost bound of the world, did not the Isle of Britain deserv the name almost of another world. For it is stretch't above 800 miles in length, if so bee wee measure it as far as the utmost point in the North of Scotland, where Ulysses once arrived, as appear's by an Altar there with an Inscrip∣tion upon it in Greek Letters. It is encompassed with many considerable Islands, whereof Ireland is next to it in bigness. It is a barbarous Countrie, by reason of the rude behavior of the Inhabitants; otherwise, of so rank a pastu∣rage, that unless Cattel bee somtimes driven from the Pastures, they run a hazard by too much feeding. There is no Ser∣pent to bee found, and but few birds; The people are in∣hospitable and warlike: And after a victorie, they first take a draught of the bloud of the slain, and then besmear their •…•…s. Right or wrong is all one to them. A woman, w••••n shee bring's forth a male, put's its first food upon her •…•…nds Sword, and stealing it into the little ones mouth 〈…〉〈…〉 the very point, shee pronounceth her blessing according 〈…〉〈…〉 the Custom of the Nation; with this wish, That hee may die no other death but in War and Arms. They that endevor 〈…〉〈…〉 bee neat, do burnish the Hilts of their Swords, & caetera, 〈◊〉〈◊〉 it followeth above. Hee treat's next of som •…•…nds that lie about it; as Thanet, the Hebrides, •…•…es, and Thule; and as to what concern's their manners, hee conclude's that Britain is inhabited in •…•…t by barbarous people, who from their child∣hood, by artificial stripes of divers forms, imprint the likeness of several living Creatures, up and down their bodies: As is sufficiently known out of Caesar

and other Writers. But now, if those words which follow that brief description, wherein the first mention of Ireland is made, were to bee understood of the Irish, not of the people of great Britain, then it would fol∣low there, that Solinus forgetting what hee had pro∣posed in the very entrance of his Discours, passed immediately from great Britain unto Ireland and the neighboring Isles; and that hee made not any men∣tion of the Customs of its Inhabitants, besides the striping of their skins with divers shapes, and this at the latter end of the Chapter: which I can not in any case believ. Nor is it agreeable to the scope of his discours, that Ireland should bee meant in this place, as well as great Britain. For, of Britain hee saith, It is encompassed with many considerable Islands, whereof Ireland is next to it in bigness. It is a barba∣rous Countrie, by reason of the rude behavior of the Inha∣bitants, &c. Then, this more large description of its manners and Customs which immediately follow∣eth, is no otherwise joined to the mention of Ire∣land in the Edition of Delrio, and most of the rest which wee have followed in the place before-al∣leged. And who seeth not that the beginning of that description, and so what follow's, ought with much more reason to bee referr'd thus to Britain, concerning which his purpose is to treat, then to Ireland, whose name is inserted onely by the way. Nor doth that hinder at all which wee read there about Serpents. I confess it to bee most true indeed, if spoken of Ireland, wherein there is no venemous Creature; and fals, if of Britain. But yet even this also hath been believed of our Countrie of Britain, and that in the clearer light of learning in time past; As appear's not onely by the Books of Cardan de Subtilitate, wherein hee

l 1.30 denieth that Britain entertain's any such Creature,) but also out of Sealiger's m 1.31 Exercitations upon him, who in like manner affirm's this, and spend's Di∣scours to no purpose to finde out the reasons why Britain hath not any venemous Creatures: which is strange indeed, since hee wrote so eagerly against the other; yea, and both of them beeing very famous men, and most expert Naturalists, lived som time in Britain. But errors of this kinde (as wee see also in Solinus concerning Birds and Bees) are not un∣usual among Writers: And it was a common cours for a Roman Writer to attribute extreme Barbarism (as Solinus doth in this place) to such forreign Na∣tions as were not in amitie with the Romans. Now, as to this passage which is found in som Editions; [It is encompassed with many considerable Islands, whereof Ireland is next to it in bigness, a n 1.32 barbarous Countrie becaus of the rude behavior of the Inhabitants &c.] as if the following words did by a continued sens and order relate unto Ireland; it beeing indeed contrarie to the truth of som antient Copies and the most ap∣proved Editions, arose (I think) upon this ground, becaus it was falsly supposed by the vulgar, that Ireland alone is treated of in som following Lines. Not∣withstanding, even so also those words which fol∣low the word [bigness] may as well, and ought to refer unto Britain, not unto Ireland. Moreover also, Tacitus saith expresly of the Irish of that Age, o 1.33 The men in their dispositions and habits do not differ much from Britain.

But now, that wee may return unto that trimming which was made of Fishes teeth; Auxiliaries were wont (as Caesar saith) to bee supplied out of Britain, in almost all those wars that the Gauls mainteined

against the Romans. And therefore it must bee said, either that the Britains were for the most part an abject savage people, yea and a dull slothful Generation (which appear's to bee most fals,) or els it must bee conceived that the Nation used Fishing very much, which together with the frequent use of Navigation and Commerce, shew's that they did enter upon the Sea corporally by Occupation. But if to such a cor∣poral occupation, as this, wee add also, that they ex∣cluded others from the Sea, shutting it up in such a manner, that they restrained them at pleasure from passage and entrance, what hinder's why wee may not conclude, that they acquired a manifest Domi∣nion of their own, both by an Intentional and Cor∣poral possession? But that the Sea was thus shut up by them, Caesar himself seem's to inform us plainly enough. For, when hee, upon his first attempt to cross the Sea into Britain, made diligent enquirie among the Gauls, touching the Shore and Situation of the ports, and to this end had summoned the Gallick Merchants together from all Quarters, hee was so deceived in his expectation about this matter, that hee was necessitated to send C. Volusenus before with a long Ship to sound them, as beeing wholly un∣known: For as much as the Gauls were utterly ig∣norant of these Shores, becaus they were prohibited entrance, and so excluded from a free use of the Sea. For, hee write's expresly, p 1.34 not a man of them went thither without leav, besides Merchants; nor was any thing known even to those Merchants, besides the Sea Coast, and those parts which lay over against * 1.35 Gaul or Gallia. Therefore, according to the usual Custom, no man, besides Merchants, could touch upon the Shore, without leav of the Britains; nor was it lawful for

those Merchants to make a narrow search or prie into such places ashore as were convenient or inconve∣nient for landing, or what Havens were fit to en∣tertain Shipping. For, although hee saith they knew the Sea-Coast; yet, as Caesar affirm's, they were utterly ignorant, what ports were fit to receiv a number of the greater sort of Ships. And it seem's, Merchants were permitted to visit the Sea-Coasts, onely by Coasting about, and using Commerce in the very Sea with the Inhabitants of the Island. The old Greek Interpreter of Caesar, saith also upon the place, None els, besides Merchants, were easily admitted among the Britains: That is to say, neither by Land nor by Sea, whereof they had (as hath been shewn) a very fre∣quent use, and from which they excluded all For∣reigners, except Merchants, as from a part of that Territorie, whereof they were Lords in possession. From whence it follow's also, that they also who were wont to cross the Sea often out of Gaul into Britain, to bee train'd up in the learning and disci∣pline of the Druïdes, could not do it without rendring themselvs liable to punishment for their boldness, if leav were not first had from the pettie Kings or Lords of the Island. From those pettie Kings, I mean, that ruled upon the Sea-Coast: For, the Bri∣tains at that time were not subject to the Govern∣ment of a single Person. They were Lords of the Sea, who governed those Cities or Provinces that lay next to the Sea; Cingetorix, Carvilius, Taxim••gulus, and Segonax in Kent; others also that ruled over the Regni, the Belgae, Durotriges, Damnonii, Trinobantes, Iceni, Coritani, (being the people that inhabited Sussex, Surrie, Hampshire, Dorsetshire, De••on, 〈…〉〈…〉, Essex, Norfolk, Lincolnshire) and the like. For, even Caesar

himself saith, the inner part of the Island was in∣habited by such as were said by Tradition to have been born there; but the Sea-Coasts by such as had cross't the Sea thither out of Belgium, to make war and gain bootie, who were called all for the most part by the names of those Cities from whence they came, and having seated themselvs there by force of Arms, they betook themselvs to Husbandrie. But hee according to that little knowledg hee had of a small part of the Island, called those onely maritime Cities, or Provinces, which lie South of the River Thames; especially Kent, the * 1.36 Regni, and the * 1.37 Belgae. But although the Sea-Coasts were thus divided at that time into several Jurisdictions, nevertheless it cannot bee doubted, but that they used to consult together in common against an Fnemie, or to guard the Sea (the defence where∣of belonged to all the Princes bordering upon it;) just after the same manner as they used to do upon other occasions of war against forreign Enemies, as you may see in q 1.38 Caesar, where the principal admini∣stration of the Government, with the business of war, was put into the hands of Cassivellaunus, by a common Council of the whole British Nation. Nor is that any prejudice against such a Dominion of the Bri∣tains by Sea, which wee finde in Caesar concerning the Veneti, a people of Gallia, that were seated at the entrance of the River of Loire; to wit, that they had a very r 1.39 large command upon the Sea-Coast of We∣stern Gallia, and that they were better skill'd then any other of their own Countrimen in the Use and Art of Navigation, and that in the Sea-fight with Decius Brutus, they had Ships made all of Oak, very well built, and whether you consider their leathern Sails, or their Iron Chains in stead of Cordage, or their Masts,

fitted to bear the brunt of any assault whatsoëver; and that CCXX sail or thereabout in number, went out of the Haven very well manned and pro∣vided with all necessaries for War, to oppose the Ro∣man Navie. It is very probable, that the most of these were Auxiliaries fetched by the Veneti out of Britain, or how great soëver the Venetan strength was at Sea, yet that it was not greater then the Bri∣tains, may bee collected from the same Author: For, hee write's expresly, that Auxilaries were not onely sent for at that time by the Veneti out of Britain, but also that they had very many Ships wherewith they used to sail into Britain: But yet, as it hath been shewn out of him alreadie, no man might sail hand over head into Britain, or without leav of the Britains. It is not to bee doubted there∣fore, but that, besides their Twig or leathern Vessels, they had a stout gallant Navie, which was able even at pleasure to exclude those Ships of the Veneti that were best armed. Els, how could it bee, that none but Merchants were admitted out of Gaul upon the Sea-Coast of Britain? Moreover, the whole Senate of the Veneti having been put to death by Caesar, not a man was found among those who remained alive after Brutus his Victorie, that could discover (so much as one Port of Britain; as appear's out of the same Author. Which how it might bee admitted, I do not at all understand, if the strength of those Veneti that were wont to sail thither, had been greater then the British, or if the British had not been much greater then theirs. But the reason why at Caesar's arrival afterwards, no Ship of that kinde was found upon the British Sea or Shore (which s 1.40 Peter Ramus won∣der's at very much) and why the Roman Writers

mention not any other Ships then such as were made of Twigs, seem's evident: For, the Veneti had got all the Shipping together into one place from all parts, to maintein the afore-said fight, as Caesar saith ex∣pressly. Therefore, if the British Navie were called forth to their assistance, as tis probable it was, then questionless it was all lost before Caesar's arrival: For, the whole strength and Forces of the Veneti perished in that Sea▪fight. Moreover also, Peter Ramus, speak∣ing of that great tempest, whereby Caesar's Ships were scatter'd up and down in this Sea with great hazard, saith, The Sea raised this Tempest, as it were revenging the British bounds, and disdaining to bear a new and strange Lord. As if hee had said, that the Bounds of the British Empire were in the very Sea, and the Sea it self angrie, that it should bee transferr'd into the hands of any other Lord. But as to that which wee finde in a certain t 1.41 Panegyrist, touching the time of Julius Caesar; that Britain was not arm'd at that time with any Shipping fit for War by Sea; it was spoken either in a Rhetorical way onely, and highly to magnifie that Victorie of the Emperor Constantius Chlorus (whereby having slain C. Allectus, who had invaded Britain, hee reduced the Island together with the Sea, as is shewn hereafter) or els it is to bee taken onely of the very time of Caesar's arrival. Otherwise, it is expressly contrarie to those reasons here alleged, and ground∣ed upon good Autors; and therefore not to bee admitted for Truth. But after that the Island was reduced under the Roman power, doubtless the Bri∣tains were prohibited from having any Ships of war, that they might bee the better held in obedience. Which is the reason why Writers afterwards make mention of such onely as were made of Twigs.

That the Britains were Lords of the Nor∣thern Sea, before they were subdued by the Romans. And that the Sea and the Land made one entire Bodie of the British Empire. CHAP. III.

THat the Britains were Lords also at that time of the Northern, or Deucalidonian Sea, is a thing proved by sufficient Testimonie. They called this part of the Sea Mario sui secretum, The secret or Closet of their Sea. Tacitus, relating the Navigation of Julius Agricola into this part, saith, the Britains, as it was understood by the Prisoners, were amazed at the sight of his Navie, as if upon thi•• opening the Closet or secret part of their Sea, there remained no farther refuge in case they were overcom. And in that stout Oration of Galgacus the Caledonian, wherein hee encouraged his Souldiers to fight, a 1.42 Now, saith hee, the Bound of Britain is laid open. The secret part of their Sea or their Sea-Territorie in the North, they called their Bound. Moreover, saith the same Gal∣gacus, beyond us there is no Land, and not the least se∣curitie at Sea, the Roman Navie beeing at hand; giving them to understand, that the Dominion hereof was to bee defended as was the Island, as a thing acquired before. Add also, that among the Writers of that Age, vincula dare Oceano, and to subdue the Britains, signified one and the same thing. So that place of Lucan is to bee understood, where hee reckon's what pompous Shew•• and Triumphs might have

usher'd Caesar into Rome, had hee returned onely with Conquest over the Gauls and the North;

—b 1.43 ut vincula Rheno, Oceanóque daret! celsos ut Gallia currus Nobilis, & flavis sequeretur mista Britannis.

What Stories had hee brought! how the vast Main, And Rhine, hee by his Conquests did re∣strain! The noble Gauls and yellow Britains tread Behind his loftie Chariot, beeing led!

But for all that, our Sea was not as yet subdued by the Romans, Julius Caesar onely shewed the Island, rather then deliver'd it into the hands of Posteritie: neither was any part of it reduced under the Roman power, before the Emperor Claudius his time; nor the Soveraigntie of the Sea transferr'd into the hands of any other. And although in Augustus his time, Drusus Germanicus c 1.44 sailed through that part of the Sea which lie's betwixt the entrance of the Ri∣ver Rhine and Denmark, and subdued the Fri••slanders, nevertheless, not any part of the Sea was added by that Victorie to the Roman Empire; for, the Britains held it all in possession, they beeing not yet fully sub∣dued. Nor is it unworthie observation here, that C. Caligula, beeing near Britain, and coming out of Germanie to the Coasts on the other side of our Sea, as if (saith d 1.45 Dio) hee intended to make war in Britain, and having drawn up his Armie, made readie all his slings and other warlick Engines, and given the sig∣nal or word for Battel, no man knowing or imagi∣ning what his intent was, hee on a sudden com∣manded them to fall a gathering of Cockles, and fill

their Laps and Helmets; Then, saying these Spoils of the Sea belong'd to the Capitol and Mount Palatin, hee vaunted as if hee had subdued the Ocean it self. At last, for a token or Trophie of this mock-victorie, hee rear'd a very lofty Tower hard by, out of which (as if it had been another * 1.46 Pharos) Lights were hung forth by night for the direction of Sea▪men in their Courses; the ruins whereof beeing not yet wholly demolished, but for the most part over∣whelm'd with water near Cattwiick, and very sel∣dom discover'd, it is called by the Hollanders that dwell near it, Britenhuis and L'Huis te Briten, that is the British Hous, or the British Tower. Certain it is out of Suetonius, that a Tower was raised by Caligula in that place: yea, and it is mainteined by divers learned men, as e 1.47 Hadrianus Junius the Hollan∣der, f 1.48 William Camden our Countriman, and g 1.49 Richardus Vitus, that these were the ruins of the same Tower; though others denie it, as Ortelius, Gotzius, and h 1.50 Clu∣verius: And they make a doubt both about the Original of the name, and also its signification; concerning which wee dispute not. But am ex∣tremely mis-taken, if Caligula, by this Action of his, did not so much neglect the conquest of Britain it self, which hee hoped or at least thought of, as seem to sport himself with the conceit of having found out so compendious a way of Victorie. Hee carried the matter as if hee had had an intent to subdue Britain; and supposed those Cockles, which hee called Spoils of the Sea, to bee Tokens of Sea-Dominion, and as a most sure pledg of the British Empire.

Moreover, it is upon good ground to bee con∣ceived, that there was one entire Territorie of the

British Empire, made up of the Land or continent of great Britain, with the Isles lying about it, and the Seas flowing between in their respective Chan∣nels: which may bee collected, both from that one single name of British, comprehending an entire Bodie of such a kinde of Territorie (as was shewn you before) and also from hence, that the very Sea it self is, by Albategnius and som others, described by the name of Britain, in the same manner as the Island, when as hee placeth Thule, an Isle of the Sea, in Britain. That is to say, just as Sicily, Corsica, Sardinia, and other Isles in the Tyrrhen Sea, have i 1.51 in Law been reckoned parts of Italie, yea, and continent thereto: For, Sicily (after that the Romans became Lords of the adjoining Sea flowing between) was called k 1.52 Regio Suburbana, as if it had been part of the Suburbs of Rome; and all these together with Italie and the Sea it self, made one Bodie or Province; so all the British Isles before mentioned, with great Britain and the Seas flowing about it, might well bee termed one Bodie of Britain or of the British Empire, forasmuch as the Seas as well as the Isles, passed alwaies into the Dominion of them that have born Rule within this Nation: From whence per∣haps it hapned, that the Romans conceived the British Empire consider'd apart by it self, to bee of so great a bigness, that l 1.53 Britain did not seem to bee com∣prehended by the Sea, but to comprehend the Sea it self, as it is express't by that Panegyrist.

That the Dominion of the British Sea, fol∣lowed the Conquest of great Britain it self, under the Emperors Claudius and Domitian. CHAP. IV.

AFter that the more Southerly part of Britain had been brought into subjection by the Emperor Claudius, and the Isle of Wight taken in by surrender, the British Sea, as of necessitie following the fate of the Island, was together with it annexed to the Roman Empire; at least so far as it was stretched before that part of the Isle which was sub∣dued. Whereupon, a a 1.54 Poët of that Age write's thus to the Emperor Claudius touching the Conquest of Britain,

Ausoniis nunquam tellus violata triumphis, Icta tuo, Caesar, fulmine procubuit. Oceanúsque tuas ultra se respicit aras; Qui finis mundo est, non erat Imperio.

That Land where Roman Triumphs ne're appear'd, Struck by thy lightning, Caesar, down is hurl'd. Since thou beyond the Sea hast Altars rear'd, Thy Empire's bound is larger then the world.

And then hee goe's on,

Euphrates Ortus, Rhenus recluserat Arctos, Oceanus medium venit in Imperium.

Euphrates Eastward did thy Empire bound, And on the North the Rhene, The Ocean in the middle beeing plac't, Did lie as part between.

Here hee saith, that the Sea it self was with Britain subdued to the Roman Empire; as afterward also hee speak's more expressly.

At nunc Oceanus geminos interluit Orbes: Pars est Imperii, Terminus antè fuit.

But now the Sea betwixt two worlds doth flow; The Empirs part, which was its Bound till now.

The British Sea was the Bound of the Roman Empire between France and Germanie. But immediately after the Conquest of Britain it became a part of the Em∣pire. Hee proceed's again thus;

Oceanus jam terga dedit; nec pervius ulli Caesareos fasces, imperiúmque tulit.

The Sea's subdu'd; and though it were till now Open to none, to Caesar's Sword doth Bow.

And then,

Illa procul nostro semota, exclusáque caelo Alluitur nostrâ victa Britannis aquâ.

Though conquer'd Britain far from us do lie The water's ours that on the shore flow's by.

Hee call's the Sea Our water, beeing no less conquer'd, than the Island it self. From whence also hee write's, that the Roman Empire was begirt with the Ro∣man Sea, to wit, after Britain was subdued,

Quam pater invictis Nereus vallaverat undis.

Which the Sea had fortified with uncon∣quer'd waters.

The Empire of the waters ever followed the Domini∣on of the Island. And b 1.55 Seneca, concerning the same Emperor and this Sea, saith;

—paruit liber diu Oceanus, & recepit invitus rates. En qui Britannis primus imposuit jugum, Ignota tantis classibus texit freta.

The long unconquer'd Sea obedience gave, And, though unwilling, did his ships receiv. Hee first the Britains to the yoke brought down, And with huge Navies cover'd Seas un∣known.

Moreover, the same Author in Apocolocynthosi;

Jussit & ipsum Nova Romanae Jura Securis Tremere Oceanum.

Hee gave new Laws unto the Sea, as Lord, And made it treamble at the Roman Sword.

This is plainly to bee understood of the British Sea. And Hegisippus an old Autor▪ (representing the person of King Agrippa speaking to the Emperor Claudius) saith, c 1.56 It was more to have passed over the Sea to the Britains, then to have triumphed over the Britains them∣selvs.

But what could they do, when the Elements were once subdued to the Roman Empire? The Sea taught them to bear the yoke of servitude, after that it self had upon the arrival of the Roman Shipping acknowledg'd an unusual subjection. Hence it was also, (asd 1.57 Suetonius saith) that in honor of the Prince, the resemblance of a Ship was fixed upon the top of the imperial Pa∣lace. But these particulars relate onely to the more Southerly part of the Sea. Claudius never had any Navie sail to the North; For, his Conquest reached not so far. But the Romans sail'd about the Island first in the daies of Domitian, and then it was, that they first discover'd and subdued that remotest part of the Sea. Tacitus, in the life of Agricola who was Lievtenant in the Province of Britain, saith, the Roman Navie sailing then the first time (under Domitian) about the Island, affirmed this Coast of the remotest (Caledonian) Sea to bee the Isle of Britain, and hee discover'd and subdued also those Isles called the Orcades, which had been unknown till that time. To the same purpose also speak's Juvenal,

—e 1.58 arma quidem ultra Littora Juvernae promovimus, & modò captas Orcadas.—

W' have born our Arms beyond the Irish Main, And th' Orcad's Islands which were lately ta'ne.

Lately taken hee saith, that is, in the time of Domi∣tian. And therefore it is a manifest error in Eusebius Hieronymianus, who saith, That Claudius added the Or∣cades Isles to the Roman Empire: yet hee is followed by Orosius, Cassiodorus, Eutropius, Bede, Nennius, Ethel∣werdus, and others. But the contrarie is sufficiently

proved out of Tacitus alone, a very grave Autor, and one that lived at the same time. But as to those passages found in f 1.59 Valerius Flaccus, g 1.60 Silius Italicus, h 1.61 Statius, and others, touching the Caledonians and Thule's beeing subdued before the daies of Domitian, they are so to bee understood onely, that wee are to conceiv either after the manner of the Poêts, that the name of the more Northerly Britains, is, by the figure Synecdoche, used for all whatsoêver, and Thule it self for any part of Britain; or els that the Caledonians ge∣nerally among the Romans, signified those Britains that were but a little removed from the Southern Shore. For, even i 1.62 Florus write's, that Julius Caesar pursued the Southern Britains into the Caledonian Woods: That is, plainly, into the Woods of the more Southerly part of Britain: But when Julius Agricola had, in Domi∣tian's time, reduced the Isle by force of Arms both by Sea and Land, and sailing round about with a Navie, had discover'd the Caledonian Sea properly so named on every side, which the Britains (as hath been observed alreadie) called the secret part or Closet of their Sea, and had taken in the Orcades; wee ought to conclude that then that more Northerly Sea also was added to the Roman Empire, and so that the Romans were Lords over all the British Sea, no otherwise then of the Island: Which also is con∣firmed in plain terms by Tacitus, who speaking of Agricola's design to war upon the Caledonians, saith, hee first provided a Fleet, which attended in gallant Equi∣page to back his Forces; at which time hee prosecuted the war at once both by Sea and Land, and oftentimes in the same Camp, the Hors and Foot and the Sea-Souldiers ming∣ling mirth and companie together, extoll'd every one their own hazards and Adventures; one while they boasted the

heights of Woods and Mountains; another while the dangers of Storms and Tempests; som vaunted of their exploits against the Enemie by Land, others of their Conquests by Sea, making comparisons, souldier-like, with many brava∣do's. The Britains also, as it was understood by the Pri∣soners, were at their wits end upon the sight of his Navie, as if upon this opening the Closet or secret part of their Sea, there remained no farther refuge in case they were overcom. This is a most clear Testimonie touching the Do∣minion of the British Sea, shewing that the Britains and Caledonians first, and the Romans afterward be∣came Lords thereof. A doubt hath been made by learned men, whether inlargement of Dominion, or Con∣quest by Sea, should bee read in that place: But both the Readings plainly point out an acquisition of Do∣minion. And if you read inlargement of Dominion by Sea, it signifie's that the Caledonian Sea was then an∣nexed▪ to the other Sea, which together with the more Southerly part of the Isle, had by the Emperor Claudius been added to the Roman Empire. And that the British Sea was thus reduced at that time under the Roman power, as a perpetual and inseparable ap∣pendant of the Island, was perhaps conceited by k 1.63 Papinius, when hee thus bespake Domitian, in whose time this Conquest was made of the Britains;

—maneas hominum contentus habenis, Undarum Terraeque potens—

Long maist thou joy in the Command, Of men, and sway both Sea and Land.

Truly, a l 1.64 late Writer also saith, that Julius Caesar did assert to himself a Dominion over British Isle and Sea. And this hee saith upon very good ground, whilst hee join's the Dominion of both together, as undi∣vided;

but upon none at all, when hee ascribe's onely a Dominion of the Isle to the same Caesar.

Touching the Dominion of the Romans in the British Sea, as an appendant of the Island, from the time of Domitian to the Emperor Constantius Chlorus, or Dio∣cletian. CHAP. V.

BUt the Romans having (as wee told you before) subdued both the Island and the Sea that roll's about it; as they managed the Government by Presidents and Lieutenants at Land, so by a chief Governor called Archigubernus, with a numerous Fleet at Sea. For, by that name was the Commander of the British Navie called (or els Archigubernius, as it is in the m 1.65 Florentine Pandects) which appear's also by the Epistles of Javolenus, a Lawyer, that lived un∣der the Emperors Adrian and Antoninus Pius. Seius Saturninus, n 1.66 saith hee, Archigubernus ex classe Britannicâ, chief Governor of the British Navie, left Valerius Maximus, Captain of a three-Oard Gally, his heir or Feofee in trust by Will; requiring him to yield back the inheritance to his Son Seius Oceanus, as soon as hee should bee seventeen years of Age. But the Romans foreseeing there would bee a great deal of trouble and but small benefit, in subduing and holding the Caledonian Britains, they, lea∣ving the North part of the Isle to the barbarous people, and retiring towards the South, did so li∣mit their Land-dominion by rearing up Mounds or Walls before it, that wee must of necessitie suppose their Dominion was but small likewise by Sea. Those Mounds or Fences are frequently mentioned,

in the Histories concerning the Emperors Adrian, An∣toninus Pius, and Severus. But by that hence which Adrian made and Severus repaired, beeing either a Wall or a Trench drawn through the * 1.67 North parts, from the Eastern to the Western Shore, the Territorie of the Ro∣mans was confined almost within the same Limits which had bounded the Conquest of Claudius. But the other, which parted the Island in the middle between the Estuaries of * ••lotta and * Bodotria, bounded* 1.68 the Roman-British Empire under Antoninus Pius, and after that in the time of Valentinian, Valens, and divers other Emperors their Successors: So that per∣haps the Romans afterward had not much more of the Northen Sea in their Dominion, then what washed the Borders of these Territories. But after seius saturninus, the afore-mentioned Commander in chief of the British Navie under Adrian or Antoninus Pius, there is a deep silence among Writers touching the Sea affairs of Britain, and almost concerning Britain it self, till the daies of Diocletian. And under Diocletian, the British Sea beeing infested, all along the Coast of Britanie and Belgium, by the French and Saxons, care was taken to quiet and secure it by sending forth C. Carausius, a man indeed of mean parentage, o 1.69 but expert both in Counsel and Action. And Geffrie of Monmouth write's, that hee made suit for this Govern∣ment of the Sea, and promised to perform so many and so great matters for the advantage and inlargement of the Commonweal, more then if the Dominion of Britain should bee committed to his charge. Eutropius also, speaking of the Infesters of the British Sea, over which this man was made Commander in chief by the Em∣peror as Lord thereof, so far as hee enjoied the Do∣minion of Britain, saith, that hee oftentimes taking many

of the barbarous people, and not delivering the prizes to the Liutenants of the Province, nor sending them to the Emperors, reserved them to himself; therefore when it be∣gan to bee suspected, that hee permitted the barbarous peo∣ple on purpose to fall upon those that conveyed the Prizes, that by this means hee might enrich himself, a command bee∣ing given by the Emperor Maximianus to kill him, hee thereupon turn'd Usurper; and possessed himself of Britain. At length, having fortified himself both by Sea and Land, hee held the joint-Dominion of both for 7 years, as inseparable; beeing slain by his companion C. Alle∣ctus, who enjoied the same 3 years as his Successor. And then hee also (after hee was brought to so low a pass by the Emperor Constantius Chlorus, who had cros't the Sea in person on purpose to reduce him, that hee knew not what to do, and seem'd to bee imprisoned rather then fortified by the Sea, as saith the p 1.70 Autor of the Panegy∣rick to Maximianus) was at length, by the valor and con∣duct of the Pretorian prefect Asclepiodotus, overcom and slain: And thus both the Isle and the Sea together was recover'd after ten years time, so far as it flow'd before that part which was under the Roman Jurisdi∣ction. Nor was it upon any other ground, then this ten years usurpa∣tion in Britain, that those Coins were made with the Inscriptions both of C. Carausius and C. Allectus ••MP. C. CARAUSIUS P. F. AUG. and ••MP. C. ALLECTUS. P. F. AUG. But wee have placed here a counterfeit of that brass Coin which was made by Allectus, that you may observ the three-oar'd Gally on the revers of it, with the Inscription VIRTUS AUGUSTA, whereby I

[illustration]

conceiv hee gave to understand, that this Empire of Britain chiefly depended upon the Dominion of the Sea flowing about it. Touching the recovery of Bri∣tain thus together with the Sea, there is also a notable Testimonie in that Panegyrick, whereof som conceiv Mamertinus, others Eumenius to bee the Autor. O how great is this Victorie (saith hee) and worthie of innumerable Triumphs! whereby Britain is recovered, whereby the French are utterly destroyed, whereby moreover those many Nations that were engaged in the same mischievous conspi∣racie, are forced to a necessitie of yielding; And lastly, for our perpetual peace, the Seas are scour'd and rid of Pirats! Glory then, O unconquerable Caesar (hee speak's to Constantius Chlorus, the afore-named Emperor) that thou hast pur∣chased another world, and added to the Empire an Element greater then all the Earth, by restoring the glorie of the Ro∣man power by Sea. Hee saith a greater Element, in a rhetorical flourish, in stead of the British Sea, which hee thus expressly affirm's to have been recover'd together with Britain it self. It is observable also, that the Romans alwaies so spake concerning the Em∣pires, of Britain, and of the Sea called by its name, as inseparable. Making mention likewise of that pest, which consumed onely within the bowels of Britain, or of the imminent danger then attending the Roman Empire, It w•••• bounded (saith hee) with no mountain or river, which was not secured by Guards at the place appointed. But although wee shared in your valor and selicitie, yet like a Ship it was exposed in every place ••o great terrors, wheresoëver the Seas are spred or the winds do blow. And a little after, saith hee, By this Victorie not onely your Britain is redeem'd from vas∣s••lage, but securitie of traffick restored to all Nations, which might have run as great hazard at Sea in time of war, as they gain benefit by peace. Hee expressly call's the

Government also of Allectus a Force of Rebellion by Sed, and it appears, saith hee, that the ••ery Is•••• of Britain, which had harbor'd a treason of so long continuance, is m••de sensible of your Victorie by beeing restored unto it self. Together with the Conquest of Britain it self, all the strength of Shipping was lost, which, upon Allectus his usurpa∣tion in Britain, must needs as a perpetual Concomi∣tant of the Island, have been of very great use against the Emperors. But the Panegyrist goe's on▪ In other parts indeed som things remain which yee may acquire, as you pleas or see caus; but beyond the Sea what was left except onely Britain? which you have so recover'd, that those Nations also which border upon that Island, are wholly at your devotion. There is no occasion to proceed farther, except you design (that which is impossible in nature) to finde out the bounds of the ••ea. What Nations are those here that border upon Britain, except those that lie be∣yond-Sea, whose Shores were conjoined with the British Empire as it was then accounted, or with the Sea-bounds of the Province of Britain, that is, in the British Sea? As the French, and the other adjoining Nations. For, it is not to bee understood of those little Isles which are next to us; their Inhabitants not beeing worthie the repute of Nations. Not was it agree∣able to the Majestie of a Panegyrick, to aggrand••se the Emperor's glorie by such pettie things. But by and by in the following Chapters wee shew▪ that those Nations adjoining to the bounds of Britain, or whose bounds are united to the bodie of the British Empire, were those very Inhabitants of the continent of France, whose Shores are contiguous to the bounds of the British Sea, which in a civil sens was accounted a part of the Isle it self, or Territorie united therewith. For, the Panegyrist proceed's thus to the explanation

of those words: By the means of thy Victories, O Constantius, most victorious Emperor, all those parts that lay waste and desolate about the Countrie of Amiens, and Beauvois, and Troies, and Langres, now thrives again by the labor of the rude Husbandman. In like man∣ner, Carolus Sigonius, out of the same Autor, saith, * 1.71 By this victorie not onely Britain it self was recover'd, but the Coasts of France also, Spain, Italie, and Africa, were freed from the perpetual incursions of Pirats. That is to say, by the taking in of Britain, with the Sea, and the naval strength that was its Guard, not onely the neighboring but even the remotest Provinces bordering on the Sea, were made secure and free, seeing they were all threatned by this war or rather rebellion by Sea, which might have raged and wandred as wide as the Ocean, and into the streights of the Mediterranean Sea; which are indeed the very words of the Panegy∣rick. So that you see, to restore or reduce Britain, to recover it, to suppress a Sea-Rebellion here, and to scoure this Sea, were esteemed under such a con∣sideration, that, the one beeing don, the other fol∣lowed, by reason of the inseperable Dominion of the British Isle and Sea together. And when Britain was lost, the Naval Forces of the Romans, whereby the Sea was guarded, were lost in like manner. But when it was reduced, even these also were reduced together with the Sea.

Touching the Dominion of the Southern and Eastern Sea, as an Appendant of the British Empire, from the time of Constantine the Great till the Romans quitted the Island. That it was all un∣der the Command of the Count of the Saxon Shore throughout Britain. Also concerning the British Navie, under the Romans. CHAP. VI.

IN the following Age, the manner of Admini∣stration of Government beeing changed about the time of Constantine; as the Pretorian Prefect of Gallia had a Deputie under him to order the Civil affairs of Britain; and as the Magister Militum occi∣dentis; Hee that commanded the Militia of the West had an Officer under him called Comes Britanniarum, Count of Britain, and Dux Britanniarum, Duke of Britain, who commanded Forces for defence of the Midland parts of the Isle: So the said Magister Mi∣litum was wont at his own discretion to appoint som person of eminent dignitie to bee his Substi∣tute, by the Title of a 1.72 Count of the Saxon Shore throughout Britain, with Command over the Garrisons and Fortifications placed upon the South and Eastern Shore of Britain, and over all that Sea which flow's between France, Spain, Holland, Denmark, and great Britain, as over a part or bound, not bounding, but bounded by the British Empire, no otherwise then

as a distinct Province of the same Empire; as most eminently appear's by the very Title of the Dignitie or Command. For, the Duke of Britain, and Count of Britain, were as the Count of Tingitania, the Count of Spain, and very many others of the like kinde, denominated from those Lands and Countries over which they were put in Command. And such of these Dignities or Commands as were for defence of any Frontiers or Borders, took name ever from the Borders. Upon which account it is, that among the Imperial Offices or Commands wee meet with Comes limitis AEgypti, the Count of the Egyptian Border, b 1.73 the Prefect of Euphrates, the c 1.74 Prefect of the Bank of Danubius, and the d 1.75 Count of Danubius, and those e 1.76 to whom the Charge and Defence of the river Rhine was committed: For these Rivers were Bounds or Limits of the Roman Empire. And it is the opinion of f 1.77 learned men upon good ground, that the Counts or Dukes of Rhine are meant by those words concerning the River of Rhine. But as the Northern and Eastern Bounds of the Roman Empire were denoted by the names of the Rivers Danubius, Rhine, and Euphrates, so clearly also the name or Limit of the Saxon Shore pointed out the Eastern and more Southerly bound of the British Empire, or that which was reduced by the name of British, as an entire bodie, under the Roman power. So that whatsoever reached as far as that Limit, lay properly under the command of the Count of the Saxon Shore in Britain, as Governor of the Sea-Territorie, as an appendant of the Isle. But that Territorie or Province subject to this particular Dignitie or Com∣mand, reached through the very British Sea, from the Shore of Britain to the Shores on the other side

of the Sea, or those which lie over against ou•• Isle of Britain, in France, the Low Countries, Holland, and Denmark; so that what Sea or Islands soever lay between near the British Shore, appertained all to the Command of the aforesaid Co••••••t, as to the charge of an Admiral belonging to a Province or Territorie.

But that those opposit Shores were all known at that time by the name of the Saxon Shore, is evident both out of Ptolomie, Marcianus Heracleotes, Zosimus, and the like, and also out of the Register or Brevi∣arie of the Dignities of both the Empires. For, g 1.78 Ptolomie and h 1.79 Marcianus place the Saxons at the en∣trance of the River Elbe which lie's near Cimbrica Chersonesus or the West-part of the Kingdom of Den∣mark, as also in Cimbrica Chersonesus it self. And that Shore took the name of Saxon from their first and most antient habitations. But beeing the most emi∣nent people of Germanie, they by driving out their Neighbors enlarged their habitations Southward, all along the Batavian, Belgick, and French Shore. From whence i 1.80 Zosimus write's, that about Constantine's time, they possessed themselvs of the Hollander's Countrie at the entrance of Rhine. And becaus they seated themselvs near these Shores, and by their fre∣quent excursions thence infested both Sea and Land all along the Sea-Coast of France, it was called not onely the Shore of those Saxons, or the Eastern bound of the British Empire; but also that Belgick and the whole Gallicane Shore, which lie's over against our Isle 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 manifest by

what wee have alreadie mentioned. And the Regi∣ster or Breviarie of the Imperial Dignities speak's expressly in like manner touching the Belgick and Gallican Shores. For, in it wee finde, that under the charge or command of the Duke of the Tract of * 1.81 Aremorica (which reacheth from the Western Gal∣lia, or from the mouth of the River of Loire to the entrance of Seine) there was a Tribune of the first new band of Souldiers of Armonica and Grammona upon the Saxon Shore. There, the French Shore lying over against our South part of Britain, is called in plain terms the Saxon Shore. For, in the same Breviarie, under the Command of the Duke of that part of Belgica secunda, (which reacheth from the entrance of the River Seine to that of the River Maze, and com∣prehend's Flanders) wee finde Equites Dalmatas Mar∣cis in littore Saxonico, Dalmatian Horsmen at the Borders on the Saxon Shore. And the Saxon Shore is evidently set forth in the signal Ornaments of the same Duke. So all that which reacheth from Cimbrica Chersonesus or the West-part of Denmark to the Western Gallia, is expressly call'd in the Breviarie the Saxon Shore, which hapned not onely from the frequent depredations made then upon that Sea-Coast by the Saxons, but by their Excursions and often acquiring of habitations all along that Shore. So that nothing could have been more plainly spoken, to shew that the whole Sea lying between, was possessed at that time, as an appendant of the Island, by the Lords of the South-part of ••he Isle; except a man should suppose, that those places which are extended from the proper habitation of a Count, Duke, or any other Officer in Command for defence of Borders, unto those Borders from whence

hee was denominated or entitled, were not subject either to his Jurisdiction or to the Dominion of those that bestowed the Command upon him. Which truly is absurd, and wholly different from the usual administration of the Roman Empire. But that Count of the Saxon Shore in Britain, had his proper places of abode onely in Britain; and, under the Romans, that Magistrate belonged onely to Bri∣tain. Nor were those Saxons any other then Ene∣mies. And their Shore, so far as they possessed it, was an Enemies Countrie. Moreover, this Count had Houses, at his own pleasure, in either of those Garrisons, Towns, or nine Maritim Cities, which beeing seated upon the Shores of Sussex, Kent, Essex, and Norfolk, hee alwaies had them painted out near the Sea, and added to his grand Commission, for the signal Ornaments of his Office. The names of these Ci∣ties were Othona, Dubris, Lemmanis, Branodunum, Gari∣anum, Regulbis, Rittupae, Anderidos (or Anderida) and Portus Adurni. Besides, both the Deputie of Bri∣tain, and the Duke, and Count of Britain, had their sig∣nal Ornaments given in like manner with their Commands. This had a pourtraicture of the Isle it self, drawn in the form of a Castle fortifi∣ed in the Sea. The Duke had certain Mid∣land Towns. And the Deputie those five Pro∣vinces into which the Isle was divided by the Romans; as you may see in the Breviarie of Dig∣nities. Where the afore-mentioned Arms of the Count of the Saxon Shore are represented after this manner,

[illustration]

to wit, the very same that was wont to bee drawn in his Commission. But as to what concern's those Maritim Cities or Towns in these Ornaments; if wee may believ k 1.82 such as are well verst in the affairs of Britain, Othona was seated upon the Shore of the Trinobantes which lie's before Dengy hundred in

the Countie of Essex. Dubris is the same with Do∣ver. Lemannis was placed about Hith on the Kentish Shore. Branodunum was no other but Branchester upon the Shore of Norfolk near the washes between that and Lincolnshire. Garianum was either Gerne∣mutha, or som place near it. Regulbium or Regulbis was situate upon the Northen Coast of Kent, bee∣ing called now Reculver. Rittupis or Rhutupiae was seated in Kent at the entrance of the River Wantsum; Perhaps it was the same with Richborow. Ande∣ridos stood upon the Bank of the River Rothermouth, and is now called Newenden. And lastly, Portus Adurni became a little Village, now called Aldrington, near Shoreham upon the Coast of Sussex. But the very Form and Fashion of the Book pictured in those Ornaments, which in the Manuscript Copies of the Breviarie (as Pancirollus saith) is of a purple* 1.83 or yellowish color, did signifie the Instructions of the Emperor. And if wee may believ Pancirollus, the Let∣ters inscribed upon it signified in the Notaries lan∣guage, Felix Liber injunctus Notariis laterculi, continens Mandata ordine Principis, seu Primicerii, who was the principal Notarie. The very same Inscription is somtimes 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 expressed in the Breviarie after this manner;

Sub dispositione viri spectabilis, Comitis litoris Saxonici, per Britanniam.

• Praepositus numeri Fortensium, Othonae.
• Praepositus Militum Tangricanorum, Dubris.
• ...

• Praepositus numeri Turnacensium, Lemannis.
• Praepositus equitum Dalmatarum Branodunensis, Brano∣duno.
• Praepositus equitum Stablesiani Garrianensis, Gariann••n••.
• Tribunus cohortis primae Vetasiorum, Regulbio.
• Praepositus Legionis II Aug. Rutupis.
• Praepositus numeri Abuleorum, Anderidae.
• Praepositus numeri Exploratorum portu Adurni.

Officium autem habet idem Vir Spectabilis Comes, hoc modo.

• Principem ex officio Magistri Praesentalium à parte pe∣ditum.
• Numerarios duos, ut suprà, ex officio supradicto.
• Cornicularium;
• Adjutorem;
• Subadjuvam;
• Regendarium;
• Exceptores;
• Singulares, & reliquos Officiales.

The names both of the Souldiers and Officers are to bee found in Pancirollus; this beeing no place for a Commentarie, to explain them to such Readers as are not well vers't in the Storie of the Roman Empire in its declining state. But I shall give an account of their numbers, as it is cast up by Pancirollus, that you may the better know what those Garrisons were which were imploied at that time, to guard this Sea∣appendant of the British Empire. m 1.84 Under this Count (saith hee) was one Legion or Regiment perhaps of a thousand Foot, and six Companies; perhaps one thousand two hundred, and two Troops of Hors almost two hundred. The whole amount's to almost two thousand two hundred

Foot, and two hundred Hors. For, n 1.85 Constantinus Por∣phyrogenneta write's, that at this time there was a Regi∣ment of a thousand Foot. So hee. Now, the Ships and Souldiers belonging to the Navie are not mentioned in the Breviarie, at least not by this name. But as there were Troops of Hors disposed against the Landings of Enemies (in case any should happen;) so there is no reason to doubt, but that the Souldiers belonging to the Navie were listed in the Companies and Le∣gion. After which manner likewise Flavius Vegetius saith, that o 1.86 at Misenus (now called Monte Miseno) and at Ravenna, several of the Roman Legions continued with the Fleets, that they might not bee at too great a distance from guarding the Citie, and that they might as occasion required, bee transported in Shipping to all parts of the world. Hee reckon's those Souldiers be∣longing to the Navie, among the Regiments of Foot, or under their Name. But in the mean time it is to bee observed, that the p 1.87 most diligent In∣quirers into the Roman affairs, whilst they Treat of their Fleets, do besides that of Ravenna and q 1.88 Miseno (of which this latter lay nearest to France, Spain, Barbarie, Africk, Egypt, Sardinia, and Sicily; the other was wont to sail in a direct cours to Epirus, Macedonia, Achaia, Propontis, Pontus, the East, Crete, and Cyprus; which are Vegetius his own words; both of them beeing first instituted and appointed there by r 1.89 Augustus Caesar, to guard the Provinces bordering upon the Sea, with the Sea it self, and called also Pretorian, for the more reputation) they do (I say) for the most part add onely two more that were set forth to Sea, but of less account. The one was placed at Friuli, in that part of France called s 1.90 Gallia Narbonensis, The other in the

very t 1.91 Euxin Sea. And it is for the most part agreed, that the Romans had onely four constant or more eminent Fleets at Sea. They do indeed rightly add also som other constant Fleets which belonged to Rivers, as that of the Rhine, and Danubius, of which sort also may bee reckoned that belonging to Mysia called Maesica, and another also belonging to Pannonia or Hungarie called Pannonica, and others of the like nature. But among these there were certain Barks or nimble Vessels call u 1.92 Lusoriae or Lusuriae (in English wee may call them Flie-boats) wherein they scouted out as far as the remotest Banks and the Castles built upon them, to guard the Bounds of the Empire. And under this notion the name of these Lusoriae, was restored by x 1.93 Claudius Salmasius, according to two Laws in the y 1.94 Code of Justinian which were before sufficiently corrupted. And as in Rivers they for the most part used these Lusoriae or lesser Vessels; so in the Sea they made use of Pinnaces, the least whereof had single Ranges of Ores; those that were a little bigger, double Ranges; and those of a middle size or proportion had three or four, and somtimes five, as wee are told by Vegetius. But now, notwithstanding that those diligent Inquirers into the defences and Fortifications of all sorts be∣longing to the old Roman Empire, are wont, when they mention any Navie of Britain, to speak slightly or in terms obscure enough; this nevertheless is most certain, that there was among the standing Guards of the Romans, not onely a particular Fleet of Pinnaces or light Vessels belonging to Britain, wherewith they guarded this Sea whereof wee speak, as an appendant of the Isle of great Britain; but also that they had not any other Navie in the outer Sea, or

any Shipping at all upon the Sea-Coasts of Spain or France, without the Mediterranean Sea. At least, it is no where mentioned by antient Writers. Which is no slight Testimonie, that the Sea and the Isle together made up one entire Bodie of the British Empire, as it was then devolved unto the Romans, and also that such a Custom was at that time in force upon the Sea, so far as it belong'd to Britain, that the like could no where bee found at least in the more Western parts, there beeing no other Sea-Province among them. There is (besides that or∣dinarie instance z 1.95 alleged before out of the a 1.96 Digests of the Civil Law, concerning Seius Saturninus Com∣mander in chief of the British Navie under Antoninus or Adrian the Emperor) express mention made also by b 1.97 Tacitus of this British Navie, where speaking of the affairs of Cerealis and Civilis under the Emperor Vespasian, Another fear, saith hee, had possessed the minde of Civilis, lest the fourteenth Legion beeing assisted by the Navie of Britain, should infest the * 1.98 Batavians upon the Sea-Coast. And therefore that learned man Lipsius had no ground to conceiv that this was part of that Fleet of small Vessels called Lusoriae, whereby the River Rhine was guarded; to wit, that part of it which guarded the entrance of the River near that place called the British Tower, whereof wee spake before in the third chapter of this book. For, it 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 onely by the thing it self, but also by what hath been alreadie spoken, and what shall bee said in the next chapter touching the Count of the Saxon Shore; so far at least as wee may

bee able to judg of the former (as wee often use to do) by the latter cours that was taken in ordering affairs, and disposing of Guards and Garrisons. But that this was a compleat Navie, and had a pecu∣liar Prefect or Commander in chief over it, is testified by a fragment of an antient Inscription in a Palace at Rome, called Palatium Capranicense, c 1.99 wherewith tru∣ly that name of Prefect of the British Navie was utterly lost. Yet it appear's thereby that such a Pre∣fecture or Command there was, not of the least note among those antient dignities of the Romans, and that it was committed to the same man that was likewise Prefect of the two Navies called Classis Moe∣sica and Pannonica; as also Proconsul and President of the Alps, Sub-Prefect of the Pretorian Navie, and Tribune of the sixteenth Legion. The form of the Inscription stand's thus.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PRAEF. CLASS. BRIT. ET MOESIC.
ET PANNONIC. PROC. ET PRAESIDI
ALPIUM SUBPRAEF. CLASS.
PRAET. TRIB. LEG. XVI.
FL. ECPREPUSA.

Moreover, it is no light Argument to prove, that in those times there was frequent use of that Navie in guarding the British Sea, as a part of the Province of Britain (as hath been alreadie said;) and that upon this ground, becaus the very name of those scouting Skiphs which were joined with the bigger sort of Pinnaces or light Vessels upon the Guard, was

borrowed by the Romans in their writings from the Britains, after the same manner as they took the name of those Boats called Copuli from the Germans, which d 1.100 were likewise of that sort of Vessels called Lusoriae, ••••ploied in guarding the Rhine. The Romans observed that the Britains called those Vessels Pyctas. Flavius Vegetius, who in the Reign of the two Va∣lentinians, composed his Books concerning the affairs of the Roman Militia, out of the Commentaries of Cato, Celsus, Trajan, and Hadrian, saith, e 1.101 scouting Skiphs are joined with the bigger sort of Pinnaces, that had about twentie Rowers in all; which Skiphs the Britains call Pyctas. In these they use to make assaults and in••••••es upon a sudden, and somtimes intercept the provision and supplies of their Enemies Shipping, and by diligent watchfulness discover their approaches or counsels. And that their Scouts may not bee discover'd by their whiteness, they die the Sai••s and Tackling with a blewish color, like the waves of the Sea. They besmear them also with wax as they use to trim their Ships. Yea, and the Seaman or Souldiers put on clothes of the same blewish color, so that they are the less discernable as they scout about, not onely by night, but also by day. So far hee. And the printed Books do generally render these Vessels here Pictas or Pyctas. But som Manu∣scripts, that have been used by Godesca••cus Stewechius, call them Picatas; and also wee read Picatas in two Manuscripts belonging to the King's Librarie at S^t James, as I was inform'd by that learned man and my very good friend Patrick Young; from whence it is, that, in the old French translations of Vegetius, it is rendred one while Picaces, another Pigaces. But saith Stewechius upon the afore-mentioned place, It seem's more probable to mee that they were called Pincas, Pinks; For, even at this very day there is such a kinde of

Vessel known both in Britain and Holland. And the or∣dinarie name is Een Pincke. But howso••ver the case hath stood, here wee see in Vegetius, that the scouting Vessels were emploied together with the Pinnaces, and their name so observed according to the British language of that Age, that there appear's not the least ground to doubt, but that Vegetius was of opinion also, that those Vessels were either con∣stantly or very frequently in use among the Britains, and in the Sea-Province of Britain. So, it is acknow∣ledged by every man, that those words Gesum a Javelin, Trimarcia Three Horses, Essedum a Chariot, Petoritum a Wagon of four Wheels, Braccae Breeches, and others of that kinde, borrowed either from the Gauls or Britains, and received by the Ro∣mans into their own Language, do sufficiently set forth the use of those things which they signifie either in Gaul or Britain. Moreover also, Vegetius in this place so join's together the manner of guarding the Sea and the subtile sleights they made use of for that purpose, that there is no reason at all why wee should not believ, that they were then used by the British Souldiers which served at Sea, or who had com∣mand over the small Vessels called Pyctae or Picatae in those Guards by Sea.

An Examination of the Opinion of som learned men, who would have the Saxon Shore, from whence that Count or Com∣mander of the Sea throughout Britain had his Title, to bee the British Shore on this side of the Sea; which is plainly proved to bee fals. CHAP. VII.

BUt truly certain learned men, either treating (as it often fall's out) of som other subject, or els beeing too careless in considering the matter, do otherwise interpret that Dignitie or Command of the Count of the Saxon Shore throughout Britain; And in such a manner, that if their determination were to bee admitted, the proof or testimonie before-alleged touching a Joint-Dominion of the Sea together with the Isle, in that Command under the Romans, would plainly fall to the Ground. These men are of two diffe∣rent Opinions. Som would have the Shore of Britain it self or that which is on this side the Sea, to bee called onely the Saxon, in the naming of this Dignitie or Command: Others would have it to bee both the Shore of Britain, and all that Shore also which ••etche's a compass like a half Moon from the Western part of Denmark as far as the West of France, and lie's over against Britain. But truly, they are both ex∣tremely mistaken.

The Autor of the former opinion is Guidus a 1.102 Panci∣rollus, who write's that the Shore or Limit within

the Island was so denominated from those Saxons, who were called in hither by Vortigern King of the South part of Britain, to his assistance. The Saxons (saith hee) possessed part of the Island, from whence a limit or bound that was rear'd over against them by one that was made Count, was called Saxon. Then which nothing could have been more ignorantly spoken, if you re∣flect either upon the thing it self, or the cours of times. For, omitting this, that in the Breviarie of Dignities it self no mention is made at all of a Saxon Bound or Limit, but of a Shore (notwithstanding that Pancirollus in the Inscription of his Commentarie entitle's the Commander that wee speak of, Count of the Saxon Limit throughout Britain) the Breviarie was written in the Reign of Theodosius the yonger, or in the year CCCCX, as learned men do commonly agree. That is to say, of that time, the frame of the whole Government of the Empire, both in the East and West, having been over-grown long be∣fore, was with very great diligence digested as it were into one entire Book of Offices and Dignities. But the Saxons, as most of the Antients tell us, came first into Britain in the year of our Lord CCCCXLIX. But suppose, what upon better consideration may perhaps bee allowed, that their arrival ought to bee reckoned in the b 1.103 year CCCCXXVIII. that is in the XXI year of the Reign of Theodosius the yonger, yet in the mean time this is most certain (which is here in the first place to bee observed) that Britain was utterly abandoned by the Roman Governors, be∣fore they were called in. Doubtless they were as c 1.104 Gildas write's brought in by King Vortigern to drive back the Northern Nations, the Picts, and Scots; not the Romans, who had bidden farwel to the Island. Nei∣ther

had tho Romans or their Dukes or Counts any thing at all to do within the Isle with the Saxons. So that it must needs bee gross ignorance in Histories, and in the Calculation of time, to set down any Saxon Limit or Saxon Shore in the Island it self, whilst the Roman Empire flourished, or had any kinde of Autoritie in this Countrie. No∣thing therefore is more evident then that the Shore lying on the other side of the Sea over against the South and Eastern Coast of Britain, as wee described it before, was called the Saxon in that Dignitie or Command. Moreover also that Count of the Saxon Shore throughout Britain was far more antient, and known by an addition thereto of the Sea Coast or of that Sea which was comprehended in the Roman jurisdiction throughout Britain, or in the bodie of the British Province. For, Nectaridius was invested with this Dignitie in the time of Valentinian the first, or about the year of our Lord CCCLXX; as is testified by d 1.105 Ammianus Marcellinus, where hee saith, information was given by a Messenger, that Britain was reduced to an extreme low condition by a barbarous Conspiracie; and that Nectaridius Count of the Sea-Coast, and Buchobaudes the Duke were surprized unawares by the craft of the Ene∣my. Nor is any difference to bee imagined between the Dignitie of the Count of the Saxon Shore, in this sens, throughout Britain, and that which the fore-named C. Carausius received at Boloigne in France, to scour the Sea along the Coast of * 1.106 Belgica and Bretaigne, which (as Eutropius and Orosius say) was infested by the French and Saxons. For, that even hee also had places of strength and Mansion-houses belonging to his Government in Britain, appear's sufficiently upon this ground; that when Maximianus had given order to

put him to death, hee immediately usurp't in Bri∣tain, and reigned after for the space of seven years. So, the Governor here or Count of the Sea-Coast, and the Count of the Saxon Shore, beeing ever accounted the same, held the sole Government of Britain and the Sea belonging thereto. To whom also wee may add, as differing onely in name, not really, the Prefect or Admiral of the British Navie, under the Romans, mentioned in the former chapter. Wee confess in∣deed, that the Duke of Belgica secunda and the Duke of the Countrie of Aremorica before-mentioned, was by the verie nature of his place to afford supplies for the guarding the Sea and this Shore beyond Sea: For, they also, as hath been observed, had Garrisons seated upon this Saxon Shore. But it is chiefly to bee observed here, that these beyond-Sea-Dukes were according to the nature of their Dignitie or Office to take care, not so much of the Shore or Sea, as the Continent; and that from thence, as you see, they took their names. This from the Tract of * 1.107 Aremo∣rica and * 1.108 Ebroicae; which beeing extended through five Provinces, Aquitania prima and secunda, Senonia, Lugdunensis secunda and Tertia (which comprehend's the lesser Britain and Normandie) conteined almost all that which was commonly called by the name of Gallia; But the other had its name from Belgica se∣cunda. Nor was there one Count or Duke of the Midland Countrie, and another of the Shore or Sea-Coast in Gaul. But in Britain, the Counts or Dukes of the midland parts and the Count of the Sea-Coast or Saxon Shore, had distinct charges, distinct Forces, and the signal Ornaments of their Offices wholly distinct. Just as if the Roman Emperors would have it signified by this very thing, that as the Sea it

self did by particular Right alwaies belong unto the Empire of the Island, so the Sea-affairs and their protection to the British Command and Juris∣diction of the Saxon Shore or that beyond-Sea; but that both the Dukes of the Continent or main Land of Gaul lying right before it, were bound so to send relief, as occasion should require, against the Saxon Invasions, that in the mean time the sole care of the sea it self, as a particular Province given in charge, lay upon him that was made Count of the Saxon shore throughout Britain. And if any Duke or Count ei∣ther of Aremorica or Belgica secunda, was called by the name of Duke or Count of the Saxon shore (as e 1.109 som would have) it was don doutless upon this ground, becaus the Saxon shore, lying over against us on the other side of the sea, did bound their Land-Go∣vernment; as it did also the Sea-Jurisdiction of the aforesaid Count throughout Britain.

Nor indeed is that other Opinion any more to bee admitted, which saith; That our British shore was at that time called Saxon, as well as that which lie's over against it or beyond sea: And so that the name in the Dignitie or Office of the aforesaid Count, doth signifie the shore on this side the sea. Of this Opi∣nion is f 1.110 Abrahamus Ortelius; I conceiv, saith hee, that the Saxon shore, in the Breviarie, doth signifie the Eastern part of Kent, seeing that Dubris, Rutupis, and other Towns of Kent are described therein. Hee hath indeed very eminent men for his Followers, g 1.111 William Cam∣den, h 1.112 Paulus Merula, i 1.113 Philippus Cluverius, and som others. And they add this for a reason; becaus both shores, as well this on this side the sea, as that on the other side, took name from the Saxons that used Piracie in very great numbers upon this sea: And therefore that

the British shore also is set forth in the Title of that Count. But this is a manifest Error. Wee know indeed the Writers of that time do say, that both the shore over against ours and the neighboring Sea, was infested by the frequent depredations and Inva∣sions of the Saxons, and (to say nothing of their antient habitations upon the Danish and Batavian shore) that they setled their abode there: And therefore that it was thence named Saxon, is in a manner out of doubt among learned men. But concerning the Saxons thus frequenting that shore, there are testimonies be∣yond all exception. k 1.114 Sidonius Apollinaris, of the Coast of Bretaign in France, saith,

Quin & Aremoricus piratam Saxona tractus Sperabat.—

—hope then reviv'd the Bretaigns stout, The Saxon Pirates beeing driven out.

And l 1.115 Ammianus Marcellinus saith, that under the Em∣perors Valentinian and Valens, the Coasts of Gallia were wasted by the Franks and Saxons bordering upon them, every one making excursions as far as they could by Land or Sea, with grievous plunderings, firings, and slaughters of such as they took Prisoners. Add moreover, that Saxones Baiocassini, the Saxons of Baieux are mentioned by m 1.116 Gregorie of Tours, as antient Inhabi∣tants upon the shore of Aremorica: So that the reason is evident, why the name of Saxon was given to the shore over against ours. But truly wee read not any where, that the Saxons had at that time either setled themselvs upon the shores of Britain, or were wont to sail thither, or that they infested any thing of Britain, except the Sea. Nor do wee finde so much

as the least sign or evidence, whereby to conjecture that the name of Saxon was either due or given at that time to the shore of Britain. And it was never heard (I suppose) that any shores, which have been of any ac∣count or fame, should have taken a new name either from a meer passage, or a bare infesting of the Sea by such as sail along the Coast, without landing. Especially, in the setting forth of a Dignitie or Com∣mand, which cannot bee don, except an addition bee made in the mean time of the name of the Land, whereto the shore it self did indeed belong. Run over all the Dignities which are recorded in the Bre∣viarie of both Empires, you will finde none set forth by any other denomination, then either from a Bound or Frontier it self, as those that were appointed for the defence of Bounds and Frontiers; or els from a more known and certain name of some Province, as the rest. Wee know indeed, there was a Haven among the * 1.117 Morini, which lay over against us on the other side of the Sea, called heretofore British, or, as n 1.118 Plinie name's it, Portum Morinorum Britannicum the British Port of the Morini: which name o 1.119 learned men would have to bee derived from our Britain. But (supposing it to bee Calais) they would have it so denominated becaus of Julius Caesar's crossing over from that Port into Britain. Now, it doth not ap∣pear by the like, or any equivalent reason, that the shore, which belong's to Britain, was called Saxon, in the time of that Dignitie whereof wee speak. And doubtless, there is no improbabilitie in reason, that the British Port of the Morini, might in the daies of Plinie, or of the Emperor Vespasian (which is all one) bee denominated from the riding of such Ships as were imploied under the Romans to guard the neigh∣boring

Sea, so far as it was British, and subject to the Lievtenancie or Jurisdiction of Britain. But truly if the very shore of the Island had been meant in the Dignitie of that Count, whereof wee speak, whose Of∣fice was to guard the Bounds, how compendiously might hee have been called Count of the British shore? For, what ground had there been for so singular a cir∣cumlocution of words, as Count of the Saxon shore throughout Britain, if it had been the very shore of Britain? It is plain, that as in the Imperial Offices there was an Officer called Magister Militum per Orientem, Magister Militum per Thracias, per Illyricum, peditum per Oc∣cidentem; a Master ▪or Commander) of the Militia throughout the East, a Master of the Militia over all Thrace, Illyricum, and of the Jnfantrie or Foot throughout the West; ••o also that this Officer was called Count throughout Britain. That is to say, every where throughout Britain, so far as it belonged to his particular charge, that is, as far as was necessarie to guard the bounds of the Empire, placed next to the Saxon shore, or that which is on the other side of the Sea. And so the words, whereby this Dignitie is expressed, are to bee distinguished that hee may bee plainly called Count throughout Britain; but of the Saxon shore, or Bound beyond-Sea, upon the same account as other Dukes or Counts in Command over Bounds or Frontiers were wont to bee entitled. And there is an eminent example to this purpose in the Bound of the German Empire, which was held by the Romans. It was the River Rhine. The Guard of the Rhine was wont to bee com∣mitted to a Lievtenant or Governor; as appear's by p 1.120 Historians, and out of q 1.121 the Code of Theodosius. But yet the Bank on the other side of Rhine was the bound

of this Government, and so of the German Empire, not the Bank on this side. From whence also Posthianius beeing entrusted with this charge under the Emperor Gallienus, is by the Emperor Valerian, in an Epistle of his sent unto the French, called Duke of the Bound beyond Rhine; as wee learn out of r 1.122 Trebellius Pollio. Also, the Bound beyond Rhine, that is, the Bank be∣yond the Rhine is recorded by s 1.123 Flavius Vopis••us. Thus, usually the Proconsul of Asia had the whole streight of Hellespont under his Command as far as the shores of Europe, as is shewn in the fourteenth chapter. And certainly, the Count of the Saxon shore throughoue Bri∣tain, is after the same manner to bee reckoned Count of the shore or bound on the other side of the Sea, and so of the whole Sea flowing between, as an established Officer in the Government of Britain. And this also is very much confirm'd out of another place of the very Breviarie of Dignities, where mention is made of the several Jurisdictions of those Counts which were under the Command of that eminent person entitled Magister Militum Praesentalis. In the printed Copies of the Breviarie, wee read it thus;

Sub dispositione viri illustris Magistri peditum Praesentalis, Comites Militum infrà-scripto∣rum;

• Italiae,
• Africae,
• Tingitaniae,
• Tractûs Argentoratensis,
• Britanniarum,
• Litoris Saxonici per Britannias.

In the Edition both of Alciatus and Pancirollus, it is read, as wee render it here, Militum infrascriptorum. Yet doubless the word Limitum Limits ought to bee put in stead of Militum Souldiers: For it is not agreeable to the nature of the Imperial Offices, that the word Militum should bee admitted in that place. And it appear's most certain by those things which follow, that Italie, Africa, the Tract of Strasburgh, Britain, and the Saxon Shore, had their respective Counts, as Comites Limitum Counts of the Limits or Bounds, no otherwise than those Territories which are added there next after; as Mauritania Caesariensis, Tripolis, and other Provinces in like manner, besides Britain, which had their re∣spective Dukes likewise, by the name of Duces Limi∣tum Dukes of the Limits. But now both the Duke and Count of Britain had the very Shore of the Island for their Limit or Bound. And therefore seeing it is so, what Limit had that Count relation to, was who entitled of the Saxon Shore throughout Britain, if you will not yield that hee took his Title from the Shore lying over against us? There was a Duke, and a Count of Britain (simply so called) besides a Vicarius or Deputie of Britain, who governed the whole Island according to their several charges; and wee finde in the Breviarie, that both the Duke and the Count and the Deputie had for the signal Orna∣ments of their Offices, the whole Island, but in several Forms, encompassed with the Sea; even as the Count of the Saxon Shore had the Isle in like manner, encompassed with Sea-Towns or Ports. Al∣so, it is manifest by those which are set forth in the Breviarie of Dignities, that the Deputie, Duke, and Count of Britain had the very Territories of the Isle for the

Limits of their Government, and so also that they ex∣tended themselvs to the very Shores every where throughout the Jurisdiction of the Romans. So that also both the Duke and Count of Britain ought to have been entitled in like manner from the Saxon Shore as from a Limit or Bound, if the Shore of Britain had been called by this name at that time. For, wee plainly see, that the Islands of Britain themselvs, so far as the Isles about it are comprehended under that name, are expressly described under the notion of Limits, in that Catologue of Dignities relating to Limits, which wee have cited out of the Breviarie. Therefore from hence also it appear's, that Limit which was the Saxon Shore is to bee reckoned without the Island, and so in the Shore over against us or which lie's beyond Sea, according to that which wee proved before in our Discours. Nor truly, is it to bee passed over without observation, seeing there are very many signal Ornaments of Sea-Provinces and Jurisdictions, as well as of those within Land, pictured in the Breviarie, and this according to the Form or Fashion received from those that had the supreme power, by the principal Secretaries or others who drew up the Com∣missions; That not only no Ornaments at all are found in the Dignities of the West, wherein there is any Tract of the Sea, except those which belong to the Government of Jurisdiction of Britain, nor indeed in the Dignities of the East, except the Counts of Egypt and Isauria (both whose Ornaments had a Sea-bor∣der about them;) but also that the Sea was ever placed round about in the signal Ornaments belonging to the four several Governments or Jurisdictions of Britain, that is to say, that of the Deputie, the Duke, the Count, and lastly, the Count of the Saxon Shore through∣out

Britain. Just as if the Romans would have had it signified thereby, that no other Province at all, nor any other Jurisdiction whatsoëver had either a Do∣minion of the Sea so amply conjoined, mingled, and as it were incorporated within it self, or a protection and command of a Territorie by Sea.

Som Evidences concerning the Soveraigntie and inseparable Dominion of the Isle of Britain and the Sea belonging there∣to, out of Claudian, and certain Coins of the Emperor Antoninus Pius. CHAP. VIII.

FRom the Dominion of the British Sea, as bee∣ing continually united to the Island, or an inse∣parable concomitant thereof (as hath been al∣readie shewn you) proceeded, as it is very probable, those passages of Claudian, who seldom speak's of the quieting, recovering, or subduing of Britain, but hee add's also the Sea it self, as that which did necessarily accompanie it. Speaking in honor of the Emperor Honorius, touching the original of his Family, which was out of Spain, he saith,

—a 1.124 Cunabula fovit Oceanus. Terrae dominos pelagique futuros Immenso decuit rerum de Principe nasci. Hinc processit avus.—

The Ocean rock't his Cradle. It became Those who as Lords both Sea and Land should claim,

Of nature's mightie Prince deriv'd to bee. From hence thy Grandsire had his pedegree.

That is to say, Theodosius, who after that Nectaridius Count of the Saxon Shore, as is before related, and Bucho∣baudes Duke of the Island, were slain, was sent into Britain by the Emperor Valentinian the first. But that which Claudian saith, concerning the affairs and acti∣ons of this Theodosius, relate's very little to the Sea, save that hee call's him Conquerer of the British Shore, and adds that having vanquished the Saxon's, hee washed the Orcades with their Bloud. Which is plainly to bee understood of his scouring the British Sea that was wont to bee infested by the Saxons. A little after also, concerning Theodosius the son of this man, or the Father of Honorius, that is, the Emperor Theodosius the first, hee saith,

Sed laudes genitor longè transgressus avitas Subdidit Oceanum sceptris.—

His Father did his Grandsir's worth tran∣scend▪ And brought the Ocean under his command.

Which without question relate's to the recoverie of Britain, after the slaughter of Maximus at Aquileia, who had tyrannically usurped the Soveraigntie of the Island. The same Autor writing also in com∣mendation of Flavius Stilico Tutor or Guardian of Honorius the yonger, bring's in Britain her self saying, Stilico hath so fortified and secured mee,

—b 1.125 ne Litore toto Prospicerem dubiis venturum Saxona ventis,

I could not see throughout the Shore, or stand One Saxon readie to cross or'e and land.

That is to say; hee rendred the Sea quiet and secure for mee, hee hath guarded and kept it for mee; hee hath driven away the Saxons from the use of it. In another place also, hee bring's in the Goddess Pietie speaking to Honorius,

—c 1.126 Quantum, te principe, possim, Non longinqua docent: domito quòd Saxone Tethys Mitior, aut fracto secura Britannia Picto.

What progress I may make, during thy Reign, Some late examples tell us; since the Main, The Saxon beeing tam'd, is grown more sure, And Britain from the conquer'd Picts secure.

The Protection of the Sea is in this place plainly con∣joined with that of the Island. The same Poët also, to Manlius Theodorus the Consul, saith,

—Hispana tibi Germanáque Tethys Paruit, & nostro diducta Britannia mundo.

Spanish and German Seas both yield to thee, And Britain sever'd from our world by Sea.

There was the same Dominion, the same Victorie, and the same Guardianship or Protection alwaies both of the British Tethys, or Sea, and the Isle it self. For, the German Tethys in this place is that part of the British Sea which flow's between Belgium, Holland, Frisland, the Jutae, and Britain.

And hereunto the form of the Province (which un∣der the more antient. Emperors was governed by a President)

as it is found among the Roman Coins. It is re∣presented in the Figure of a woman, clothed with a Pall or linen frock, sitting somtimes upon rocks, somtimes upon a Globe in the Sea, with a Militarie Ensign, a Spear, and a Buckler; as you have here pictured according the brass-Coins of Antoninus Pius.

[illustration]

Thus they signified, that Britain had Dominion over the Sea about it, and the Roman Emperor over Britain. But we finde not any form of this kinde before the time of Seius Saturninus, the first Prefect (whereof any mention is made by the Anti∣ents) or Commander in chief of the British Navie, or of those Naval Forces, wherewith the Romans guard∣ed the British Sea. Hee held this Command under Adrian, or Antoni∣nus Pius, as hath been said alreadie. And from hence it is that Claudian af∣terwards, when hee make's a Repre∣sentation of Britain (beeing in a spe∣cial manner, called the Isle of the Sea) hee clothe's her with a leathern garment so made as it were like waves of water, and died of a blewish color, that it wholly re∣sembled the waves of the Sea; and hee put's the Sea under her feet. Thus hee indeed describe's her, when hee bring's in several Provinces, as Spain, Britain, and Africa demanding the Consulship for Stilico at Rome. And hee mention's Britain in a peculiar manner.

[illustration]

d 1.127 Indè Caledonio velata Britannia Monstro, Ferro picta genas; cujus vestigia verrit Caerulus, Oceanique aestum mentitur amictus. Me quoque vicinis pereuntem gentibus, inquit, Munivit Stilico; totam cùm Scotus Hibernam Movit, & infesto spumavit remige Tethys.

In monstrous habit Caledonian-wise Then Britain came; her cheeks had a dis∣guis Of divers colors, which, to pleas the view, In various forms an Iron Pencil drew; Just at her heels the Sea it self did glide, Her Mantle mock▪t the working of the Tide. Mee and my Neighbors Stilico did save, Quoth shee, and bravely rescue from the grave; When as the Scot mov'd Ireland to rebel, And Pirates made great * 1.128 Tethys foam and swell.

A little before, there hee set's forth the hair of Spain with leavs of the Palm-tree, and her mantle imbroider'd with the River Tagus; And Africa with ears of Corn and Ivorie, after the same manner as it was stampt in the Coins of Antoninus Pius. Both these are washed, and almost encompassed by the Sea. But the Poët then understood, 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 Spain; as the ears of Corn and Ivo∣rie to Africa; so hee would have it understood, that the Province of Britain had the Sea of the same name peculiar thereunto. But yet it is to bee conceived,

that the Dominion of the Romans was so limited in this Sea, according to their possession of the shore, that they had little power in that part of the British Sea, which border'd upon the shores of those Bri∣tish Nations, who were not under their obedience: This is to bee taken chiefly of the Irish Sea, and the rest that lie's North-west. For when the Romane Empire began to decline, not onely Ireland, but the Isle of Man also, and the other Isles of the Western Sea, and a great portion of the more Northerly part of Britain, was possessed by the Scots and Picts; so that wee have sufficient ground to conceiv, that they also had an antient Dominion of their own in the neighboring Sea. And so let this serv to have been spoken concerning the Empire or Dominion of the British Sea, in the time of the Romans, as that which by antient Right no less belong'd to the Isle and the Empire thereof, then either a Wall or Suburbs unto a Citie. Now wee pass on to the times of their Successors.

Touching the Dominion of the British Sea, after that the Inhabitants had freed themselvs from the Romane power. CHAP. IX.

WHen the Romane Empire was declining under the Emperors Theo••os••us the yonger, and Honorius, and Valentinian the third, inso∣much that they had not Forces sufficient to guard the Citie it self, then the Britains freed themselvs

wholly from their Power, about CCCCLXXX. years after the arrival of Julius Caesar, or in the year of our Lord CCCCXXX. That is to say, as a 1.129 Zo∣simus write's, They cast off the Roman Government, and settled a Common weal after their own liking. Then the Dominion of the Sea, as well as of that part of the Isle which was possest before by the Romans, return∣ed unto the Natives. In the mean time, the Saxons in∣habiting the shore over against us, hanker'd after it, who beeing a people extremely given to Piracie, the Romans were wont to appoint an Officer to drive them away, called the Count of the Saxon shore through∣out Britain, as hath been shewn at large alreadie. Nevertheless beeing sent for by the Southern Britains destitute of all manner of succor from the Romans, to assist them against the Scots and Picts, they at length got the whole Power here into their own hands. And so in that famous Heptarchie of theirs, the Kingdom was ever accounted of in such a manner, that even before the time of King Egbert, it was un∣der the Power of som one King, which all the rest acknowledged as Supreme. These were driven out by the Danes; but questionless, they both had a Do∣minion by Sea conjoined with that upon Land. For it is not to bee imagined, that they who were so ac∣customed to the Sea, and to whom before that time

—b 1.130 pelle salum sulcare Britannum Ludus, & assuto glaucum mare findere lembo;

It was a sport to cut the British Main In Leathern Barks, and plow the azure plain.

And whose Rowers or Mariners had you beheld, you would

have thought you had seen so many Arch-Pirats, as c 1.131 Sido∣nius Apo••tinaris saith of the Saxons; And who did not onely know, but were familiarly acquainted with the dangers of the Sea; The very same thing is to bee said of the Danes also and Normans, (for, these names beeing prom••scuously used, do very often signifie the same Nation) as is sufficiently attested by Regino, Dudo, the Monk of Malmsburie, Abbo, Gemiticensis, and others; It is not, I say, to bee imagined, that these people ha∣ving gotten possession either of the Isle or shore, to which the Soveraigntie of the Sea did so neerly ap∣pertein, should not in like manner have possessed the Sea, also lying before it, by right of Dominion. Nor is it perhaps altogether unworthie to bee con∣sidered, that these Saxons had so great, so singular and admirable an acquaintance with the Sea and Sea∣affairs, that by an exquisite observation of the Tides and * 1.132 Ebbings of the Sea, they were wont to reckon their months and years, yea, and to frame Computa∣tions of years thereby. A thing not to bee parallel'd by any example. And as the more antient Husband∣men used to reckon daies and hours by the time of yoking their Oxen; and as most other Nations mea∣sured years and daies by the cours of the Sun and Moon, (as things most to bee regarded before others, in the improvement and various use of those Lands that they possessed): so these alone distinguished their yearly and monthly periods, by the meer reciprocal motion of the Sea, which they were so well acquain∣ted with, and by its various beating upon the shore in Ebbing and Flowing, as that whereof special no∣tice was to bee taken in that kinde of life. More∣over, as they say the Egyptians derived their skill in Geometrie from the measuring of their Fields, after the

Inundation of their River Nilus; so it is not to bee doubted, but that our Saxons derived this strange ar∣tifice, never heard of in any other Countrie, from a very frequent use and perpetual observation of the Sea. Concerning which, hee that would know more, may peruse our venerable d 1.133 Bede first, and after him e 1.134 Joseph Scaliger, f 1.135 Dionysius Petavius, and Olaus g 1.136 Wormius. But that the whole Nation was very much accustomed to Sea-affairs, and not onely those that border'd upon the Sea, may bee collected from thence, that otherwise it would hardly bee believed, that the Nation it self could have kept an accompt of Times and Seasons, by the various cours of the Sea: For it could not possibly bee, but that such an accompt would have been either useless, or too difficult for those that were not used to the Sea. Yea, without doubt it was no small caus of their calling the Saxons into the Island, that they beeing most expert Sea-men, might guard the Sea, which having been newly de∣serted by the Roman Navie, lay open at that time to the Invasions of Enemies on every side. Thus much indeed seem's to bee signified by h 1.137 Ethelwerd an anti∣ent Writer, speaking of their coming hither. In those daies, (saith hee) the Britains heard that the Saxon was a Nation active in Piracie or Navigation, and strong in all kindes of Necessaries for warr, throughout all the Sea-Coast from the River Rhine, as far as the Citie Donia, which is now commonly called Danemare. To them therefore they sent Messengers with extraordinarie great Presents, desiring aid, promising them a peaceable intercours and amitie. Thus they that were wont before to infest the British Sea, are invited to its protection and amitie. And truly, that the Britains had a very special care at that time of the Sea-affairs, and so of the Guardianship of their

Sea, appear's from thence; that in the storie of Bri∣tain, wee read concerning the most famous King Ar∣thur and Prince Malgo, that by many bloudie Battels they either added or recover'd six Comprovincial Isles of the Sea, (which are the very words of Geofferie of Mon∣mouth) that is to say, Ireland, and Shetland, Gotland, the Orcades, Norwey, and * 1.138 Dacia, to their Dominion; yea, and Groenland, and all the other Countries and Islands of the Eastern Sea as far as Russia, and many other Islands beyond i 1.139 Scantia, even to the farthest part of the North. And that which wee finde in Nennius the Scholar of k 1.140 Elvodugus, is to bee understood of this time, to wit, that Cuneda the Grandfather of Magolcunus a Prince of the Southern Britains, drave the Scots out of all the Countries and Islands of Britain. Certainly, for the effecting of this, it was necessarie there should bee a very great strength in shipping, for the guard and securitie of the neighboring Sea.

It is proved, both from the very beginning of the Saxons Reign, as also from their Forces and Victories by Sea, that the Eng∣lish-Saxons, and Danes, who ruled the South-part of Britain, had Dominion over the Sea. CHAP. X.

BEsides what hath been alreadie said of the Sax∣ons, during their Reign here, there are also in antient Records divers other particulars, which more plainly shew, that both they and the Danes had

Dominion over the Sea, whilst they reigned in Bri∣tain. Those particulars I divide into four parts: The first respect's the Original of the most Potent Kingdom of the Saxons. The second, the Naval Forces and Victories of the following time. The third, the Tributes and Duties of fiduciarie Clients or Vassals belonging to the mainte∣nance of the Navie. Lastly, several plain and most evi∣dent testimonies concerning the Soveraigntie of the English-Saxon Kings at that time over the Sea.

In the first beginning of the Reign of the English-Saxons, I reckon both the coming of Octha and Ebissa, invited hither by Vortigern upon the perswasion of Hengist, as also the arrival of King AElla in Sussex. Hee possessed himself of the Sea, and the Southern shores; they of the Northern. Concerning the Naval Forces of Octha and Ebissa, a 1.141 Nennius the Scholar of El. vodugus, who usually passeth up and down also by the name of Gildas, speak's thus; They sailing about the Picts, with fortie Vessels, called * 1.142 Ciulae, spoiled the Or∣cade's Islands, and came and possessed very many Isles and Regions beyond Mare ••resicum, (meaning Bodotria or the Firth of Edinburgh) which lie's between us and the Scots, e∣ven as far as the Borders of the Picts. And Hengist by degrees drew those Ciulae to himself, so that they forsook the Isles which they inhabited. It could hardly bee more plainly expressed, that the Nation beeing accustomed to the Affairs of Navigation and Wars by Sea, ha∣ving thus gotten a great part of Britain, did first se∣cure that inseparable Appendant of the Island or the Sea; having brought over a numerous Force, for the accomplishment of this design. As to what concern's AElla, they write, that hee with his sons Cissa and Ci∣menus, and a Navie very well appointed with Mi∣litarie Forces, arrived upon the shore of Sussex,

neer Witering, b 1.143 Cimenshore, so called heretofore from this Cimenus; and that having driven away the Britains, hee possessed the c 1.144 Sea-Coast; and sending daily for new Aids out of Germanie, hee at length en∣larged his Kingdom along the Eastern shores, as far as the River Humber, and was the first of the English Saxons that attained here to so large a Dominion. Al∣so, that his posteritie enjoied this Kingdom about LXX years. But truly it could hardly bee, that they who were eminently powerfull in shipping, and had made so happie a Progress upon the shore, should not in like manner bee Masters of the Sea it self; especially seeing wee finde not the least testimonie that any others were at that time, of any considera∣ble strength in shipping upon this Coast.

But as for the Naval Forces and Victories of the suc∣ceeding Kings, both Danes and English-Saxons, they are to bee seen every where in Joannes Asserius Bishop of Shirburn, William the Monk of Malmsburie, Henrie Arch-Deacon of Huntingdon, Roger Hoveden, Florentius of Worcester, and Florilegus; but especially in the Acts of K. Alfred, Edward the elder, Athelstan, Edgar, Ethelred and Ha∣rold. And questionless, long after the beginning of the Saxons Reign, this Countrie flourisht not a little in ship∣ping, for the mainteining of the Soveraigntie of the Sea, as may bee collected both from the Customs of the Nation alreadie mentioned, and the frequent use of Navigation, from which the Merchants that used to traffick on both the shores were prohibited, upon the occasion of a difference that arose betwixt Charls of France, (afterwards Emperor) and O••••a King of the Mercians among the English-Saxons, to whom the rest were in subjection. Yet a freedom thereof was restored not long after, by an agreement of extra∣ordinarie

benefit and advantage to the English-Saxon, as wee finde in d 1.145 Alcuinus, and William of Malmsburie. But before K. Alfred, their power began to decreas by Sea, and that especially in the time of K. Ethelwolph, when the e 1.146 Danes or Normans infested not onely the shores, but also almost the whole Island, after a most grievous manner, and seized upon most of the Isles by force, which lie on the west of Britain. And so all was exposed to the mercie of Pirats. But after that Alfred was invested in the Kingdom, the defence of the Sea was restored, and its Dominion establish∣ed; concerning whom, that Asserius Bishop of Shir∣burn, his Tutor, write's thus: Hee gave command for the building of Boats and Gallies, that is, long ships through, out the Kingdom, that hee might prevent his enemies, and fight them by Sea, and putting Pirats aboard them, hee char∣ged them to guard the passages of th Sea. And a little af∣ter, Hee commanded also his Sea-men, to keep all relief of Vi∣ctual from going to the Enemie by Sea. Hee used the word Pirats in this place (as others of that age have don) not for Robbers, as 'tis commonly taken; but for such as beeing skill'd in Sea-affairs, were appoint∣ed to set upon the Enemie's Fleets, and defend the Dominion by Sea: Touching the derivation of the word, the old Scholiast upon Sophocles his Aiax, saith; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, That is, Pira, in the Attick Tongue, signifie's craft or art, and hence it is, that they are called Pi∣rats which infest the Sea. But when the English-Saxons and Danes, in the time of K. Alfred, were ever and anon strugling for the Soveraigntie in England (for, Gurmundus, or Guthrunus King of the Danes, was at that time setled in Northumberland as a Fiduciarie Client or Vassal to Alfred, and had very large Territories in the

East-part of England) their Fights were mostly by Sea, as if they had both been of opinion, that hee which could get the Dominion of the British Sea, would by necessarie consequence becom Lord also of the Land, or of that part of the Isle which lie's be∣fore it. For this caus also it was, that the Danes growing strong at Sea, K. Alfred mightily augmented his Naval Forces, by building ships twice as long as the Danish ships, deeper, nimbler, and less rocking or rolling, and so much more convenient for Sea-Fights. Florentius the Monk saith, In the same year (that is to say, the year of our Lord MCCCXCVII.) the Forces of the Pagans residing in East-England and Nor∣thumberland, using Piracie upon the Sea-Coasts, did grie∣vously infest the West-Saxon's Countrie, with very long and nimble ships, which they had built divers years before. A∣gainst whom ships were built by the Command of K. Al∣fred, twice as long, deeper, nimbler, and less waving or rol∣ling by whose force hee might subdue the aforesaid ships of the Enemie. It is related also in the same words by Roger Hoveden. But Henrie of Huntingdon, speaking expresly of the number of Oars that served for the rowing of these ships of Alfred, saith, King Alfred caused long ships to bee made readie; to wit, of 40 Oars or more, against the Danish ships. But there are f 1.147 Chroni∣cles written in the Saxon Tongue, that speak of ships of 60 Oars, and larger, built by him at that time; out of which these Writers above-mentioned, and o∣thers of the like sort, have compiled theirs. The words of the Chronicles are these, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, That is to say, King Alfred gave command for the build∣ing of long ships to encounter the Danish. But they were twice as long as these; whereof som had sixtie Oars, som more. They were also more nimble, less rolling, and deeper then the other. Not built after the Frisian or Da∣nish manner; but such as hee conceived most convenient for fighting. So that there is no doubt but the busi∣ness of shipping was mightily advanced in his Reign, among the English-Saxons, in order to the defence and maintenance of their Dominion by Sea. And wee very often finde, that those Sea fights managed by Alfred and his son Edward, with various success, a∣gainst the Danes, and Normans, were undertaken not without great numbers of Shipping. But in the time of King Athelstan, who was very strong at Sea, upon the Irish Nation (saith g 1.148 Huntingdon) and those that dwelt in ships, there fell a fatal destruction. The English-Saxon words in the antient Chronicles, from whence Huntingdon translated those, and which agree w^th these, are, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which fully signifie the same thing. For, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or the Scotish Nation and Scots are by the Antients often taken for the Irish. Hee also (saith the same Autor) led an huge Armie by Land and Sea into Northumberland and Scotland, and in regard there was none appear'd to make any opposition, bee marched up and down the Countrie, and wasting it at pleasure, returned with Triumph; whereupon saith a h 1.149 Poët of that time,

Jam cubat in terris fera barbaries Aquilonis; Jam jacet in campo, pelago, pirata, relicto, Illicitas torvásque minas Analavus anhelans.

Now is the wilde and barb'rous North brought down; Now Analave, the Pirat, is o'rethrown, Who having left the Sea, on Land doth lie, And spightful threats breath's out against the Skie.

This Analavus was King of the i 1.150 Irish, and of ma∣ny Islands, who invading the Coasts of Athelstan with a Fleet of DCXV ships, at the mouth of the River Humber, received a great overthrow, and was put to a most shameful Flight. But King Edgar (as saith k 1.151 Florentius of Worcester) sailing about the North of Britain with a great Navie, arrived at Chester, where his eight pettie Kings met him, as hee had given order, who sware feal∣tie to him, and that they would assist him both by Sea and Land. Or, as l 1.152 Huntingdon saith of the same thing, they all did homage to him, declaring themselvs readie at his command to serv him by Sea and Land. Among these pettie Kings there was one Maccusius, whom Hoveden and Florentius call a King of very many Islands; and Florilegus, a King of Man, and very many Islands. William of Malmsburie call's him an Arch Pirat, More∣over, the same King Edgar, as if hee intended to set forth the splendor, magnificence, and as it were an E∣pitome of his whole Empire in Sea-affairs and Ship∣ping, did (as say Florentius and Hoveden, during his abode at Chester) enter into a Boat, wherein hee was rowed by those pettie Kings, himself holding the Stern, and steering it about the River Dee; and beeing attended by all his Dukes and Peers in such another Vessel, bee sailed from the Palace to the Monasterie of S. John Baptist, where an Oration beeing made to him, hee returned in the same pomp unto the Palace.

In the very Entrie whereof hee is reported to have said to his Lords, that then his Successors might boast themselvs Kings of England, when they should bee thus attended by so many Kings, and enjoy the state and glory of such honors; or, as Malmsburie write's of the same thing, when they should en∣joy so great a Prerogative of honors: So many Kings as Vassals, to bee readie alwaies to assist with their For∣ces, whensoëver they should bee required, both by Sea and Land. There is also a notable testimonie in the same Florentius, and the Monk of Malmsburie, how that this King sailed round about his Sea every year, and secured it with a constant Guard and Forces. Every Summer, saith Malmsburie, immediately after Easter, bee com∣manded his ships upon every shore to bee brought into a Bodie, sailing usually with the Eastern Fleet to the West part of the Island, and then sending it back, hee sail'd with the West∣ern Fleet unto the Northern, and thence with the Northern hee returned to the Eastern, beeing indeed very diligent to prevent the Incursions of Pirats; that is, behaving himself in this manfully (as say Florentius also, and Hoveden) for the de∣fence of his Kingdom against Foreiners, and the training up of himself and his people for warlike emploiments. Thus the Guardianship or maintenance of the Dominion by Sea is evident.

But as concerning the Fleets aforementioned, they each of them consisted of MCC ships, and these, as Writers say expressly, very stout ones; so that in the time of his Reign, the British Navie consisted of such ships to the number of Three thousand six hundred Sail, as m 1.153 Florentius and Hoveden speak expressly. But others write, that these Fleets amounted to Four thousand ships; as u 1.154 John Bramton Abbot of Jorvaux, others adding to these Three a Fourth Fleet, whereby the number is in∣creased to Four Thousand Eight hundred Sail; as you may

see in Florilegus. So, as Florentius also saith, Hee by the help of God governed and secured the bounds of his Kingdom with Prudence, Fortitude, Justice, and Temperance, as long as hee lived, and having the courage of a fierce Lion, hee kept all the Princes and Lords of the Isles in aw. Wee read also in Ordericus Vitalis, of King Harold or Herald, that hee so guarded the Sea with a force of soldierie and shipping, that none of his Enemies could without a sore conflict, invade the King∣dom. So that wee cannot otherwise conceiv, but that these Naval Forces were at that time disposed, and the Sea-Fights undertaken, for the defence and guard of the Sea, as an Appendant of the English-Saxon Dominion in this Island. Especially, if wee duly compare these things alreadie manifest, with those which are added by and by to this particular, touching the same age.

The Sea-Dominion of the English-Saxons, and Danes, during their Reigns in Bri∣tain, observed in like manner, from such Tributes and Duties of their Fiduciarie Clients or Vassals, as concerned the main∣tenance of the Navie. Also, concern∣ing the Tribute or Paiment called Dane∣geld, which was wont to bee levied for the Guard of the Sea. CHAP. XI.

HEre follow next the Tributes and Duties of Vassals, concerning the maintenance of the Navie or Guard of the Sea; which are evidences also of

that Sea-Dominion which was in the time of the Eng∣lish-Saxons. I call those Tributes, which were wont to bee levied for the re-inforcing of the Navie, and for provision of Victuals for the Sea-men. Of which kinde were those that were levied, according to the va∣lue of men's estates in Land, for the setting forth of ships in the time of King Ethelred. For, at that time whosoever possessed CCCX. Cassatos, or Hides of Land, was charged with the building of one ship. And they were all rated proportionably, after this manner, who were owners of more or less Hides, or of part of an Hide; as a 1.155 Marianus Scotus, Hoveden, and Florentius do all tell us in the very same words. Ethelred King of England (say they) gave strict command that one Gallie should bee char∣ged upon CCCX Cassati, but a Coat of Armor and an Helmet upon nine, and that ships should bee built throughout all Eng∣land, which beeing made readie, hee victualled and manned them with choice souldiers, and appointed their Rendezvous at the Port of Sandwich, to secure the Bounds of his King∣dom from the irruptions of Foreiners. But b 1.156 Henrie of Huntingdon, as also Matthew Paris, and Florilegus, speak∣ing of the same thing say; The King charged one ship up∣on three hundred and ten Hides of Land through all England; also a Coat-Armor and Helmet upon eight Hides. Then Hun∣tingdon tell's what an Hide doth signifie. But an Hide in English, saith hee, is so much Land as a man can till with one Plow for a year. Others there are that determine o∣therwise touching the quantitie of an Hide: And most certain it is, that it was very various, according to the different Custom of Countries; but the same with Cassata and * 1.157 Carucata. Indeed, the English-Saxon Chronicles of the Abbie of c 1.158 Abingdon, do likewise mention Hides here expressly. In the year MVIII. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 (say they) 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 man 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 call 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 hund 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Tynumaenne 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 helm 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, That is to say, the King gave command for the building) of Ships carefully throughout all England; to wit, that one Gallie should bee charged upon CCCX Hides of Land; but a Coat-Armor and Helmet upon eight Hides. And it was usual, according to the Laws of that Age, that the richer sort should bee taxed by the number of Hides; as wee see also throughout that Bre∣viarie of England or the Book of Rates called d 1.159 Domes∣day, which was first written in the time of King William▪ Huntingdon add's also, that there never had been so great a number of Ships in the time of any one in Britain; which is testified in like manner by the Saxon Chroni∣cles before cited. So that, that most numerous Navie of King Edgar (mentioned in the former chapter) was not to bee compared with this. But yet that most learned man and great Light of our Island, M^r e 1.160 Cam∣den, hath so cast up the number of Hides throughout England, out of the antient Records of that Age, that they do not exceed 243600. If this had been so, then they could have set forth no more then 785 Ships by this Tribute, which is a lesser number then that of King Ed∣gar by som thousands: So that som other account is to bee made concerning Hides, which is not to bee handled in this place.

Hereunto belong's that of Huntingdon, touching King Canutus and his Son Harald. In the daies of Harald (saith hee) as also in the time of his Father, eight Marks were paid by everie Port for XVI Ships. In the like manner, Hoveden saith, there was a Tax imposed which was paid for the maintenance of the Navie, when King Canutus and King Edmond made an agreement in an Isle in the midst of Severn, called Oleney. Moreover, Huntingdon write's,

that 11048 pounds were raised by Hardecanute King of England, before hee had reigned two years, for thirtie two Ships (that is to say, for the building of two and thirtie Ships.) Hee gave Command also (as f 1.161 Matthew Westminster saith) that eight marks should bee paid to everie Rower of his Navie, and ten marks to each Commander, out of all England. Hee saith again also of the same King; that hee appointed Officers through all parts of the King∣dom, to collect the Tax imposed, without favouring any, and therewith to provide all things necessarie for his Forces at Sea. And Florentius saith; g 1.162 Hee gave command for the paying of eight marks to every Rower of his Navie, and twelve (so wee read it in that Autor) to everie Comman∣der, out of all England; a Tax indeed so grievous, that scarce any man was able to pay it. But these things spoken of Canutus, his son 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.

Among the old Laws of England it appear's; that the paiment of Danegeld was first imposed becaus of Pirates (either Robbers or others invading the Sea.) For, they infesting the Countrie, wasted it as far as they were able. Therefore for the repressing of their insolence, it was deter∣mined that an yearly paiment should bee made of Danegeld; that is to say, twelve pence upon every hide through the whole Land, for the pay of those that should bee imploied to hinder the eruption of Pirates. So wee read it in som h 1.163 Copies; i 1.164 others render it Irruption. But the other reading seem's to signifie, that this Tax was imposed, for the raising and mainteining of Naval Forces, so to guard the Sea, that Pirates or Enemies might not bee able to make any eruption from the Shore on the other side of the

Sea. Nor can the word Eruption otherwise bee well put in that place. So that even that antient Dignitie of the Count of the Saxon shore (whereof wee have alreadie spoken) is therefore not obscurely represented by him who commanded as Admiral over the Fleets of that Age. This Tribute or Tax had its beginning under King Ethelred. For, hee beeing brought into miserable streights by Swane King of Denmark, beeing forced to buy a Peace of him, hired XLV Danish Ships also by Agreement, for the guarding and securing of his Do∣minion in the Sea, who were to receiv their pay yearly out of this Tribute for their maintenance. For the right understanding whereof, it is to bee observed out of the English Saxon Storie, that the Tribute or Tax usually paid at that time to the Danes, was of more kindes then one. There was one Tribute or sum of Monie, where∣with the English-Saxons were forced somtimes to buy Peace of such as grievously infested the Island. But ano∣ther was levied to pay the Danish Navie, which was hired to guard the Sea and defend the Sea-Coasts. The first kinde of Tribute appear's by that of Florentius and Hoveden, in the year MVII. Ethelred King of England by the advice of his Lords, sending Embassadors to the Danes, gave them Commission to declare, that hee was willing to defray their Charges and pay them a Tribute upon this condition, that they would desist from rapine, and establish a firm Peace with him. To which demand of his they yielded. And from that time their charge was defraied by all England, and a Tribute paid, which amounted to 36000 pounds. That is, hee effected this onely for the present, that hee obteined a peace for a time by monie, which hee could not by Arms, as Florilegus saith well. Four years after also, all the great Lords of England of both Orders, met together at London before Easter, and there they staid so long till paiment was made of the Tribute promised

to the Danes, amounting to fourtie eight thousand pounds; which wee reade of likewise both in Florentius and k 1.165 Hoveden. But this was paid to the intent, that all Danes which were in the Kingdom, should in every place dwell peaceably by the English, and that both People should have as it were one heart and one soul, as it is expressed by Florilegus. Other passages of the same kinde there are in the storie of that Age, yea and som of an elder date. Yet this first kinde of Tribute was not wont to bee paid yearly, but levied now and then, as occasion required. Notwithstand∣ing it may bee true perhaps which l 1.166 som write, that E∣thelred in the aforesaid agreement of the year MVII yield∣ed to pay every year a Tribute of Thirtie six Thousand pounds to the Danes, for a longer continuation of the peace. Wee read here that hee yielded or granted, but no where like∣wise that hee paid it. But as for the second kinde of Tribute, which was to bee paid (as wee have told you) for hire of the Danish Navie, it was a yearly Tri∣bute, and levied at the same time, at least in the same year, (to wit, of our Lord MXII.) wherein these four∣tie eight thousand pounds were paid to procure a peace. Nor was it limited by any set-summe of monie, but so much as would serv for victualling, and clothing the Forces at Sea. Florentius and Hoveden in the aforesaid year say; After these things, upon paiment of the Tribute, (meaning that of fourtie eight thousand pounds) and a confirmation of the peace by Oaths, the Danish Navie which was before in a Bodie, was disposed and dispersed abroad afar off. But XLV ships remained with the King, and sware fide∣litie to him, and promised to bee readie to defend England a∣gainst Foreiners, upon condition that hee would provide them Vi∣ctuals and Clothing. This is related likewise in the Eng∣lish-Saxon Chronicles of the Abbie of m 1.167 Abingdon; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 That is, the Tribute beeing paid, and Oaths of Ami∣tie taken, the Armie (or Navie) which was before in a Bodie, was dispersed abroad. But fourtie five ships of that Navie remained with the King, and promised upon Oath to be readie for the defence of this Land, upon condition the King did finde them Victuals and Cloathing. Swane was at that time King of Denmark, with whom Ethelred made this agree∣ment. But both the kindes of paiment aforemention∣ed, were called Danegelo, Danegeld, or Danageld, that is to say, Danish Tribute. The first kinde is expressly inti∣mated by this name in n 1.168 Joannes Sarisburiensis; where hee saith, Swane wasted and spoiled the Island of Britain, the great∣est part whereof hee had in his possession, and afflicted the Members of Christ with many persecutions, by an imposition of Tribute, which in the English Tongue they call Danageld. But the second kinde which was paid for the mainte∣nance of the Forces by Sea was called likewise by the same name, both becaus it was occasioned by the a∣greement with the Danes, as also becaus it was wont to bee paid to the Danish Fleet, that was hired to guard the Territorie by Sea. For which caus also it reteined the same name, not onely under these Danish Kings, Canutus, Harold the first, and Hardecanutus, but also under the English-Saxon or English. And that this which wee have spoken was the Original hereof, is affirm'd also by Ingulphus the Abbot of Crowland, a witness beyond all exception, who lived at that time. Hee speaking of the affairs of Edward the Confessor, saith, o 1.169 In the year MLI. (which was the tenth of King Edward) in regard the Earth did not bring forth its Fruits in such plentie as it was

wont, but devoured very many people by famine, insomuch that many Thousands of men died through the scarcitie of Corn, and want of Bread; therefore the most pious King Ed∣ward, beeing moved with compassion towards the people, released that most grievous Tribute called Danigeld, to all Eng∣land for ever. It is reported by som, that this most Religious King beeing brought by his Officers into the Exchequer, to see the Danigeld that was collected, and to take a view of so vast an heap of treasure, stood amazed at the first sight, protest∣ing that hee beheld the Divel dancing upon the heap of monie, & extremely rejoycing; whereupon hee immediately commanded to restore it to the former Owners, and would not keep one jo•• of so cruel an exaction; but remitted it for ever, to wit, in the thirtie eighth year after Swane King of Denmark command∣ed it to bee paid every year to his Navie, in the time of his Father Ethelred. By dis-counting 38 years from the year 1051. that year 1012. is sufficiently manifest, wherein the be∣ginning of this Danegeld is placed, according to that which hath been alreadie spoken. Nor is it any pre∣judice at all, that there seem's perhaps to bee one year o∣ver and above. For, such as are verst in the Chronicles of the Monks, know well enough, that differences of that kinde are very frequent among them, especially by reason of their careless confounding of the years of our Lord, and of the Kings, whose beginnings do variously differ, as every man know's. Nor is it pro∣bable, that they were sufficiently agreed touching the Tribute and Taxes before the next, or one thousand and thirteenth year. For, concerning that year, Florentius, Hoveden, and others speak expresly thus; In the mean time the Tyrant Swane gave command to make readie Provi∣sions in abundance for his Navie, and for paiment of an almost intolerable Tribute. In like manner Turkillus sent out his commands every where; that it should bee paid to his Fleet,

which lay at Grenewich. That Fleet of XLV. ships rode now and then in the Thames neer Grenewich, and then first received their promised pay. That is, in that very year, which beeing discounted is the Thirtie eight year, as Ingulphus would have it: wherefore its begin∣ning was not ill placed in that year. Without all que∣stion, that Ingulphus was a Courtier in the time of King William the first, or a man of no mean account, at the time wherein that was don which hee relate's: so that especial credit is to bee given him in this particular. Whereas also hee saith, that King Edward remitted Dane∣geld for ever, the same thing is affirmed also by Roger Hoveden, and Matthew the Monk of Westminster; who saith, In the year of Grace MLI. King Edward absolved the people of England from that most grievous Tribute of 38 thousand pounds, which was usually paid to the Danish Auxiliaries, during his Father's Reign. Whereof wee read also in p 1.170 Matthew Paris. But Hoveden saith, K. Edward absolved the people of England from that grievous Tribute, in the thirtie eight year after that his Father K. Ethelred had com∣manded it to bee paid to the Danish Souldiers. Others there are also that write to the same purpose. Som of the q 1.171 English, Saxon Chronicles place the same thing in the following year, and so affirm, that there intervened 39 years from the beginning of this Tribute (which also they call 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or Heregild, that is, a Militarie o•• Naval Tribute) to that abolishment of it by King Ed∣ward; Nevertheless, as to what concern's its beginning, they agree with Ingulphus and Hoveden, to wit, in the year MLII those Chronicles render it thus; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. That is to say, K. Edward abolished that Militarie Tribute, or Here∣gild,

which had been formerly imposed by K. Ethelred▪ to wit, in the nine and thirtieth year after it began. But yet in the Autor of that r 1.172 Dialogue concerning the Exchequer, written in the time of K. Henrie the second, (commonly sup∣posed to have been Gervasius Tilburiensis) wee read it was paid yearly even till the time of K. William the first or the Norman Conquest; that is to say, for fourteen years compleat, immediately after that abolishment. For, so long K. Edward reigned, whom that William suc∣ceeded. The Autor's words are these; The Pirats of the adjacent Islands, having made an irruption, and spoiling the Sea-Coasts, carried away Gold, Silver, and all things of any va∣lue. But assoon as the King and his Subjects set forth any pre∣parations of Warr, for the defence of their Nation, they presently ••••ed away by Sea. But the chief among them, and ever more inclined to mischief, was that warlike and populous Nation of the Danes, who besides their ordinarie desire of prey; pressed on the more furiously, becaus they laid claim to somwhat of anti∣ent Right in the Government of the Kingdom, as the British Historie relate's more at large. Therefore for the repelling of them, it was ordeined by the Kings of England, that two shil∣lings silver upon everie Hide of Land should by a kinde of Cu∣stom for ever bee paid for the maintenance of valiant men, who by scouting about continually, and guarding the Sea-Coasts, might repress the Invasion of Enemies. And in regard this Revenue was appointed chiefly becaus of the Danes, therefore it was called Danegeld. And thereupon it was paid by yearly Cu∣stom (as hath been said) under the English Kings, until the time of K. William the first, who was of the Norman Stock and Nation. So that Autor, who would have this Tribute to derive its name from the Danes, as if the Navie had been mainteined thereby chiefly to drive them from the Coasts of England. But questionless, the first reason of the name, is to bee received, as it

hath been alleged out of the passages above mentioned; though afterwards there was a Subsidie raised and Tri∣bute paid for the like Fleet, consisting of such as were not Danes, or of English, for the repelling of the Danes themselvs, which was not improperly called by the same name. Touching the paiment hereof after the Norman Conquest, I shall add more s 1.173 by and by. But as concerning what hee saith here, that two shillings silver upon everie Hide were wont to bee paid yearly for the raising of this Tribute, the same is affirmed also by other antient Autors, as t 1.174 Roger Hoveden, and u 1.175 Matthew Paris: So that these men make the paiment double to that which is before alleged out of the Laws of the English-Saxons. The yearly paiment of this Tribute is valued also by Matthew of Westminster, & Matthew Paris, at thirtie eight thousand pounds, as appear's by the parti∣culars alreadie cited: which truly was written by them with very little discretion. Nor have they dealt any better, who set down that paiment at the rate of thirtie thousand pounds, as the Autor of the Chronicle called x 1.176 Chronicum Melrosense. For, at what rate soëver that Tribute was paid to the King, according to the alteration of times, it appear's for certain, that the Sti∣pends usually allowed to the Danish Fleet were so un∣certain, that they were set somtimes higher, somtimes lower (as wee must suppose it could not otherwise happen) according to the number of Ships and For∣ces that were necessarie for the Guard of the Sea. Of which also there are examples among Historians. Flo∣rentius in the year MXIV. saith, K. Ethelred gave com∣mand, that the Tribute amounting to thirtie thousand 〈◊〉〈◊〉 should bee levied for the Fleet which lay at Grenewich; So also Hoveden. But the y 1.177 English-Saxon Chronicles of the Abbie of Abingdon say of the same year; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. The King commanded that 21000▪ should bee paid to his Armie; (For so that Fleet is called every where in English Saxon) which rode at Grenewich. Here (you see) is no small difference in the number of pounds. But howsoever, if it bee to bee conceived of the yearly Tax or Tribute, then it was far less this year then it is reckoned by those Monks, who speak of thirtie eight thousand pounds. Four years after, in the Reign of King Canutus, (who was a Dane) a far greater summe of Monie was raised for the maintenance of this Fleet. That Florentius, whom wee have often cited, saith; In this year, (that is, MXVIII. Seventie two thousand pounds out of all England, and one thousand and fiftie pounds out of London, were paid to the Danish Fleet; and there remain∣ed fourtie ships with K. Canutus. But the rest were re∣turned to Denmark. Of which year Hoveden speak's thus; Out of all England seventie two, and out of London 410 pounds were paid to the Danish Armie or Fleet. And there remained, &c. They differ about the Summe, not the Thing, wherein they agree with the English-Saxon Chronicles before mentioned. Yet these altogether speak contrarie to that accompt of the certain summes, as it is set down by the aforesaid Monks. But z 1.178 Mat∣thew Paris and Matthew Westminster say of the same Time, that Cnute sent home the Danish Fleet, and Sti∣pendarie Souldiers, (except fourtie ships, as appear's by what hath been said alreadie) having paid them out of all England eightie two thousand pounds in silver. Also, in the second year of King Harde••nute, a Tax was levied for the Danish Armie or Fleet, amounting to 21000 pounds, and 89 pounds, as Huntingdon tell's us. All which particu∣lars do, I suppose, sufficiently demonstrate, that the Danish Tribute here mentioned was not fixed to any

certain summe of yearly paiment; and also that an huge summe of monie was wont to bee paid yearly at that time to the Kings of England, for the Guard of the Sea, (for, to what purpose els was that Fleet al∣waies kept, and so great Taxes levied every year for the maintenance thereof?) But in the Reign of King Henrie the second, the name of Danegeld grew out of use, Tributes or Taxes beeing usually paid still, not∣withstanding by other names that are very well known, for the Guarding of the Sea; as wee shall shew by and by. But they are extremely mistaken, even they who agree either with John a 1.179 Bramton the Ab∣bot of Jorvaux, or som other Autor out of whom hee wrote it, or any others of that kinde, in deriving the Original of that yearly Danegeld, so often mentioned every where, from the former kinde of Tribute, which was paid to the Danes, for the procuring of a peace; and they also who b 1.180 would have the Warr to have been undertaken by the Danes and Saxons against the Britains, becaus they denied them a freedom of Navigation, and that the end thereof was, that this Tribute was upon that accompt imposed upon the Na∣tion when it was subdued.

Now, as concerning the Duties of Fiduciarie Clients or Vassals, wont to bee paid in that Age for Naval Expe∣ditions and the Guard of the Sea, wee have set them down among those particulars which were spoken of King Edgar in the former Chapter. The Pettie Kings or Lords of the neighboring Isles were bound to him by Oath to bee readie at his command to serv him by Sea and Land. And in that famous Breviarie or Re∣gister of England called c 1.181 Domesday, (conteining ve∣ry many Customs in use among the English-Saxons, be∣sides the assessment of the Provinces, and written in

the time of William the first) wee read thus; It is a Custom at Warwick, if the King went by Sea against his Enemies, to send him either IV. Batsueins (Sea-souldiers or Rowers) or els IV. pounds in monie. And at Excester, when hee made any Expedition by Land or by Sea, this Citie served after the rate of V. Hides of Land. Barnesta∣ple, Lydeford, and Totenais served as far as that Citie. That is, these three Towns paid as much as Excester alone. Moreover, Clocester yielded XXXVI. Dicres of Iron and C. iron Rods fitted to make nails for the King's ships. Leicester also, if the King went against his Enemies by Sea, sent him four horses from that Town to Lon∣don, to carrie Arms or other necessaries. Concerning Lewes also, a chief Town in Sussex; there K. Ed∣ward (the Confessor) had CXXVII. Burgers at his ser∣vice. Their Custom was, if the King went not himself in person, but sent others to guard the Sea, then they collected XX. Shillings of every man, of what Countrie soëver hee were, and provided men who were to look to the Arms on ship∣board. Here very express mention is made of the defence or Guardianship of the Sea it self. And in Colchester▪ an eminent Town of Essex, wee finde it was the Cu∣stom of that Age, to pay out of every hous six pence a year, that was able to pay it, for maintenance of the King's souldiers upon an Expedition by Land or Sea, &c. And this ought to bee the rate, if the King shall entertain souldiers▪ or make any Expedition. All these particulars are in that Register: And others there are in it of the same kinde. But an Expedition by Sea signified in these testimonies, not a Warr to bee undertaken for subduing the Domi∣nions of their neighbors lands, but most clearly a pre∣paration and enterprise of Warr, for the guarding, scour∣ing, and keeping the Sea, as a part of the Empire of Britain: As it sufficiently appear's out of the Histories

of that time. For, wee do not reade, that our English-Saxons or Danes had any other quarrel at that time, with any of their Neighbors whatsoëver, unless it concerned either the British Islands or the Sea belonging thereunto. Which also is especially to bee consider'd.

The Testimonies of Edgar and Canutus, Kings of England, with others expressly declaring the Dominion which they and their predecessors had over the Sea; toge∣ther with an observation touching the Na∣tions which in that age were seated upon the opposite Shore. CHAP. XII.

THat wee may at length set an end to that fourfold distribution which wee made of the Testimonies of that Age, let us in the last place add the ex∣press determinations of King Edgar and Canutus con∣cerning their own Dominion over the Sea. As for Edgar, the title which hee commonly used, ran thus; a 1.182 I Edgar Soveraign Lord of all Albion, and of the Maritim or Insular Kings inhabiting round about. So hee make's the bodie of the British Empire to comprehend all the Mari∣tim Kingdoms that lay about, that is to say, all that are Situate in the British Sea. And this hee more plainly declare's in the Charter or Deed by which hee setled re∣venues on the Cathedral Church of Worcester, in the year DCCCCLXIV; if so bee the copie were rightly rendred by those who many years since printed so much of it as concern's this title. The words are these, b 1.183 Al∣titonantis Dei largifluâ clementia qui est Rex Regum, Ego

Edgarus Anglorum Basileus omniúmque Regum insularum, Oce∣anique Britanniani circumjacentis (so John Dee, a man very well seen in most parts of Learning, did read it a good while since, save onely that in stead of (Britannian) hee hath (Britanniani) while c 1.184 others reade, Insularum Oceani quae Britanniam circumjacent) cunctarúmque nationum quae infra eam includuntur Imperator & Dominus; gratias ago ipsi Deo omnipotenti Regimeo qui meum imperium sic ampliavit & exaltavit super regnum patrum m••orum; qui licèt Mo∣narchiam totius Angliae adepti sint à tempore Athelstani (qui primus regnum Anglorum & omnes nationes quae Britanniam incolunt, sibi armis subegit) nullus tamen ill••rum ultra ejus fines imperium suum dilatare aggressus est. Mihi autem concessit propitia divinitas cum Anglorum imperio omnia regna Insularum Oceani cum suis ferocissimis regibus usque Norwegiam, maxi∣mámque partem Hiberniae cum suâ nobilissimâ civitate Dub∣linia, Anglorum regno subjugare. Quos etiam omnes meis imperiis colla subdere (Dei favente gratiâ) coëgi.—By the abun∣dant goodness of Almightie God who is the King of Kings, I Edgar King of England, and of all the Kings of the Islands, and of the Ocean lying round about Britain, and of all the Nations that are included within the circuit thereof, Supreme Lord and Governor, Do ren∣der thanks to the same Almightie God my King who hath enlarged my Empire thus, and exalted it above the Royal Estate of my Proge∣nitors, who although they arrived to the Mo∣narchie of all England ever since the time of Athel∣stane (who was the first that by force of Arms subdued the English, and all the Nations that inhabite Britain) yet none of them ever attempted to promote their Empire beyond the bounds thereof. But the divine goodness hath favored

mee so far as beside the English Empire▪ to enable mee to subdue all the Kingdoms of the Ilands in the Ocean with their most stout and mightie Kings, even as far as Norway, and the greatest part of Irland, together with their most famous Citie of Dublin. All which (by God's grace and assistance) I have subdued and made their necks to stoop under the yoke of my command. Whereas hee saith, that none of his Progenitors had at∣tempted to enlarge their Empire beyond the bounds of Britain, it must bee so understood, that it bee taken for the Northern and Western bounds of the British Empire, as sufficiently appear's by the mention of Irland and Norway. So that then more Islands than the name of Britain did comprehend, or than the Isles of that Sea, together with the Sea it self, were brought under his Dominion.

But King Canutus (or Cnute) hath left a testimonie al∣so, whereby hee most expressly asserts the Sea to bee a part of his Dominion. Hee placing himself on a seat by the Sea side as it flowed upon Southampton Shore, having a minde to demonstrate to his flatterers, that Kings themselvs are but men, is reported to have made trial of the obedience of the Sea (it beeing flood) after this manner, Thou, O Sea, art under my domi∣nion, as the Land also upon which I sit is mine. And there never was any that disobeied my Command without punishment. Therefore I command thee not to ascend up upon my Land, nor do thou presume to wet the feet or gar∣ments of thy Sovereign. But the Tide (saith Hun∣tington, and Florilegus who relate this storie) swelling as at other times, did very unmannerly wet not onely the feet, but legs of his Majestie. Whereupon the King leaping up 〈1 page duplicate〉〈1 page duplicate〉

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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 hee refused to wear his Crown of Gold; consecra∣ting it to a Crucifix. In the mean time, hee here openly professed himself to bee the Soveraign of the Sea as well as of the land. Hereunto may bee added som testimo∣nies of other Writers, which although they are of a later date than the Kingdom of the English-Saxons, yet they are transmitted to posteritie by the hands of such as were perfectly acquainted with the English Historie, and by the Tradition of their Ancestors well infouned of the most authentick Opinions and Resolvs concern∣ing the English Dominion over the Sea. Geof••rie Chaucer (who was not onely the most famous Poêt of his time, but, as Learning went in those daies, a very well accomplisht Scholar) in one of his Canterburie Tales, bring's in his Man of Law telling a storie which hee would have relate to the time of Alla King of Northum∣berland, who reigned thirtie years; and his Reign began in the year of our Lord DLIX. In this Tale there is brought in a Ladie, called Constantia, the Daughter of I know not what Roman Emperor, married to the King of Syria; driven shee was by weather to a place which lay under the command of a Fortress upon the Shore of Northumberland, and there the Ship ran aground; shee was a Christian, banished for her Religion, and there taken Prisoner by the Commander of that Fortress. In this Relation of the sad adventures of Constantia, hee saith (what indeed is true) that Christian Religion was not received into any part of that Terri∣torie, but that Pagans had over-run and did hold those Northern Countries under their Dominion as well by Sea as Land. His words to this purpose are these,

In all that lond dursten non Christen rout; All Christen folk been fled from the Countre Through Paynims that conquer'd all about The plagues of Northumberland by land & See.

Hee said discreetly, that the neighboring Sea fell to the Conquerers of this Isle as well as the Land, knowing what was the resolution and generally received opinion of his Ancestors concerning that matter Hee lived two hundred and thirtie years ago in the time of Richard the Second. Nor is it any prejudice to this autoritie, that the other things there related are fabulous; For wee know that out of the Fables of Heliodorus, Achilles, Tatius, Theo∣dorus Prodromus, Eustathius, and such others, whether of an amorous or any other strain, somtimes many use∣ful observations may bee gathered concerning the cu∣stoms, manners, and received opinions, as well of the men among whom they are feigned to bee acted, as of the times to which they are related. John Harding also, who, in the time of Edward the Fourth, wrote an Historie of the affairs of England in vers, when hee reckons up those Princes that sware fealtie to King Canutus for the Lands which they held of him, d 1.185 hee adds

So did the Kings of Wales of high parage, And all the North-west Ocean For their kingdoms and for their lands than;

That is to say, the same was don at that time by the greatest Kings of Wales, and of all the North-western Sea, for their respective Kingdoms and Territories. Thus Canutus was King of the Kings of that Sea, which hee himself also sufficiently declares, when hee expressly affirms in what was before related, that the Sea it self was under his

Dominion. And so much for testimonies, to prove that the British Sea hath been possessed not onely by the Britains, after they had cast off the Roman yoke, but also by the English-Saxon, and Danish Kings.

Moreover, it seem's they did use to take a kinde of cours for the strengthning and preservation of their Dominion, both by Sea and Land, as the antient Ger∣mans (of whom both Danes and Saxons are a part) were wont to do for the defence of their midland Cities. A∣mong them (saith e 1.186 Caesar) it was the highest glory to make very large depopulations, and lay all the Countrie round about them waste; measuring their honor by their distance from any neighbor, and accounting it the onely token of valor when none durst plant themselvs within their reach; and besides, they thought by this means to render themselvs more secure by remo∣ving the fear of any sudden incursion. So it hath been the manner of those that at any time have made themselvs Masters of the Kingdom of Britain, to extend their Dominion in the circumambient Sea to the largest Cir∣cuit, scouring the Seas about, and keeping other Na∣tions at a distance, as it were from the Wall or Pre∣cinct of the Island. Nor were those German Cities more Masters of that waste part of the Countrie that lay about them, then the King's of Britain were over the Sea of the same name. But as wee observed before of the Scots and Picts, in the time of the Romans, so here also it is to bee noted of the Norwegians or Normans, (for many times they are to bee taken for one and the same people) and other Northern Nations, That those British Isles which are situated in the West and Northern Sea, were somtimes so possessed by the Scots and Picts, as also by the Norwegians, and such others as infested the Northern Sea, and invaded the Isles ly∣ing between them and Britain, that it is not to bee

doubted, but they also according to the various altera∣tion of their Dominions by Land, succeeded one ano∣ther for that interval of time, in the possession of a proportionable part of the Sea also, as an Appendant to every one of the shores of Britain The Scots (saith an f 1.187 unknown Autor, speaking of the year DCCCXLVI) for many years became Tributaries to the Normans, who without any resistance entred and settled themselvs in the Isles lying round about. And as touching the Naval affairs of the Normans in our Sea, there are many passages to bee seen in Regino the Abbat, Aimoinus and other Writers of that Age. But in the mean time it is sufficiently manifest, that as by reason of the tumultuarie & unsetled posture of affairs in those daies, the Dominion of the Island it self was very often tossed to and fro; so also the Domi∣nion of the Sea was in like manner attempted, di∣sturbed, invaded, recovered, and defended, as that which did inseparably follow the Dominion and So∣veraigntie of the Island. Wee are not ignorant that in the French Histories there are now and then som pas∣sages that speak of their Naval power in this Age, which are collected by g 1.188 Popelinerius. But there is no∣thing to bee gathered from them that may set forth the least sign or shadow of a Soveraigntie or Dominion over the Sea. Very few indeed are to bee found, and such as either concern onely the defending the mouths of their Rivers against the Normans and Danes then ro∣ving up and down our Sea, or the subduing of the Friezlanders, and som of the Neighbor-Nations. Where∣unto also som other passages relate, which wee shall mention by and by, when wee com to speak of the Admirals of France.

Several Testimonies concerning the Sea-Do∣minion of the Kings of England, since the Norman Conquest, set forth in General Heads. CHAP. XIII.

FOllowing the Order and Method of our Enqui∣rie, in the next place wee treat of the Sea-Domi∣nion of the Britains, since the coming of the Nor∣mans into England. And in the first place our Discours shall bee of the Dominion of the English Sea, or that which flow's between England and the opposite shores or Havens of the Neighbor-Nations. Now whereas it is confessed on all hands, that all Dominion is chief∣ly founded upon just possession or occupation, and its continuance, and that possession is not supposed to bee had, by the act either of the minde or bodie singly and apart (as a 1.189 Paulus long since hath well determined) but is most firmly gotten and retained by the joint con∣currence of minde and bodie; whereupon it is distin∣guished into b 1.190 Civil, that is, where there is a right or ti∣tle by Law, and Natural or Corporal, and it is requisite that this Dominion receiv a signal confirmation by a long continued assent, a free and publick confession or acknowledgment of such neighbors whom it most concern's: First then, as concerning the Corporal or Natural possession of this Sea, as well as that which is Civil or by Law, and is retained by the act of the minde, wee shall give you very ample Testimonies since the time of the coming in of the Normans. And

in the next place, wee will shew how this Dominion of the Kings of England hath been acknowledged by those Foreign or Neighbor-Nations, whom it most concern's. But forasmuch as what wee shall thus speak of the English Sea in general, will chiefly relate to the Southern and Eastern, or that which hath the English shore on one side, and France and Germanie on the o∣ther, wee will therefore discours severally of that which lie's to the West of England, and also of the Scotish Sea, or that which lie's more Northerly.

As concerning the possession of the English Sea, both Corporal and Mental, or Civil, continued for that space of time which wee now speak of, with the like Dominion arising and retained thereupon, there are divers notable and very clear testimonies thereof, which for Methods sake wee divide into eight heads; whereof

• I. The Custodie, Government, or Admiraltie of the English Sea, as a Territorie or Province be∣longing to the King.
• II. The Dominion of those Islands that lie be∣fore the French shore.
• III. The Leav of passage through this Sea grant∣ed to Foreiners upon request.
• IV. The Libertie of Fishing therein allowed up∣on courtesie to Foreiners and Neighbors, and the Protection given to Fisher-men.
• V. Prescribing of Laws and Limits to Foreiners, who beeing in Hostilitie one with another, but both in amitie with the English, made Prize of each other in this Sea.
• VI. The Records whereby this Dominion is expressly asserted by the By, as a most un∣doubted

• right; and that no•• onely by the King, but by the Parlaments of England, when they debated of other matters.
• VII. The Commentaries of the Law of the Land, and common customs of the Nation, which do either assert or at least allow such a Do∣minion.
• VIII. Som antient Testimonies of inferior note.

All the testimonies almost that are comprehended in this Division, are indeed domestick; but so pub∣lick, and of so approved credit, that hardly any thing can bee imagined, which might give a clearer proof of possession whether Civil, as they call it, consisting in the act and intention of the minde, or Natural, which require's the presence of the Bodie. As it will appear to any man that pleas to make enquirie. E∣specially if hee add hereunto the judgment or acknow∣ledgment of such Forein Nations whom it chiefly concerned, whereof wee shall treat also by and by▪ But of these things severally, and in order.

That the Kings of England, since the co∣ming in of the Normans, have perpe∣tually enjoied the Dominion of the Sea flowing about them, is in the first place proved from the Guard or Government thereof, as of a Province or Territorie; that is to say, from the very Law of the English Admiraltie. CHAP. XIV.

AS concerning the Guard or Government of this Sea, there are three things therein that deserv spe∣cial consideration. 1. The bare mention and nature of the Guard of the Sea, and of the Guardians or Admirals there∣of, in publick Records and Histories. 2. The Tributes and Customs imposed, demanded or accustomed to bee paid for, and in consideration of the said custodie. And last∣ly, the tenor and varietie of Commissions belonging to this Guard, and English Admiraltie, or Government by Sea. Since the coming in of the Normans, there is frequent mention of a Guard or Government instituted for the defence and guarding of the Sea. Here call to minde those observations touching this kinde of Guard, which have been alreadie gathered out of that Record or Bre∣viarie of England called Doomesday. And King Henrie the first, saith Florentius of Worcester, gave order to his Butsecarli to guard the Sea, and take care that no person from the parts of Normandie, approach the English Coasts. The same saith Roger Hoveden, in the very same words almost, save onely that the printed Copies err in put∣ting

Buzsecarlis for Butsecarlis. These Butsecarli, or Butescarles, in the old English Language, are Of∣ficers belonging to the Navie, or Sea-souldiers, as Hute∣secarli, were Domestick Servants or Officers in Court. And that to guard the Sea here signified to secure the Sea it self, not to defend the Sea-Coasts (as somtimes, though seldom it did) with Land-forces, plainly ap∣pear's out of Henrie of Huntingdon, in whom it is clear, that the persons who thus guarded the Sea were emploied by the King, to make Warr by Sea against Robert Duke of Normandie, who was then preparing an Expedition against England. Now those publick Records are lost, wherein the Roial Commissions for the delegation of this Command or Government were wont to bee registred all that space of time betwixt the coming in of the Normans, and the Reign of K. John. But from thence through all the succeeding a∣ges unto this present time, it is as clear as day, that the Kings of England have been wont to constitute Governors or Commanders, who had the charge of guarding the English Sea, and were the Guardians or Governors thereof, in the same manner as if it had been som Province upon Land. First of all there were a 1.191 intrusted with the Government of the Sea, or the Maritimae and Marinae, the Maritime and Marine part of the Empire (understanding by those words not onely som Countrie lying upon the Sea-Coasts, but com∣prehending the British Sea it self, though I confess it was not alwaies so) such as were to guard and keep it, under the title (somtimes) of Custodes Navium, Guar∣dians of the ships, but more frequently Custodes Mariti∣mae, or Marinae, in the sens aforesaid. And in the time of Henrie the third, Thomas de Moleton is styled b 1.192 Cap∣tain and Guardian of the Sea, and hath autoritie given

him to guard the Sea and the Maritim parts of the Eastern Shore. In the same King's Reign also, the Inhabitants of the Cinque-Ports are said to guard the c 1.193 Coast of England, and the Sea. So Hugh de Cre∣queur was Warden of the d 1.194 Cinque-ports and of the Sea in those parts. Afterward the title of Guardians or Wardens very often changed into that of Admirals. Edward the First, saith Thomas of e 1.195 Walsingham, for the keeping of the Sea divided his Shipping into three Fleets, setting over them three Admirals, namely over the Ships at Yarmouth and the road thereabout John de Botetort; over those at Portsmouth, William de Leyburn; and over the Western and Irish Ships, a certain Irish Knight. More∣over also, that John de Butetort is in the f 1.196 Records of that time styled custos Maritimae; as were others also. After this, in the Reign of Edward the Second, three Ad∣mirals of the three several Coasts of England (saith g 1.197 Walsingham) had the guarding of the Sea, namely, Sir John Oturvin, Sir Nicolas Kyriel, Sir John Felton.. Wee finde moreover in our h 1.198 publike Records, that the principal end of calling a Parlament in the fourteenth year of Edward the Third was, De Treter sur la gard de la pees de la terre, & de la Marche d'Escoce, & de la Meer, i. e. That con∣sultation might bee had concerning keeping the peace of the Land, also of the Borders of Scotland, and of the Sea. The same regard they had to the defence of the Sea, as of the Island or Land-Province: giving us to understand, that the Land and Sea together made one entire bodie of the Kingdom of England. Other evidences of the same nature wee finde in the i 1.199 Records of Parlament of the same King's time, or in the consultations of the estates of the Realm had about this matter, that whilst they Treat indifferently De la saufegard de la terre, concerning the safeguard or defence of

the Land or Island, and de la saufeguard de la Mere, the safeguard of the Sea, they seem sufficiently to de∣clare, beeing well inform'd by their Ancestors, that the Dominion of this as well as of that, did be∣long unto the Crown of England. For the business debated by them was not onely how to provide a Navie to make resistance against their Enemies by Sea, but for the guarding the Sea it self as well as the se∣curing of the Isle, and so for the maintaining the antient right of their King in both. In the time of Richard the Second, Hugh Calverlee was made Admiral of the Sea (saith k 1.200 Walsingham) and M^r Thomas Percie joined in Commission with him to scour the Roades of the Sea for one year. And in the Reign of the same King, and likewise of the two succeeding Henries the Fourth and the Fifth, debate was had in l 1.201 Parlament about the Guard of the Sea. In the Reign of Henrie the Sixth, the Guard m 1.202 of the Sea was with a numerous Navie Committed to Richard Earl of Salisburie, John Earl of Shrewsburie, John Earl of Worcester, and James Earl of Wilts, to whom was added Baron Sturton; and afterward to John Duke of n 1.203 Excester. And in those daies it was usual to procure King's Letters commonly called, in the language of the Law, Protecti∣ons▪ whereby Privilege and exemption from all suits was granted to those that were emploied in this kinde of Guard or Defence of the Sea, or that spent their time super salvâ custodiâ & defensione Maris, o 1.204 For the safe∣guarding and defence of the Sea, as the form of the words hath it, which wee frequently finde in the Archives. Moreover, in the Acts of Parlament of the same King's Reign, mention is made of the safeguarding of the Sea, or de la saufegard de la mier, as of a thing common∣ly known, and for which it was the Custom of the English to make as diligent provision as for the Govern∣ment

of any Province or Countrie. And in the p 1.205 twen∣tieth year of the same King, the Commons preferr'd a Bill, that a strong and well accomplished Navie might bee provided for the defence of the Sea, be∣caus It is thought fit be all the Commens of this Land that it is necessarie the See be kept. Verie many other passages there are to the same purpose. Geoffrie Chaucer (who lived in the time of Richard the Se∣cond, and was a man verie knowing in the affairs of his Countrie) among other most elegant and lively chara∣cters of several sorts of men, written in the English Tongue, describe's the humor of an English Merchant of that time, how that his desire above all things is, that the Sea bee well guarded, never left destitute of such pro∣tection as may keep it safe and quiet. Which hee speak's to set out the whole generation of Merchants in that age, whose custom it was to bee sollicitous for traffick above all things, and consequently about the Sea it self, which would not afford them safe Voyages, did not the Kings of England, as Sovereigns thereof, according to their Right and Custom, provide for the securitie of this, as a Province under their Protection. The words of Chaucer are these,

His reasons spake hee full solemnely, Shewing alway the encreas of his winning; Hee would the See were kept for any thing Betwixe Middleborough and Orewel.

Orewel is an Haven upon the Coasts in Suffolk. Middle∣borough is in Zealand. The whole Sea that floweth between Britain and Zealand the English Merchants would have secured, this they were wont solemnly and unanimously to pray for, knowing that the Sea

was part of the Kingdom, and the Protection 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 most within the winding Creeks between those Islands which they possessed upon the Coasts of Germanie or Gallia Belgica, there is nothing, as far as wee can finde, to bee gathered from any Testimonies of for∣mer Ages. In the succeeding Ages likewise, there is frequent mention of this kinde of Guard, Defence, and Government of the same Sea, as will hereafter more fully appear when wee com to speak of Tributes, and of the tenor and varietie of the Commissions given to our Admirals. But now, it is to bee observed, that both the name and nature of this Guard is very well known, not onely by the use of the word both in the q 1.206 Imperial and Canon r 1.207 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-sight, but also by the common and obvious use which the English make of the same word in other Offices or Governments. For in those daies of old, when the title of Guardians or Wardens of the Sea was more usual, there were appointed Wardens of the Ports, even as at this day there are Wardens of the Counties (who are those Commanders of Counties called Sheriffs, and in the usual form and tenor of their Writ have custodiam comitatûs the Guard or Defence of the Countie committed to their charge) Wardens or Keepers of the Marches or Borders, Keepers of Towers or Castles, Parks, Houses, and the like. Yea, and the Lord Lievtenant of Ireland was especially in the time of King s 1.208 John and t 1.209 Henrie the Third, styled usually Warden or Keeper of Ireland, and his Office

or dignitie, commonly called the Keepership of Ire∣land; after the same manner as John Duke of Bedford, and Humphrey Duke of Glocester, whom Henry the fift during the time of his absence in France, deputed to govern the Kingdom of England, by turns, were cal∣led Custodes Angliae, Keepers of England, as wee very often finde both in u 1.210 Histories and x 1.211 Records. So Ar∣thur Prince of Wales was made y 1.212 Keeper of England▪ while Henry the seventh was beyond the Seas. So Piers Gaveston was keeper of England, while Edward the second remained in France. So were others also in like manner. The Governors also of the Islands of Jarsey and Garnesey, and the rest that are situated in this Sea, who now are styled Governors, Keepers, or Captains, were in z 1.213 antient times called onely by the name of Guardians, or Keepers. This then beeing so, what reason have wee to think that our Ancestors did not use the same Notion of Guardian or Keeper, and of guarding or keeping, in the name of the Guardian and the Guard of the Sea, which they were wont to use in the Guard and keeping of the Island, and in the other dignities or offices before mentioned? Doubt∣less, in all these the peculiar Dominion and Soveraign∣tie of him that conferr'd the Dignities, is so clearly signified and included, that his Dominion or Owner∣ship of the thing to bee kept and guarded, as well as Autoritie over the person dignified, is plainly implied in this Title. Nor is it to bee omitted, that in antient times before the autoritie of the high Admirals of Eng∣land was sufficiently established by our Kings, and set∣led so distinct, that the Command and Government of the Sea did belong onely to them, the Governors or Keepers of the Provinces whom wee call Sheriffs of the Counties, by virtue of their Office had also som

Custodie or Command of part of that Sea which ad∣joined to their respective Provinces, as of a part of the Kingdom of England. Which truly (to let pass other proofs) is sufficiently evident by this, that many times in those daies, 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 those places onely that were committed severally to their charge and custodie, did do the same also in the Sea it self 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 such as was founded upon the very same right by which they held the Government of the Countie or Province, they did oftentimes remove the King's Ships and Fleets from one Port to another by Sea, as through the Territorie of the Province that was committed to their charge. Which indeed is a thing wee hear not of in later times; but that so it was in the Reigns of King Henrie the third, and Edward the first, the Records a 1.214 of those times do testifie. But afterwards, the Universal Custodie of the Sea, excepting onely what was extraordinarie, was committed by our Kings to the high Admirals of England, and to them alone or their Deputies, and apperteineth unto them now by an unquestionable right. But when any person is intrusted with that Guardianship or Custodie, the possession and dominion of the King who intrust's or give's him the Autoritie, is compre∣hended in that Government or Command; which also is confirmed by words most express and home to the business in hand▪ that are to bee seen in a Li∣bel, or Bill of Complaint b 1.215, hereafter mentioned, which was exhibited by a great number of the neighbor-Na∣tions,

to the Commissioners of our Edward the first, and Philip the fair King of France.

The Dominion of the English Sea asserted from those Tributes or Customs that were wont to bee imposed, paid, and demanded, for the Guard or Protection thereof, after the Norman Conquest. CHAP. XV.

COncerning the Tributes or Customs that were wont to bee imposed, paid, and demanded, for the Guard of the English Sea, there are very ample antient Testi∣monies, all along since the Reign of the Normans: And those things which have been alreadie mentioned tou∣ching the Guard of the Sea, do not a little confirm it. It is manifest, that the Tribute imposed, in the time of the English-Saxons, for the Guard of the Sea, which was called Danegeld (of whose Original and use wee have a 1.216 alreadie spoken) was wont now and then to bee paid heretofore under the Norman Kings. After the words there cited out of the antient Dialogue touching the Exchequer, about the paiment thereof before the Norman Conquest, it immediately follow's thus in the same Dialogue: In his Reign (that is to say, the ••••ig•• of William the first) the Danes, as well as other Robbert of Land and Sea, restrained the Invasions of Enemies, knowing this to bee true which is written, When a strong man armed keep's his hous, hee possesseth his goods in peace. For they were not ignorant, that resolute and valia•••• men would not let injuries pass unrevenged. Therefore whereas the La••d

had paid it along time in the same King's Reign, they were un∣willing to pay that every year, which had been exacted upon urgent necessitie in time of warr: But yet they would not have it wholly cashiered, becaus of sudden occasions. Therefore it was seldom paid in his Reign, or the Reign of his Successors▪ that is, onely then, when they either had or suspected a warr with Foreiners. And among the b 1.217 old Laws of England wee finde that William Rufus requiring aid of the Barons for the regaining of Normandie out of the hands of his brother Robert, sirnamed Cortehole, who was upon a Voiage to the Holy Land, Danegeld was granted to him, not established, nor confirmed by a Law; that is to say, four shillings upon every Hide of Land, which 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, c 1.218 Roger Hoveden saith expresly, that it was usually paid until the time of King Stephen. Hee speaking of the promisses which hee made at the time of his Coronation, saith, Thirdly, hee promissed that hee would remit Danegeld for ever, that is, two shillings upon an Hide, which his Predecessors were went to take every year. The same also is affirmed by Matthew Paris, and d 1.219 Roger of Wendover, out of whom the Chronicles set forth by Matthew until the nineteenth year of Henry the third, or the year of our Lord MCCXXXV. were wholly ta∣ken. They say of King Stephen, Tertiò vovit quòd Danegeld, id est, & qualibet ydâ terrae duos solidos, quos Antecessores ejus consueverant accipere in aeternum annis singulis condonaret. So indeed wee read it in the e 1.220 Manuscript Books of this Matthew, whereby the Printed ones are to bee amended, who render it onely thus: Tertiò vo∣vit, quòd Antecessores ejus accipere consueverant, in aeternum annis singulis condonaret. But this also is added by Hoveden; These

especially, and divers other things hee promissed before God, but kept none of them, as wee are told likewise by Paris and Wendover▪ So that this Tribute was wont to bee paid in the Reigns of William the first, and the second, Henrie the first, and King Stephen also, for the guard of the Sea. And it appear's by the accomp••s of the Exchequer, that it was paid somtimes in the time of Henrie the second. And after that it grew out of date, another cours was wont to bee taken very frequently, and used as the Cu∣stom of the Land, that Pay, and Provisions 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 Edward the first f 1.221, Terrarum ad Custodi•••• Maris agistatarum; that is, of such Lands as were charged with a Paiment or Tribute for the guard of the Sea. Wee know indeed also, that it was in the same manner collected at that 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 self was guarded then with Naval-Forces, as well as the Shore by Land-Forces, and so that that Paiment belong'd either to the Sea it self, or els to the Shore as well as the Sea. Moreover, Subsidies have been demanded of the people in Parla∣ment, Pour g 1.222 la salvation du Royalme & de eu•• Mesines & auxint de la Meer, de la March d•• Escoce, de Gascoign & des Isles; that is, for defence of the Kingdom, the Sea belonging thereunto, the Scotish Border, Gasooign, and the Isles. Thus the Sea, and its defence and Dominion is reckoned in an equal right and condition with that of the King∣dom, the Borders, and the Isles. Several other instan∣ces there are of that kinde. But that especially is to bee observed in this place, which wee finde in the Parla∣mentarie Records of King Richard the second, concern∣ing

a Tribute or Custom that was imposed upon every ship that passed through the Northern Admiraltie, that is, in the Sea which stretcheth it self from the Thames mouth along the Eastern shore of England towards the North-East, for the pay and maintenance of the Guard or Protection of the Sea. Nor was it imposed onely upon the ships of such Merchants and Fisher-men as were English, but also by the same right in a manner upon those of any Foreiners whatsoëver, no otherwise than if a man that is owner of a Field, should impose a yearly Revenue, or Rent for the libertie of Thorow∣fare, or driving of Cattel, or Cart, through his Field. Paiment was made at the rate of six pence a Ton upon every Vessel that passed by; except such ships onely as brought Merchandise out of Flanders to London, or that carried Wooll and Skins from any other place within the Jurisdiction of that Admiraltie to Calais. If a Ves∣sel were imploied to fish for Herrings, it paid the rate of six pence a week upon every Ton. If for other kindes of Fish, so much was to bee paid every three weeks; as they who brought Coles hither from New-Castle, paid it every three months. But if a Vessel were bound for Prussia, Norwaie, Scone, or any of the neigh∣boring Countries, it paid a particular Custom, 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 say, there were certain Officers that had autoritie to exact it, having the Command of six ships, Men of War, for this kinde of Guard or Protection. But the whole matter I here faithfully set down out of the h 1.223 Original, in the same language it was written, that is, the Norman Language of that time.

C'est l'Ordinance & Granté, per l'aduis des Marchaunds de Londres, & des autres Marchaunds vers la North, per ••ossent de touz les Communes de Parlement, par devant le Comte de Northomberland & le meaire de Londres, p••r la garde & tui∣cion du mier & costers del Admiralté de North ove deux Niefs, deux Bargis, & deux Ballingers armez & arraiez pur guerre sur les coustagis que s'ensuient.

• Primerement, pur prendre de Chescun Nief & Craier, de quele portage q'il soit que passe per la mier dedeinz le dicte Admiralté alant & returnant pur la voiage de chescun tonne∣tight VI^d. horspris Niefs chargez ove vins, & Niefs chargez ove marchandises en Flan∣dres qe serront frettez & dischargez à Londres, & Niefs chargez ove leynes & peues à Londres ou ailleurs dedeinz la dicte Admiralté que serront dischargez à Caleis; les quieux Niefs les Gardeins de la dicte mier ne serront tenuz de les conduire sans e∣stre allovez
• Item, de prendre de chescun vesseau pessoner qe pessent sur la mier du dit Admiralté

• entour harang, de quelle portage q'il soit, en un semain, de chescun tonnetight VI^d.
• Item, de prendre des autres Niefs & vesseauz pessoners que pessont entour autres pessons sur la mier dedeinz la dicte Admiralté, de quele portage q'il soit, en trois semaignes de ches∣cun tonnetight VI^d.
• Item, de prendre de touz autres Niefs & vesse∣aux passanz par mier dedeinz la dicte Ad∣miralté, chargez ove Charbons ou Novel Chastiele seur Tyne de quele portage q'il soit, en le quarter de un an, de chescun tonne∣tight VI^d.
• Item, de prendre de touz autres Niefs, Craiers & vesseaux passanz per mier dedeinz la di∣cte Admiralté, chargez ove biens des Mar∣chanz queconques en Espreux, ou en North∣way ou en Scone, ou en ascune lieu en mes∣me les parties de pardela, pur le voyage a∣lant & retornant, de chescun last Squar, viz. lastas graves VI^d.

This is the Ordinance and Grant by the ad∣vice of the Merchants of London, and o∣ther Merchants towards the North, by the Assent of all the Commons in Parlament, before the Earl of Northumberland, and the Mayor of London, for the Guard and tuition of the Sea, and the Coasts of the Admiraltie of the North, with two Ships, two Barges, and two Ballingers, armed and fitted for Warr, at these rates following.

• First, To take of every Ship and Bark, of what burthen soever it bee, which passeth through the Sea within the said Admiraltie, going & returning, for the Uoiage, upon every Tun VI^d, Except Ships laden with Wines, and Ships laden with Merchandises in Flanders, which shall bee unladen and discharged at London, and ships laden with wools & skins at London, or elswhere within the said Admi∣raltie, which shall bee discharged at Calais; which ships the Guardians of the said Sea shall not bee bound to convoy without allow∣ance.
• Item, To take of every Fisher-boat that fisheth upon the Sea of the said Admiraltie for Her∣rmgs, of what burthen soëver it bee, for each week, of every Tun VI^d.
• Item, To take of other Ships and Fisher-boats, that Fish for other kindes of Fish upon the sea, within the said Admiraltie, of what

• burthen soëver they bee, for three weeks, of e∣very Tun VI^d.
• Item, To take of all other ships and Uessels passing by Sea, within the said Admi∣raltie, laden with Coles from New-Castle upon Tyne, of what burthen soever they bee, for a Quarter of a year, of every Tun VI^d.
• Item, To take of all other ships, Barks, and Uessels passing by sea, within the said Ad∣miraltie, laden with Goods of any Mer∣chants whatsoever for Prussia or for Norway, or for Scone, or for any other place in those Parts beyond the sea for the Uoiage going and returning of every Last VI^d.

So run the Records of Parlament, which in that Age were almost all written in this kinde of Language; Not such as arrived at shore were charged here (as in most other places) with Customs, as upon the Account onely of the shore; but those that passed or sailed by, or used Fishing, as well Strangers as Natives. And this was upon the request also of the Estates in Parla∣ment under Henrie the fift in the preferring of a certain Bill, which I have taken out of the Records, and set down at large i 1.224 hereafter. That is to say, they desired it as beeing very well instructed in the antient Law and Custom touching that particular, and of the Kings Do∣minion. Nor can any thing bee said more expressly, for asserting the Dominion of the King of England over the Sea it self. For, it is clearly the interest of him who is Lord or Owner of the place, to impose paiments and services within a Territorie.

Moreover, in the time of Henrie VI, William de la Poole Duke of Suffolk beeing accused in k 1.225 Parlament, the principal head of the Charge was, that hee had con∣verted the Subsidie monie to other uses, which had been imposed and levied for the Guard of the Sea. The words in the English are, For the Defence and tuycion and saufe keeping of the Sea, as wee reade it in the Records. A demand was made also in l 1.226 Parlament, in the two and thirtieth year of the same King, of fourtie thousand pounds, For the defence and saufegard of the Sea; as wee reade likewise in the Records. But why do I cite them here? In those m 1.227 Acts of Parlament which are published abroad in Print, wee very often finde it, as a thing asserted by the Estates of the Realm in Parlament, that the Kings of England have time out of minde, by auto∣ritie of Parlament, taken large sums of monie, by way of Subsidie or Custom, upon Merchandise either imported or exported, For the defence of the Realm, and the keeping and the saufegard of the Seas, for the entercourse of Marchandise safely to come into and to pass out of the same (which is the usual form of words.) That is to say, these words are part of the Preface or Preamble which was usually placed in the beginning of any Law or Statute, where∣by that most known Custom or Impost of Tonnage and Powndage was wont to bee imposed, For the keeping and sure defending of the Seas against all per∣sons entending or that shall extend the distur∣bance of us your said Commons in the inter∣course and the invading of this your Realm. So that the King of England hath ever been so accounted the Arbitrator and Lord of Commerce throughout

these Seas, that it could not lawfully bee hindred without his Commission. Which truly is a manifest evidence of that Dominion or Ownership, whereof wee treat. And here you see also that the defence of the Realm, that is, of the Island (for somtimes the Isle alone, and somtimes the Sea also, as I shall shew by and by, is comprehended in that name) and of the Sea, as of those things which are held and possessed by one and the same Right, is joined together. The Tribute or Custom afore-mentioned, which was wont to bee im∣posed, and the usual form of the same Imposition, may bee seen compleat in the printed Acts of Parlament of K. Kdward the Sixt, and others following. But it ap∣pear's most certain by the Rolls, that the Predecessors also of this Edward, whose Records are yet extant, did enjoy the same or the like, according to the various Cu∣stom of the Times.

Observations touching the Dominion of the English and Irish Sea, from the tenor and varietie of those Letters Patents or Com∣missions Roial, whereby the Admirals of England were wont to bee put in Au∣toritie. CHAP. XVI.

THe usual form of Commission, whereby the High Admiral of England is wont to bee invested with Autoritie for the Guard of the Sea, run's thus at this day, as it hath don also for very manie years past.

Wee give and grant to N. the Office of our great Admiral of England, Ireland, Wales, and of the Dominions and Islands belonging to the same, also of our Town of Calais and our Marches thereof, Normandie, Gascoigne, and Aquitain; And wee have made, appointed, and ordained, and by these Presents Wee make, appoint, and Ordain him the said N. our Admiral of England, Ireland, and Wales, and our Dominions and Isles of the same, Our Town of Calais and our Marches thereof, Normandie, Gascoign, and Aquitain; as also gene∣ral Governor over all our Fleets and Seas of our said Kingdoms of England and Ireland, our Dominions and Islands belonging to the same. And know yee further, that Wee of ••u•• especial grace and upon certain knowledg &c. Do give

and grant to the said N. our great Admiral of England and Governor general over our Fleets and Seas aforesaid, all manner of Jurisdicti∣ons, Autorities, Liberties, Offices, Fees, Pro∣fits, Duties, Emoluments, Wrecks of the Sea, Ejectments, Regards, Advantages, Commodi∣ties, Preheminences and Privileges Whatsoë∣ver, to the said Office our great Admiral of England and Ireland, and of the other Places and dominions aforesaid in any manner what∣soëver belonging and appertaining.

And afterwards there follow verie many other particulars in the King's Commission, setting forth that most ample Command and Jurisdiction. In former times, as hath been alreadie shewn you, this kinde of Commanders were called Custodes Maris, Guardians or Keepers of the Sea, who after∣ward began to bee invested with the name of Admi∣rals, in the Reign of Edward the First. But their Commands were usually restrained to certain Limits of Coasts; So that particular Commanders were som∣times set over each of the Three, Western, Southern, and Northern Coasts, but for the most part over the Western and Northern. Seldom was one set over both, before that the Title of Admiral of England, Ireland, and Aquitain was put into the Commissions; of which more by and by. But as the name of Guardian of the Sea was taken from the Sea it self, whereof hee was Gover∣nor as of a Province; so that of Admirals (a word, whose Original is very uncertain; but 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or a 1.228 Amiralius was used of old for a Commander of a Fleet or Navie, not onely in the West, but also in the Eastern Empire) derived its name of Dignitie, either from the Fleet wherewith hee defended his Jurisdiction at Sea

(as it was usual heretofore) or els from the Land, either bordering upon that Jurisdiction or joined there∣with, as it hath been in the later Form of Commis∣sions. Whereupon, from the time of Edward the first, unto Henrie the Fourth, about one hundred and Fiftie years, they were in solemn manner created Admirals of the Fleet or Navis of our Ships, towards the Northern Parts, or towards the Western Parts or the Southern, or (as it ••••ll out somtimes) of both together. For, the Southern and Western Coast did, as appear's by the thing it self, sig∣nifie one and the same: That is to say, the Coast stretched here and there along the Shore from the North of the Thames. But as the Dignitie of those Officers called Comes and Magister Equitum of the West, Magister Equitum throughout Gallia, Magister Militum throughout the East, Magister Militum through∣out Thrace, and others of that kinde in the Impe∣rial Offices, did no less denote the Autoritie and Ju∣risdiction of them that commanded in these Pro∣vinces, who before were Lords of the Provinces, than if they had been called Comes and Magister of the West, Magister throughout Gallia, throughout the East, and throughout Thrace; so it is evident, that the Admirals of the Fleets and Navies (where∣by the Sea is guarded after the same manner, as the Land is possessed by Land-Forces) did no less set forth the Command and Dominion, and civil possession of those that had autoritie over the Sea (who before were Lords of the Sea) then if they had been styled Guardians of the Sea, Commanders, or Admirals, in their Com∣missions. And such as were so constituted▪ Admi∣rals of both Coasts, or of the whole English Navie, were somtimes by a general name b 1.229 called Admirals of

England over the Sea, before that form of words was put into the Royal Commissions. And of this sort of Admirals you have a Catalogue set down by that eminent man Sir Henrie Spelman in his Glos∣sarie, where there are others also that follow.

But such a change hapned in the Form of the Com∣missions, in the time of Henrie the Fourth, that there was one man appointed Admiral not onely of the fleets or Navies, but of England and Ireland (over whose Fleet of Ships or Navie for Defence of the Irish Sea, somtimes a particular person was made Admiral, as was c 1.230 Thomas Percie Earl of Worcester) yea and in express words also Admiral of Aquitain and Picardie; As was Thomas Beaufort (who also was Duke of Excester under Henrie the Fifth) in the d 1.231 thirteenth year of Henrie the Fourth, after hee had surrendred the Commission, whereby hee had be∣fore been made Commander of the Fleets: And hee was the first (for ought wee know) that was created in this manner. But in the next Form of Commission the name of Picardie was left out▪ So indeed in the fourth year of Henrie the Sixth, or Anno Dom. MCDXXVI. John Duke of Bedford was by Commission e 1.232 made Admiral of England Ireland and Aquitain. That Form continued about 88. years, or throughout the Reigns of Henrie VI, Edward IV Richard III, Henrie VII, and the three first years of Henrie VIII. And about that time, ten others were in like manner made Admirals, for the most part per∣petual, of England, Ireland, and Aquitain; the last of which was John Earl of Oxon, who was Commis∣sionated in that f 1.233 Form, in the first year of Henrie the Eight. But there followed another alteration, or addition of Titles, in the fourth year of that King,

Anno Dom. MDXIII. At that time, Sir Edward Ho∣ward Knight, son of Thomas Earl of Su••••ie, af∣terwards Duke of Norfolk, was made g 1.234 Admiral of England, Wales, Ireland, Normandie, Gascoign, and Aquaitain. To which words, h 1.235 Calais and the Marches thereof are added in the Commission of William Fitzwilliams (who also was Earl of Southampton) beeing appointed Admi∣ral in the twentie eight year of King Henrie the Eight. This Form of Commissions held in use after∣ward, through the whole Reign of that Henry, adding (according to antient Custom) the clauses touching Jurisdiction. But in the beginning of Edward the Sixt, Thomas Baron Seymour of Sudeley, brother to Edward Duke of Somerset, was made Admiral i 1.236 almost in the same words, as that William Earl of Southampton; inserting after the name of Calais, Boloign and the Marches of the same. After him followed John Earl of Warwick, who was created by Edward the Sixt, in the third year of his Reign, k 1.237 our Admiral of England, Ireland, Wales, Calais, and Boloign, and our Marches of the same, of Normandie, Gascoign, and Aquitain; as also Governor general over all our Fleets and Seas; And in the same Commission hee is styled after∣wards, Great Admiral of England and Governor of our Fleets and Seas. But after a while, the name of Boloign being omitted, the next high Admiral of England was created in the very same Form of words, as is mentio∣ned before in the beginning of the Chapter. For, in the same l 1.238 Form was William Baron Howard of Ef∣fingham Son of Thomas Duke of Norfolk, made Admi∣ral in the beginning of Queen Marie, or Anno Dom. MDLIII. And the Command or Government of those Seas, as the principal charge of that Office or Dignitie, is more notably expressed there, as you may see, than in the Commission of the Earl of Warwick.

From that time forwards, the very same Form was kept alwaies; as in the Commission of the high Ad∣miralship granted to Edward Baron Clinton (afterwards Earl of Lincoln) in the Reign of m 1.239 Philip and Marie; also in the Commission of Charls Baron of Effingham, after∣wards Earl of Nottingham, in the time of Q. n 1.240 Elizabeth; and of Charls Duke of York, in the time of King o 1.241 James; besides George Duke of Buckingham, who en∣joied the same Office or Command in the same words, in the Reigns of p 1.242 James and Charls. So that for above eightie years or thereabout (that is, from the beginning of Q. Marie) the whole form, as it is set down in the beginning of this Chapter, was ever expressly retein∣ed in the Commissions of the high Admiralship of England, so far as they denote either the Countries, or the Seas, or the Dominion of the same. But there∣in the Admiral is styled Governor General over all our Fleets and Seas, (just as John Earl of Warwick was likewise expressly appointed in general tearms under Edward the sixt) or over our Seas aforesaid. But what were those Seas, or the Seas aforesaid? They are in the fore-going words expressly called the Seas of our said Kingdoms of England and Ireland, our Dominions and Islands of the same. That is, in plain tearms, Mer 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 sometimes also described in q 1.243 our Laws, which are called like∣wise now and then by r 1.244 our Lawyers, Les quatre Miers d'Engleterre, or the four Seas of England, divided accor∣ding to the four Quarters of the World. So that in the most received form of this Commission, after the beginning of Queen Marie's Reign (out of which al∣so the sens and meaning of former Commissions is

to bee collected) wee have a continual possession or Dominion of the King of England by Sea, pointed out in express words for very many years. And what wee have alreadie spoken by way of Collection out of these that followed the beginning of Marie, touching the sens or meaning of former Commissions, wherein a positive Command of the Sea is not expres∣sed, is truly (to omit the thing it self, which sufficient∣ly intimate's as much of its own nature) not a little confirmed upon this ground, that hee also, who before any express mention of our Seas, took place in the form of the Commission of the high Admiralship, was next preferr'd to the same dignitie, was immediately after his Creâtion, according to the whole Title of his Office (as beeing the same title which indeed alwaies belonged to the Admirals of England) styled; Great Admiral ofs 1.245 England, and Governor General of the Navie and our Seas. So verily Thomas Baron Seymour (whom I mentioned before) is styled Admiral of England in the Patent Roll granted to him by Edward the sixt.

It is proved by words plain enough in the form of the Commissions for the Government or command of the high Admiral of Eng∣land, from antient to the present time, that the Sea, for whose guard or defence, hee was appointed by the King of England as Lord and Soveraign, was ever bounded to∣wards the South, by the shore of Aquitain, Normandie, and Picardie. CHAP. XVII.

BUT in the Form alreadie shewn, which hath continued in use for so many years, you see menti∣on is made onely of the Seas of our Kingdoms of England, and Ireland, our Dominions, and Islands belonging to the same, as the Province, for whose guard or defence the Admiral was appointed; that is, (as wee have told you) the English, Irish, and Welch Sea, all which is conteined under the name of the British, as it hath been observéd at the beginning of this Book. Yet the names of Nor∣mandie, Gascoign, and Aquitain, besides Calais, are added, which are Provinces seated upon the shore over against us. As to what concern's them in this place, they are either to bee considered in the same manner as if they had been alwaies held in subjection by the English from the time of the first mention of them in the Commissi∣on; or as they have alreadie for som Ages past been out of their Jurisdiction.

But suppose in the first place, that they had alwaies remained in the Jurisdiction and Possession of the Eng∣lish.

Questionless, howsoêver the Admiral of England might then, according to this Form of Commission, have had Courts of Admiraltie in those Provinces (as there is no place almost without Courts of Admiraltie, even where not any Dominion of the Sea at all is pre∣tended to belong unto the place, wherein they are held) yet by no means might hee thence bee called Comman∣der of the Sea it self (if so bee you except the Ports, and such like Creeks of the Sea, which are as it were incorporated within Land) either as it may bee said to belong to Normandie, or to Aquitain, Gascoign or Picardie: But by virtue of this form of Commission, hee had exercised Maritim Jurisdiction in those Provinces be∣yond Sea, no otherwise almost than our Admiral in England, and Ireland, or others the like do at this day, over men's persons & goods upon the African, Mediterranean, Indian, or any other Sea at a remote distance: For, the extent of such a Jurisdiction by Sea is without bounds. But the extent of his Jurisdiction, or of the Sea, over which hee is placed Admiral, as Warden, Guardian, or President, to defend and keep it under the Dominion of him who is Lord thereof, are bounded. And it suffici∣ently appear's by express words of the antient form of Commission, that no Sea is conteined therein, as a Pro∣vince to bee defended, but that which is either English, Welch, or Irish, or relate's to England, Wales, and Ireland, as an appendant. From whence it follow's, that those names of the opposite shores in the Commissions do not at all mention the Sea flowing between as proper to those shores, or belonging to them in any kind, but serv onely as a limit beyond the Sea (so far as concern's the limiting of the English and Irish Sea;) as those names also of England, VVales, and Ireland, serv in stead of a limit on this side of the Sea, so far as in the Commissi▪

on they denote the Sea under the Admiral's Charge or Protection: So that, even as that Officer called the Count of the Saxon shore throughout Britain, was eminently ac∣cording to the name of his dignitie, Commander of the whole Sea flowing between Gallia and Britain, as of a particular Province, (which hath been shewn a 1.246 al∣readie) and had the name of the opposite shore for the limit of his Jurisdiction; so the high Admiral of Eng∣land, or Commander of the Sea belonging to the Eng∣lish Empire, hath in the King's Commission the shore of Normandie, Gascoign, Aquitain, and Picardie, to set forth onely the beyond-Sea limits of his Jurisdiction or Command (so far as hee hath charge of defending the Sea-Province or Dominion belonging to England) in those shores which lie over against us. For, if any say, that the case is otherwise, wherefore then is not the sea over which hee hath command, denominated from som of these shores over against us, as well as of the English, Irish, and Welch, or the Seas of the Kingdoms of England, Ireland, and Wales, and of the Dominions and Isles belonging to the same? The Reason is, becaus no other Sea, as it fall's under a Civil consideration (for wee speak not here of the denomination given by Geo∣graphers) doth flow between the Territories on this and the other side of the Sea which are mentioned in his Commission. Therefore as in that Roman dignitie of the Count of the Saxon shore throughout Britain, the shore was the transmarine bound or limit of that dignitie, so also in the Command of the high Admiral of England (so far onely as hee hath a Province or Jurisdiction by Sea, as a Governor of a Territorie) those opposite shores or transmarine Provinces, named in his Commission, are to bee reckoned the Bounds of the Sea under his Charge or Protection. And this truly is sufficiently

apparent from the words of the Commission alreadie handled, if so bee wee suppose (as hitherto wee have don for discours sake) that the Kings of England did, all the while that form of Commission was in use, re∣tain those Beyond sea Provinces under their Dominion as the Romans had don of old. But the matter is made more evident, if wee observ how the names of those Provinces have, at least, from the time of Queen Marie, been so kept in the form of this Commission, that since her Reign there remain's not the least ground for any of those in the Commission, to signifie any other thing than what wee have alreadie declared: For, in her Reign Calais was yielded up to the French, and since that time, the English have not been possessed of any Province up∣on any part of the opposite shore.

Moreover also, in the one and thirtieth year of King Henrie the sixt, or Anno Dom. MCCCCLIII. the English were driven out of Gascoign, Aquitain, and the other Provinces of France, by the French King, Charls the se∣venth: Nor was there after the time of this Henrie, any Officer or Governor of Note appointed, or that could conveniently bee appointed by the English either in Nor∣mandie, or in Aquitain it self; yea, nor in Normandie, either after or long before the loss of Aquitain. It is true in∣deed, that the Countie of Guise, Calais, and som other Towns in Picardie, besides those neighboring ones that Henrie the eight gained by force of arms in the same Countrie, remained long after in subjection to the Kings of England; yea, and that a small part of b 1.247 Aqui∣tain yielded obedience, though not constantly, to the King of England, for som years after Henrie the sixt; but not the whole Dutchie. Nor doth it make to the con∣trarie, that somtimes under som of our later Kings, there was one appointed Captain General or Governor over

all our subjects in Normandie, with which Title both Am∣brose Earl of Warwick, and Adrian Poynings were honor'd in the time of Queen c 1.248 Elisabeth. For, they were meer∣ly Generals of the Forces that were transported thither to assist the King of France, not invested at all with any Government or Command of the Dutchie of Nor∣mandie. But yet, even after the time of Henrie the sixt, the name of Aquitain was constantly retained in the Commission of the High Admiralship of England: That is, for one hundred and fourscore years, or there∣about, after the English were driven out of Aquitain, as appear's in the former Chapter. Hereto at length was added (as is shewn there also) the name of Normandie, in the beginning of Henrie the eight: whereas not∣withstanding the King of England, was not possessed of Normandie a long time before, nor in any wise after; nor did hee in that agreement d 1.249 made a little before with the King of France, claim any other possession in Pi∣cardie, besides that of Calais, and the Territorie of Guise, and Hammes. And so it hath continued now for one hundred twentie two years also in the Com∣mission of Maritim Government or high Admiralship of England, without any relation at all had to the Go∣vernment or Command of the Dutchie it self, but one∣ly of the shore, which bounded the Sea under his Ma∣ster's protection, upon the Coast of France. For, al∣though Aquitain indeed was first added to the names of England and Ireland, in that Commission, while the English possessed the Dutchie of Aquitain, nevertheless it not onely so remained likewise in that form of Com∣mission constantly, even after the expulsion of the Eng∣lish, until our times, but Normandie also (which had never been named before in the Commission of high Admiral of England) was added, and this som Ages

after that the English were wholly deprived of the Dutchie it self: So that either these names do serv in stead of a Limit to the Sea under his protection, or els wee must perforce admit contrarie to reason, that they signified nothing in the Commission for so many years. For, wee see that those names of opposite Shore were reteined in the Admiral's Commission, even from the end of Queen Marie's Reign until our times, or for the space of 77 years, though the English in the mean time were not possest of the least part of France; as also that Normandie was added many years before, but yet long after the English were outed of its possession. Nor ought any man fondly to ima∣gine that these Names were inserted, becaus of that right the King of England had to the Crown of France. For indeed, the Kings of England have, by an antient Right, usually entitled themselvs Kings of France: Also the Dutchies of Aquitain and Normandie and the other Provinces of France mentioned in this Commis∣sion, are comprehended in that name of the Kingdom, as the lesser in the greater. But if that had been the caus, certainly the name of France should have been ascribed to our Admiral; yea, and other Officers of that Kingdom have been made in the same manner by the King of England after hee was driven thence: Of which thing there is not the least evidence indeed any where exstant. And it is to bee observed, as soon as ever an alteration was made in the Draught of the Commission, from that denomination of the Command of the Admirals of England, which was deri∣ved from the Fleets and Coasts over which they had command, unto that which is made up of the Kingdoms and Provinces, that then an Addition was made of Aquitain; to the end that the limit or Bound,

as well on this as the other side of the Sea, might bee pointed out by the Shores: The name of Normandie beeing added afterwards, and reteined still together with Calais and the Marches thereof and Aquitain, up∣on the same account. But while that the Kings of England were in former times possest of Normandie, A∣quitain, and other Countries in France, there are not found in the form of Commission, wherein the King∣doms and Provinces (as hath been alreadie shewn) are expressly nominated, any other Admirals or Governors of the Maritim Province or Domi∣nion by Sea made by them, besides those to whose care the Fleets and Coasts were committed in the manner alreadie mentioned; that is to say, the whole Sea flowing between our British Isles and the Provinces over against them, and the Fleets belonging to any Territories whatsoëver of the Kings of England, were at that time by a peculiar right of the Kingdom of England in the Sea, so subject to them who were so put in Command over the English Fleets and Coasts, that there remained neither place nor use for any other Commanders of that kinde. Which may bee said likewise of those times, wherein som of the Kings of England stood possessed also of the Kingdom of France; as Edward the Third, and the two Henries 5^th and 6^th. Nor is it a bare conjecture, that they did not put any others in command over the Sea and Fleets, besides those to whom, by right onely of the Kingdom of England, the power was committed (to wit, according to that right which comprehended the whole Sea flowing between) but it is sufficiently proved also upon this ground, that wee have the antient publick * 1.250 Records of those times, touching the Offices constituted by our Kings in

France, and those Provinces beyond Sea, in most whereof I finde not the least sign of the con∣trarie.

And if it bee demanded here, wherefore it was that the Shore of Bretaign was omitted (which in like manner lie's over against our Isle of Britain, and together with the Shore of Picardie, Normandie, and Aquitain, sufficiently take's up that whole Tract which stretcheth it self in the Realm of France, before the English and Irish Sea;) certainly, if the aforemen∣tioned reason take place, there is little caus to doubt that it hapned thence, becaus the King of England was not at any time so possest of Bretaign, that beeing outed of it, hee needed to bee very sollicitous touching the Bounds of the Sea-Territorie adjoining. Distinct Lords of Territories confining on each other (as were the King of England and Duke of Bretaign here∣tofore; for Bretaign had Kings and Dukes of its own before Charls the Eight, under whom, Anno Dom. 1491. it was united to the Realm of France) do for the most part keep their Bounds so distinct, that they may bee the more evidently taken notice of by all; but when of such kinde of Territories there is but one and the same Lord (as the King of England was while hee possessed either Normandie or Aquitain or any other Ma∣ritim Province in France together with England) hee bee∣ing outed of either, ought above all things to take care that the past confusion of possession bee not prejudicial to the future distinction of Bounds. For fear then, lest it might have been pretended that even the Sea ad∣joining or confining with those Maritim Provinces, which were a long time heretofore possessed by the English and afterwards taken away, was taken away

together with the Provinces, whenas perhaps, by reason of the past confusion of possession in one and the same Lord, all men might not bee sufficiently instructed touching the Bounds of the English Sea placed, as wee have said, upon the Shore over against us; there∣fore for the setting forth of those Bounds, the name first of Aquitain after its beeing lost was reteined in the Ad∣miral's Commission, and then that also of Normandie was added. And afterwards both of them, with the name of Calais and the Marches, in stead of the Shore of Picardie, were for the same reason continued down to our times. Which reason truly could not con∣cern Bretaign at all; nor Flanders likewise, nor any other Shores lying Eastward over against us: All which nevertheless do, after the same manner, bound the Sea-Territorie of England. Moreover, those things that have been hitherto observed, shall bee confirmed, by what wee shall add next, touching the Office of Admiral among the French.

Touching the Admirals of the Kingdom of France, or those constituted upon the opposite Shore; their Original, nature, and varietie. That the Sea it self flow∣ing between Britain and France, is not conteined in that command of his, as of one that is Governor of a Territorie or Pro∣vince; nor is there any thing in it that may oppose the Dominion of the King of England by Sea. CHAP. XVIII.

THat there were Admirals also constituted by the French King upon the opposit Shore of France, is known to everie man. And as there is an Ad∣miral appointed in Gallia Narbonensis to over-see mari∣tim Affairs there, so also on the opposite Shore, there are distinct Offices of the Admiral of Aquitain, Bretaign, and Normandie and the adjoining Coasts. But the French Lawyers of late are wont to call their Admiral in Latine Praefectus Maris, Governor of the Sea, as if the Sea were subject to him also as a Go∣vernor; whereas notwithstanding, if the thing bee rightly consider'd that Government of the Sea by what name soëver it bee called, doth not signifie (as among the English) any Dominion of one having command in any nearer part of the Sea (for, wee speak not of the Sea of Marseille, which hath no relation here∣unto

but onely of their Naval Forces in any Sea whatsoëver; together with the Government of the Sea-men and Jurisdiction over their persons and moveables, which may fall under the determinati∣on of a Judg pour raison ou occasion (as they a 1.251 say) de faict de la mer, that is, by reason or upon occasion of any suit or controversie arising about Sea-Affairs. For the more plain understanding whereof wee must make farther en∣quirie.

In the more antient times, there were indeed Admi∣rals or Governors of Sea affairs among the French, yet so that their Writers do not a little differ about the original of the dignitie. They for the most part say, that Rotlan∣dus is found to have been Governor of the Sea of Are∣morica or b 1.252 Bretaign under Charlemaign, whom they fetch out of Eginhartus who wrote the life of Charls at that time. But in Eginhartus he is expressly called Governor, not of the British Sea, but onely of the Shore of Britaign, as wee told you in the * 1.253 former Book: In which name there is a description, not of one that govern's the Sea as a Province, but who command's the Shore as the limit of his dignitie. That is to say, of the same kinde as those Counts (or officers) were, who were c 1.254 deputed in that Age to guard the Sea Coast, and secure it from the incur∣sions of enemies by Sea. There is also a d 1.255 nameless Autor of a Chronicle belonging to a Monasterie called Mona∣sterium Besuense, who write's that this guarding of the Shores under the Caroline Kings was given over a little after the time of Charlemaign. But in the following Ages, the Kingdom of France, beeing divided as it wereby piece-meals into several principalites, that which a long retained this name of the Kingdom of France, was re∣duced into so narrow a compass, that the Province of Narbon was held by Sovereign Earls of its own, Aquitain

or the Western Shore which lie's more Southerly with Normandie by the English; Bretaign either by Kings or Dukes of the same, aud Flanders by Earls: So that whilst the whole Sea-Coast, except Picardie, remained separate from that Kingdom, there was Sea little enough lying before it. Yea, and the Naval Forces were small enough, of which (be∣fore the accession of a larger Sea-Coast to the French Kingdom) there was most use in the expedition of the holy War. Nor was any other Governor wont to bee appointed there by the name of Admiral, then hee who as occasion required was put in Command over the Navie and Militarie Affairs by Sea, yea, and was borrowed from som Nation bordering upon the Sea, as the Genoeses or others of that kinde. But the Kings themselvs had at that time no Command over the Sea, as it is expressly written by Johannes Tilius, a Clark of the Parlament of Paris. His words are these; e 1.256 After that the King∣dom of France was lessen'd by divisions, and the Kings con∣fined to more narrow Dominions, becaus they had potent Vas∣sals who enjoied Feuds with absolute Soveraigntie, if you except their homage (for, the King of England held the Dutchies of Normandie and Aquitain; Britain had a Duke of its own; and slanders, Tholouse, and Provence had their Earls) the Kings of France for 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 which time they made use of Genoeses whom they hired, with Spaniards, or other of their neighbors that were well skill'd in Sea-affairs, to under-take the care of transportation, having no office appointed for that purpose; and by this means they had many Admirals in one single Expedition. But after that the English had quitted Normandie, and the Kingdom

of France had gotten ground upon the Sea-Coast, the use of Sea-Affairs also was somwhat augmented; That is to say, about the times of John and Henrie the third Kings of England. So that the first Admiral that they reckon in the Catalogue of French dignities, of whom any memorie is left to posteritie, was Engue∣randus Coucaeus, in the time of Philip the Bold King of France, or about the year 1280, as it is related by Jo∣annes Feronius. And what kinde of dignitie his was, appear's sufficiently thence, that his next Successors Matthew Momorancie, and John Harcourt were onely, up∣on a particular occasion, put in command over the Sea-Forces by Philip the fair; as wee f 1.257 understand by their Commission. Yea, and they are mentioned by William de Nangis, by the title of Admirals; as others also are by g 1.258 Joannes de Beka, in the time of Philip the fair. Al∣though h 1.259 Joannes Tilius reckon's Amaurius Viscount of Narbonne, to bee the first that bare the dignitie of Ad∣miral in France, as a constant setled Office over the Af∣fairs of the Sea; to wit, in the time of John and Charls the fift Kings of France, that is, about the year 1300; whilest i 1.260 others are too busie in summing up divers other particulars, touching the Antiquitie of this com∣mand among the French. Afterwards Aquitain was added to the Dominion of the King of France, in the year 1453. Henrie the sixt of England beeing driven out. But in the year 1481. the Province of Narbonne; in the year 1491. the Dutchie of Bretaign; and lastly, in the space of som years, all that the English held in Picardie, was added also. So all the Sea-Coast, except Belgium, returned into the Patrimonie of the Kingdom of France. Hereupon it came to pass, that four Sea-Governments or Admiralships were afterwards in use therein, not∣withstanding that somtimes one and the same person

held several together. But of these, the Government that belong's to the shore of Normandie and Picardie, is at this day usually called the Admiralship of France, be∣caus before that the Province of Narbonne, Aquitain, and Bretaigne were annexed to the patrimonie of the Crown; the onely Maritim Government in the Realm of France, was that of Picardie, whereto Normandie was added afterward, as the next Province; the other three beeing denominated from their respective Provinces. The whole matter is very well set forth by Renatus Chop∣pinus. k 1.261 There are (saith hee) four Governors of the French Sea, who bear an equal command under a different title, and upon several Coasts of the Sea. For, in antient time, Aqui∣tain was possessed by the English, Bretaign by its Dukes, Provence by Hereditarie Earls, not by the Kings of France. And therefore at that time, the Admiral of France had com∣mand onely over the Belgick Sea of Picardie, and Norman∣die, as far as the Coast of Bretaign. But then all the o∣ther bordering Princes chose Governors of the Sea, or Admi∣rals▪ peculiarly for themselvs. And therefore the English beeing driven out of Aquitain, and the Countries of Provence, and Bretaign, beeing brought into subjection to the Crown of France, the King supposing it not fit to innovate any thing, ap∣pointed a Lievtenant and Admiral of Aquitain; likewise a Go∣vernor of Bretaign, with the government of the Sea; as also in the Prouince of Gallia Narbonensis, in a manner distinct and apart from the rest. But the chief Courts of Judicature belonging to the French Admiral, are setled at Paris, and Roan. So hee. And a little after hee write's, that there were Princes, not a few, who held the Sea-Coasts as Be∣neficiaries, that enjoied the power of Admiral in their Territories. But wee have Edicts and Decrees con∣cerning the Admiral's Jurisdiction over the Maritim Forces, Affairs, and Persons, in the times of l 1.262 Charls

the fift and sixt, Lewis the 12^th, Francis the first, Henrie the 2^d & 3^d, and other Kings of France; as also touching the Tenths of Spoils taken from Enemies, and other things of that kinde which relate unto the Goods and Persons of such as are subject to the Crown of France, upon the account of any manner of Navigation whatsoêver. And in these Edicts hee is somtimes called by the King, Nostre m 1.263 Lieutenant general per la mer & greves d'icelle, that is, our Lieutenant general throughout the Sea and the shores thereof. But this Lieutenant or Governor (as they pleas 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 same manner as the Admiral of England) but in the Sea onely over the n 1.264 Naval Forces, Persons, and Affairs belonging to the French Jurisdiction; much after the same manner, as a Soveraign Prince take's cognizance of Offendors of his own Retinue in a Forein Terri∣torie, and rule's them as at home; but without any pre∣tence of his to a right of Dominion in that Territo∣rie. Which truly there is no man but will conceiv, that shall in the first place observ the defect and deep silence of antient Testimonies, touching such a kinde of Dominion among the French, besides the Qualitie of that Government among them, and at length the entire and most ample Power alwaies exercised throughout the Sea and the shore lying about it, un∣der the sole command of the English, and will but compare it for so many Revolutions of years, with those so long broken and divided Dominions upon the opposite shore of France, and with the late addi∣tion of the Sea-Coast to the Kingdom of France, accor∣ding to those things which have been alreadie spoken

about it. It is clear, that there are no Testimonies be∣fore our time, concerning any Dominion of this sea, belonging to the King of France. Nor are there any in our time, except certain Lawyers, who speak of it either by the By, or in a Rhetorical flourish onely, not in a way of asserting it by strength of Arguments. Of these things I have spoken alreadie in the former Book; where also other matters are alleged, of speci∣al observation, which confirm what is handled in this particular. But now let us add hereunto, that the very French Historians, both of the past and present Age, do affirm, that in antient times the Kings of France therefore either had no Admirals at all, or els that they were constituted now and then (onely as occasion required) becaus they had no Empire over the Sea, as Tilius saith expresly in the place above-mentio∣ned. In vain therefore doth o 1.265 Popellinerius reprehend those Historians, in saying it is fals, becaus Normandie, Picardie, and Flanders, were heretofore under the French Dominion. For, not to mention this, that the Kings of France reigned a long time without the possession of Normandie and Flanders, and reteined not any other shore besides that of Picardie, (as appear's by what hath been alreadie shewn, and by the fre∣quent Testimonie of Historians) and the consequence doth not appear to bee good, that they had any com∣mand over the Sea, becaus they were in possession of som Sea-Coast; no more truly than it may bee con∣cluded, that a man is Lord of a River in France, be∣caus hee hath Lands lying by it: whereas by received Custom according to the p 1.266 Law of France, the King is Owner of all Rivers that are Navigable, where they belong not to som subject by a particular prescription of possession, or som other title, besides the possession

of the adjacent Land, as the Custom is not unusual al∣so in other places.

But as to what concern's the Qualitie of this Mari∣tim Government among the French; it is to bee con∣sidered, 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 respect's any Pro∣vince or Government within the limits of the French Dominion, as the Constable, the Grand Escuyer, or Master of the Hors, the Grand Master, and others; yet the Admiral of France, hath no place at all upon that ac∣count: As it was determined in the time of q 1.267 Hen∣rie the second, when such a place was plainly deni∣ed to Gaspar Collignie Admiral of France, as hee was Admiral, or had the Maritim Government; but it was granted him as Governor of the Isle of France (as they call it) under the King. For, by the title of Admiral, hee had no Government in Chief with∣in the limits of the Kingdom; but becaus beeing Admiral of the Fleets and Sea (in the aforesaid sens) which is out of the King's Dominion, hee exercised Jurisdiction over Persons and Affairs onely upon the Accompt of the Sea; therefore in this respect hee was to bee denied any place. For which caus like∣wise it came to pass (as it seem's) that those four di∣stinct Admirals before-mentioned, have in like man∣ner also a Government of Provinces, from which they are wont to bee denominated, as wee understand by these passages alreadie cited out of Choppinus, 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 shores of France, do enjoie an equal privilege with the other more eminent digni∣ties,

of the Realm. Moreover also, the Regulation of those Rivers whereof the King of France is Lord, are not under the Admiral's Government, but under the special charge of those Officers, that are called Pre∣sidents or r 1.268 Masters of the Waters and Forests. That is to say, the publick Waters which are within the Bounds of the Kingdom, and over which the King hath Dominion, do belong to another dignitie; not at all to the Admiral, who, according to the general na∣ture of his Office, is not appointed to take charge of any Province there, much less of the Rivers (as in Eng∣land.) The principal intent therefore of this Office or Dignitie is onely to command the Fleets by Sea; For which caus also som years since Henrie of Momorancie Admiral of France, having set up a Statue on hors back at Chantillie in honor of his Father Henrie Duke of Mo∣morancies 1.269, call's himself in Latine onely Navalis Militiae Magistrum, Master of the Militia by Sea, instead of Admi∣ral, So that never any Admiral constituted by the French King either of France, or Britain, or Aquitain, had any autoritie in the Sea it self, whereby hee might challenge a Dominion to himself as Governor or Com∣mander in Chief; which may bee said in like manner of all the Admirals of the Belgick and the neighboring shore on this side, and of the Cantabrian or Spanish shore on the other side: For, the autoritie of them all, so far as concern's this particular, hath been and is alike. Wee know indeed, that this dignitie was wont to bee styled Admiral of France, and Governor of the Roial Navie, as the same Dignitie among the English was usually called in the same manner, Admiral of England, and Go∣vernor of the Roial Navie, in t 1.270 several Leagues that have been made betwixt the English and French▪ But it is clear by what hath been shewn, that they bare the Of∣fice

or Dignitie called by the same name upon a different accompt; And the Qualitie of a Dignitie is to bee va∣lued by the nature of the Charge, not by the bare name or title. And let so much serv to bee spoken touching the defect of antient Testimonies, and the Nature or Qualitie of the Government.

But now as to what concern's the most ample and entire Command of the English for very many Ages, and the comparing of it with those several Govern∣ments heretofore on the opposite shore; it is most certain, that there was almost from the very begin∣ning of the very first Times of the English-Saxons one entire Empire throughout England, and so on the whole shore which lie's over against Germanie, France, and that part of Spain, called Biscay, and this also in the time of that Heptarchie which is mentioned by Wri∣ters: For, there was alwaies som one person who had most power therein, and to whom the rest yielded obe∣dience, as wee are told by u 1.271 Beda. And touching that particular there is a notable Testimonie in Alcuinus, where by reason of the Quarrels betwixt Offa King of the Mercians, that is indeed, of the most large, and in a manner the most midland part of the Heptarchie, and Charls (sirnamed the Great) King of France, Navigation was so x 1.272 prohibited on both sides, that Trade was whol∣ly obstructed; which truly cannot bee conceived, unless these large Territories near the Sea had been under the Dominion of Offa; yea, the Inscription whereby Offa was wont to set forth his Roial Title, was often ex∣prest after this manner, y 1.273 Offa, by the Grace of God, King of the Mercians, and also of the Nations round a∣bout. But after the time of Egbert or the 800 year of our Lord, there is a continued Catalogue plain enough of those Kings whether English-Saxons, or Danes, who

(unless you fondly except Edmund the Anglo▪Saxon, and Canutus the Dane, by whom the Kingdom was for som little time divided) did Reign without any other sharer in the Dominion upon this shore. No wonder then that the Kings of England beeing entire and abso∣lute Lords in command of so ample a shore, for so many Ages, did also take special care to retein the Do∣minion of the Sea lying before it, as an Appendant of the Island; especially seeing they not onely had so long and large a command likewise on the shore over against us, but also there were not any of their neigh∣bors that could in any wise hinder it, except such as possessed som pettie Countries bordering on the Sea (which truly may bee so called, beeing compared to the spacious shore of the English Empire) and those also that were under distinct Jurisdictions.

The summe of all this is, seeing that about the be∣ginning of our great Grand-Father's daies, there was onely a very small shore 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 shewn) was afterwards enlarged, did not so much as pretend any Right to the Dominion of the Neighboring Sea, upon the in∣terest of those Provinces; and seeing no Testimo∣nie can bee had in the Monuments of antient Wri∣ters concerning such a kinde of Dominion, but that very many are found touching the Sea-Dominion of the Kings of England, they having continually posses∣sed the whole English shore in its full latitude under one entire Empire for above a thousand years, and concerning the perpetual enjoiment of the Sea, as an Appendant of the Kingdom; Therefore it follow's,

that their Right is very manifest in this particular, and so that the Sea it self is a Province under the tuition or protection of the Admiral of England, as part of the Kingdom; but that the Admirals of the shore lying over against us are not in reason to bee called Gover∣nors of the Sea, in such a sens as may signifie any Dominion of a Commander in Chief in the Sea it self, out of the Ports or other In-lets of that kinde. For which caus also it was, that som Ages since ve∣ry many of the Neighbor-Nations understanding well enough the Right of England, made their Com∣plaint in express tearms against Reyner Grimbald Ad∣miral of the King of France, becaus that l' Office del Ad∣miralté en la mier d' Engleterre per Commission de Roy de France tourcenousment Emprist & usa un an & plux, &c. That is, becaus hee had arrogated to himself and for the space of a year exercised the Office of Admiraltie, by the King of France his Commission in the English Sea. The old Records from whence this is taken, are set down entire by and by; where you have more also that make to the same purpose. And so much may serv to bee spoken touching the Guard or Government of the English Sea, as a part of the King's Territorie or Province and Patrimonie of the Crown.

That in the Dominion of those Islands ly∣ing before the shore of France, which hath ever been enjoied by the Kings of England, it appear's that the possession of the Sea wherein they are situate, is derived from their Predecessors. CHAP. XIX.

THat a Possession and Dominion of this South∣ern Sea, hath been held also of old by the Kings of England, is not a little manifest by the Domi∣nion of those Islands that lie before the shore of France. For, 'tis generally known, that after King John and Henrie the third were driven out of Norman∣die it self, that the Isles Caesaria and Sarnia (which wee call Jersey, and Garnesey) Aureney, and som other Neighboring Isles lying near the shores of Nor∣mandie and Bretaign, yea and situated within that Creek of Sea which is made by the shore of Bretaign on the one side, and that of Normandie on the other, have in the following Ages, b 1.274 both now and heretofore, re∣mained in the Dominion of England. But by the sen∣tence passed against K. John, as Duke of Normandie, for the murther of his Nephew Arthur, the French would have him deprived of all the Right hee had to Norman∣die. And afterwards c 1.275 Henrie the third resigned his Right to Normandie. But suppose wee grant what is commonly received, that these Islands were of the

Norman Jurisdiction, or belonging to the Dutchie of Normandie; yet truly even so, they neither could bee taken away by the sentence, nor did they fall to the French by Resignation, forasmuch as the pos∣session of the Sea, and so of the Islands placed therein, was still reteined; after the same manner almost as manie Priories were in England it self, who though they were belonging to the Norman Go∣vernment in Church-matters, yet even as they were of the Government of Normandie, they ever remain'd under the Dominion of England, as long as the Pri∣vileges of Monasteries were in force among the En∣glish; as beeing situate within the undoubted bounds of the English Empire. Nor is it easily understood wherefore the Islands could have been so reteined, unless they also had been seated within the bounds of the English Empire in the Sea.

But the thing chiefly to bee consider'd here is, that verie manie Foreign Nations, as well as the Estates of England, did in a Libel or Bill of Com∣plaint publickly exhibited in the time of King Edward the First, and King Philip the Fair, before a Court of Delegates specially in that behalf by them ap∣pointed, in express terms acknowledg that the King of England hath ever been Lord not onely of this Sea, but also of the Islands placed therein, par raison du Roialme d' Angleterre, upon the account of the Realm of England or as they were Kings of England. Which truly is all one, as in most express terms to ascribe this whole Sea unto them, as far as the Shores or Ports lying over against us. But concerning that Libel, I shall add more by and by. Nor is it to bee omitted, that the addition of a Shore, larger than that of Pi∣cardie, to the Kingdom of France, hapned first at

that time, wherein those Isles were so reteined by the English after they were outed of Normandie: For before, the Shores of Aquitain, Bretaign, and Normandie, were in the possession of other Princes; that of Aquitain and Normandie beeing possest by the English, and that of Bretaign by the Duke or Earl of that Countrie: So that the French King had nei∣ther any shore almost, nor any considerable use of Sea-affairs at that time; by which means also the English did with the more ease retain the aforesaid antient possession of the Sea and the Isles, after they were deprived of the Norman Dutchie. And this sufficiently appear's also by that Sea-Fight perform'd between the French Fleet (commanded by Eustachius the Monk, in the time of Philip Augustus King of France) and the English Fleet under the Command of Philip de Albenie Governor of the aforesaid Islands, and John Marshal, who both carefully guarded the passages of the Sea, in the beginning of the Reign of Henrie the Third. That is to say, a French Fleet of about 80 Sail was designed to transport Auxiliarie Forces out of France for Lewis (afterwards the Eight of that name that was King of France) who through the Treason of som Conspirators, made War upon the English King in England. This of the French was assailed by an English Fleet of 40 Sail. But d 1.276 Roger of Wendover and Matthew Paris tell us, that part of the French, who had not been used to Sea-Fight, was in a short time wholly defeated. Observ here, they say that hitherto the French were not accustomed to Fights by Sea. But of the English they say, the English be∣ing warlick and skill'd in Sea-Fight galled them with Darts and Arrows, ran them through with their Lances, did execution with their Swords, sank their Ships, and

them with Lime (which they did by throwing the Powder of Lime into the Aër, so it might bee driven by the winde into the French-men's eies) They were deprived also of all hope of relief and succor, and know not which way to slie. The English at that time time beeing expert in Sea-Fight, did by this means make good the possession of their Sea, and the Isles also that are situate therein: For, even this Fight re∣late's to the second year of Henrie e 1.277 the Third, or the year of our Lord MCCXVIII, that is, at the same time almost when the English were first deprived of Nor∣mandie. But as to that which is commonly said, that these Islands first belonged to the English Norman f 1.278 right, or by the right of the Dutchie of Normandie, it is as easily denied as affirmed by any. Nor is there any weight in this Reason, that becaus those Islands have and ever had certain Customs like the Norman, therefore they do belong to Normandie: For, the Norman Customs are often used in England, as the Roman are somtimes by other Nations; yet everie man know's this can bee no ground for such an Argument. Nor is it any more to the purpose, that those Islands were within the Diocess of the Bishop of Constances in Normandie, until that in our Grand-father's daies they became subject to the Bi∣shop of g 1.279 Winchester. Their Ecclesiastick Govern∣ment was a long time derived out of Normandie, with more convenience indeed becaus of the near∣ness of the place; which began, as it is to bee sup∣posed, in those daies when the English possessed the Shores on both sides: But it doth not follow thence, that those Islands belong'd to the Dutchie of Nor∣mandie, any more then that the many Priories here∣tofore in England, who were of foreign Jurisdicti∣on

in Ecclesiastical matters, did therefore belong to the Dominion of foreign Princes, and not to that of the English Kings, as Kings of England. That is every jot as weak also which they use to allege about the Norman Languages beeing in use among the Inhabitants of those Islands. The people of Cornw••l in England have alwaies used the Welch Tongue, at least with a little alteration in the Dia∣lect, as the Bretaigns do also in France; In like man∣ner the Inhabitants of the Isle of Man use the Irish Tongue; yet no man will conclude thence, either that this paie's obedience to the Kings of England, as Lords or King of Ireland, or that the other are subject to their Princes by any right of the Welch Principalitie. Wee know indeed, that somtimes slight mention is made not onely in the proêms of som Charters of later times, but also in several antient Petitions of the Isl••nders, that those Islands 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 those Provinces which in An∣tient time were derived by Inheritance to our Kings in France (of which kinde truly these Islands are to bee reckon'd, if they were held as parts of Normandie) were alwaies permitted so to use their own Customs and antient Forms of Jurisdiction, that they were not at all subject to the h 1.280 ordinarie Jurisdiction of the Courts of England. The same privilege was ever allowed likewise to the people of Aquitain, Anjou, Normandie, and others. Yea, and som Ages since, the Kings of England were pleased to order, that such Controversies as hapned there should not bee decided in any other place out of the Islands, but in their own Courts of Judicature: whereas notwithstanding

it is most certain, that in the Reigns of Edward the i 1.281 Second and k 1.282 Third (times which without doubt made good search into that Right, whereby those Islands were annexed to the Patrimonie of the Kings of England) there were Justices Itinerant, that is, Officers created of old, who were often by or∣dinarie right to take cognisance especially of the more heinous crimes through all the Counties of England; also of such Rights and Privileges of the Crown as were usurp't and arrogated by any, and of other matters for the most part that are usually brought into Courts of Justice, who beeing l 1.283 sometimes also cal∣led Justitiae errantes, Justices errant, were wont to bee sent forth into those Islands as well as into the Counties of England; though the Inhabitants did indeed exclaim, and somtimes preferr'd their Petiti∣ons against this kinde of Jurisdiction. But yet it is most certain that the opinion of those very Of∣ficers (who were themselvs learned in the Law) then was, that those Commissions whereby they were so inabled to administer Justice in those Islands were not onely grounded upon Law (which was the opinion also of those who ruled at that time in this Nation) but also that the very Provinces of the Islands were so incorporated one with another, as they are all with England, throughout the extent of that Sea which lie's between, after the manner of our English Custom in the Provinces or Countries, that, a Caus beeing somtimes inlarged, they might appoint daies of Appearance to any Inhabitants of those Islands, in the King's Bench in England, as well as to the Inha∣bitants of any one of the Isles in the other, after the same manner as is used within England it self: Which appear's by the Commission of John de

Scardeburgh and his Fellow-Justices in the time of m 1.284 Edward the Third, and n 1.285 others of that Age. But it was never heard, I suppose, that upon such an inlarge∣ment, a time of Appearance might by our Common Law bee appointed in any other place but that which is of the same Jurisdiction (as conteined within the Patrimonie of the Crown) whereto also that place be∣long's out of which any one is so adjourned. Nor do I remember, that any such thing was ever so much as attempted in those Provinces, which were not reckoned in the Patrimonie of the English Empire; yet possessed upon another Title by the King of England; as the Dutchies of Anjou, Normandie, Aquitain, and the like. Moreover also, in the more antient Charters of som of our Kings, in confirmation of the o 1.286 Privileges of Islanders, they are noted more than once for such Privi∣leges as they or their Ancestors or Predecessors have enjoied under the obedience of any of our Progenitors beeing Kings of England. Surely, if it had been then believed, that those Islands were a part of the Dutchie of Normandie, it is not to bee doubted but they had added also or Dukes of Normandie, which wee finde truly in som Charters of p 1.287 later time, yet so that in these also those Isles are said in express terms, and that upon verie good ground, to bee retained in sealtie and obedience to our Crown of England. But, in the time of Edward the Third, the Islanders petitioning the King in Parlament for their Privileges and Custom's which had been established time out of minde, annexed the Customs of som of the Islands, among which are these; Item, that no man ought to bee questioned about his Freehold, after hee hath quietly enjoied it a year and a day, unless it bee by Writ taken out of the Chancerie of our Lord the King, making special mention both of the Tenement it self and of the Tenant.

Item, That they shall not bee put to Answer before the King's Justices of Assise, until they first give them Copies of their Commissions of Assise under their Seals. Item, that the King's Justices assigned by Commission for the bolding of Assise, ought not to hold Pleas here longer than the space of three weeks. Truly, these antient Customs seem so to re••••sh, as if those Islands had been subject to our Kings & their ordinarie Jurisdiction, by the right of English Empire, not by the Norman; although the Islanders insinuate also in the same Petitions, that they were a part of the Neighbo∣ring Province of Normandie. Add hereto also, that the ••sle of Serk was granted by Queen q 1.288 Elisabeth to Herelie de Carteret, to bee held in Capite by him and his heirs; that is to say, as a Feud belonging to the patri∣monie of the Crown of England; notwithstanding that it bee unawares, or els carelesly admitted in the Char∣ter of this Grant, to bee within the Dutchie of Nor∣mandie. But in the Treatie held at Chartres, when Edward the third renounced his claim to Normandie; and som other Countries of France that border'd upon the Sea, it was added, that no controversie should remain tou∣ching the Islands, but that hee should hold all Islands whatsoëver which hee possessed at that time, whe∣ther they lay before those Countries that ••ee held, or r 1.289 others: For, reason required this to maintain the Dominion by Sea. Yea, both Jersey, and Gernsey, as also the Isles of Wight and Man are said in divers Trea∣ties held betwixt the Kings of England and other Prin∣ces, to belong unto the Kingdom of England, and to lie s 1.290 near the Kingdom of England. These Isles also were granted heretofore by King t 1.291 Henrie the fift to his bro∣ther John Duke of Bedford, without any recognition to bee made unto Us or Our Heirs, notwithstanding any Prero∣gative of the Crown for any other Tenure held of Us out of

the said Islands, which may in any wise belong unto the said Islands, Castles, or Dominions. Which words seem not in the least measure to admit any Right of the Dutchie. Perhaps also that antient custom was as a token or pledg of the Sea's Dominion beeing conjoin'd with that of the Isles, whereby all the Fish (as it is in the Records of u 1.292 Edward the third) taken by the Fishermen of our Isles of Gernesey, Jersey, Serk, and Aureney, in the Sea, between Easter and Michaelmas, is according to the Custom of those places acknowledged to belong unto Us at a reasonable rate to bee paid therefore, and that the said Fisher∣men are bound to carrie all the Fish by them taken between the Times aforesaid, unto certain places in those Isles appointed, that the Officers under our Governor of the aforesaid Isles, may take thence for our use, at what price they shall think fit and reasonable. Nor is that to bee slighted, which wee finde in the Chronicles of the Abbie or Monasterie of Teuxburie, concerning Henrie Beauchamp Duke of War∣wick, who was invested by Henrie the sixt with the Ti∣tle and Dignitie of King, not onely of the Isle of Wight but also of Gernesey, and Jersey, whereunto the other Isles in this Tract do in a civil sens belong. The same thing is recorded of the Isle of Wight by that Learned man x 1.293 William Camden, and that out of the same Book. The y 1.294 Book it self speak's after this manner; But the noble Lord Henrie Duke of Warwick and first Earl of Eng∣land, Lord Le Dispenser, and de Abergeveney, King of the Isles of Wight, and Gardsey, and Jard∣sey, Lord also of the Castle of Bristol, with the appurtenan∣ces thereunto belonging, died 3 Idus Junii, Anno Dom. 1446. in the twentie second year of his Age, at the Castle of Hanley, and was buried in the middle of the Quire at Teux∣burie. And a little before it is said of the same man, that hee was Crowned King of Wight by the King's own

hand, no express mention beeing made in that place of the other islands, but they reckoned in the same condi∣tion with this, as they were part of the patrimonie of the Kings of England. But it is not to bee believed, that those Isles which lie before the shore of Norman∣die, had been so turned into a Kingdom, though sub∣ject to the Crown of England, unless even they also who made them a Kingdom, had conceived that they possessed them before by a Title superior to that of the Dutchie; that is to say, by a Kingly Title. As King Richard the second, when hee had determined that Ro∣bert Earl of Oxford (who also was Marquiss of Dublin, and Duke of Ireland) should bee creâted * 1.295 King of Ireland, questionless did not doubt but that hee himself in the mean time possessed that Island by no less a Title and Dignitie than of King, although the name of Lord was wholly used there at that time a 1.296 in stead of King, as also until the latter end of the Reign of Henrie the eight. So it is conceived upon good ground, that those Isles, and the Sea lying about them did, though they used different Customs, constitute one entire Bodie of Empire with the Kingdom of England. Whereunto also that special privilege of theirs doth relate, whereby through the favor of the Kings of England, they enjoie the benefit of freedom from hostilitie by Sea, though there bee a Warr on foot between the Neighbor-Nati∣ons round about; but of this more b 1.297 hereafter. And in their Court-Records which contain the Acts or De∣crees of the aforesaid Justices Itinerant, wee very often finde Pleas of the Crown, which phrase is an Evidence of the English Government. Also, in c 1.298 their Trials, those Forms [In contempt of our Lord the King, his Crown and Dignitie] and [Our Lord the King was seised of the afore∣scid Advousen in time of Peace, as of his Fee, and in Right of

his Crown] and others not a few of that kinde wee meet with, which savor not of any Right of the Dutchie. Add moreover, that the King of England so held the Right heretofore, not onely of the Isles over against the shore of Normandie, but of those also which are opposite to Aquitain (as a pledg or concomitant of his possession of that Sea, so 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 small part of Aquitain, yet that Isle lying before it, called Ole∣ron, (no less famous in the West for d 1.299 Naval Laws, than Rhodes was of old) hee granted to his eldest son Edward to bee held in time to com, as a perpetual Ap∣pendant of the English Crown: For, this Claus was added to the Grant [so e 1.300 that the said Isle may alwaies re∣main to the Crown of England, and never bee alienated from the same.] Also in his Letters granted to the Inhabi∣tants of Oleron, hee saith, f 1.301 Wee will not in any wise sever you from the Crown of England. Som years before also, hee in like manner made a Grant of g 1.302 Gascoign (or those parts which lie upon the shore of Aquitain near the Sea) to Prince Edward, upon condition it should remain entirely and for ever to the Crown of England. So without doubt his intent was, that both the Sea-Coasts, and this Isle should in a special manner bee possest by the said Prince, but by no means bee disjoined from the Eng∣lish Empire, any more than the Sea its self, which washt their shores. And although after a while, both this and som other neighboring Isles, did many Ages since, for divers reasons, follow the fate of those French shores which lie next to them, yet in the mean time the Do∣minion of the Sea remained entire, as it did before, to the Kings of England; as it sufficiently appear's by those other passages which wee have shewn.

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 1.303 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 1.304 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

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 1.305 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

or Letters of safe Conduct, which have been granted even by the d 1.306 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 1.307 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 1.308 taken by English men of Warr, in the very Streights of Lisbon, without the Sea-Territorie of England, which went by the g 1.309 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,

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 1.310 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 1.311 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

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 1.312 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

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 1.313 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 1.314 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

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 1.315 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 1.316 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

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,

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

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

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 1.317 Records of Parlament.

That Licence hath been usually granted to Foreiners, by the Kings of England, to fish in the Sea; Also, that the Protecti∣on given to Fisher-men by them, as in their own Territorie, is an antient and manifest Evidence of their Dominion by Sea. CHAP. XXI.

AS a freedom of passage, so also wee finde that a li∣bertie of Fishing hath been obteined by Petition from the Kings of England. There is a clear Te∣stimonie hereof in that which was alleged a 1.318 before out of the Records of Parlament, concerning those Tri∣butes or Customs that were imposed in the time of Richard the Second, upon all persons whatsoëver that used Fishing in the Sea. Moreover, it appear's by Re∣cords, that Henrie the Sixt gave leav particularly to the French and very many other Foreiners, b 1.319 for one whole year onely (somtimes for six Months) &c. to go and fish throughout the Sea at all times and as often, &c. But this leav was granted under the name even of a Passport or safe conduct; yea, and a size or proportion was prescribed to their Fishing-boats or Busses; that they should not bee above XXX Tuns. And it is true indeed, there was a kinde of consideration or condition added, that som others, who were subjects of the King of England, might in Fishing enjoy the same securitie with Fo∣reiners: Which was for this caus onely put into the Licence, that if the Foreiners did disturb or mo∣lest

them, they should lose the benefit of their Licence. The words of that consideration or condition, in the beginning of those Licences, run after this manner; To the end that the business of the Herring-fishing and of other Fish, may bee advanced, continued, and mainteined for the publick good; yea and that the like securitie may bee yielded and afforded to som certain Fisher-men under our obe∣dience. I suppose that those certain Fisher men under our Obedience were also the French, who at that time continued in subjection to the English; whereas almost all in France, except the Shore of Picardie, had newly revolted from the King of England: That is to say, at the latter end of the reign of Henrie the Sixt. But that which wee finde either here touching equal se∣curitie, or in other places somtimes also, about the giving of safe conduct even to the Fishermen of Eng∣land, by Licence granted, either to French, or Flemings, or Bretaigns; that usually hapned when the heat of War was over & a Cessation agreed on to treat of Peace or Amitie. In the mean time, securitie of that kinde was given on both sides now and then by agreement: But by the King of England as well in respect of his beeing Lord 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; unless you understand the questi∣on to bee about the use of Ports and Shores: For so, no man denie's but these were Lords as well as hee. More∣over also, in our time, leav was wont to bee asked of our Admiral, for French-men to fish for Soles in the neighboring Sea, for King Henrie the Fourth of France his own Table; as it is affirm'd by such as have been Judges of our Admiraltie and Commanders at Sea of an antient standing; yea, and that the Ships of those French were seized, as trespassers upon the Sea,

who presumed to fish there without this kinde of Licence.

But in the Eastern Sea, which washeth the Coasts of Yorkshire and the neighboring Counties, it hath been an antient Custom for the Hollanders and Zelanders to ob∣tein leav to fish, by Petition to the Governor of Scarb••∣rough Castle, situate by the Sea-side in the Countie of York; and this for very many years past, as is affirm••d by that learned man M^r Camden speaking of those Coasts; It is worth the while, saith hee, to note what an extraordinarie plentiful and gainful Herring-Fishing the Hollanders and Ze∣landers use to have in the neighboring Sea, having first ob∣teined leav from this Castle according to the antient Custom. For, the English have ever granted them leav to fish; reserving alwaies the honor and privilege to themselves, but through a kinde of negligence resigning the profit to Strangers. For, it is almost incredible what a vast sum of m••nie the Hollanders make by this Fishing upon our Coast. So he. There is another man also of very great skill and knowledg in Sea-affairs, who, in the time of Q. Elisabeth, presented a Book to the Parlament, written in the English Tongue, about the Commoditie of Fishing, wherein hee write's, that the Hollanders and Zelanders every year, toward the later end of Summer, send forth four or five hun∣dred Vessels called Buffes, to fish for Herrings in this Eastern Sea, c 1.320 Where before they fish they ask leave of Scarborough, which are his very words. Care was taken also by Proclamation, in the time of d 1.321 K. James, that no Foreiner should Fish in the English or Irish Sea, or that which belong's to the other Isles of the Realm of England, without leav first obteined, and every year at least rene••ed, from the Commissioners appointed for this purpose at London. And touching the libertie of fishing granted at other times also to Foreiners

by the Kings of England, there are many Testimonies in e 1.322 other Writers. But the caus why wee do not often meet with the Forms of those Licences, granted either for passage or fishing in the English Sea, was plainly this; becaus by the Leagues that were made with the neighbor Princes, a Licence or freedom of that kinde (as also of Ports, Shores, Passage, and other things) was so often allowed by both Parties, that, as long as the League was in force, the Sea served, as if it were a com∣mon Field, as well for the Foreiner that was in amitie, as for the King of England himself who was Lord and Owner. But yet in this kinde of Leagues, somtimes the Fishing was restrained to certain Limits, which is a thing chiefly to bee consider'd. The limits related both to place and time: So that according to agree∣ment, the Foreiner in amitie might not fish beyond these 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 Henrie the Fourth. An agreement was made betwixt the Kings of * 1.323 England and France, that the Subjects of both might freely use Fishing throughout that part of the Sea, which is bound∣ed on this side by the Ports of Scarborough & Southampton, and on the other side by the Coast of Flanders and the mouth of the River Seine. The time also was limited be∣twixt Autumn & the Kalends of Januarie following. And that the French might securely enjoy the benefit of this agree∣ment, our King directed Letters to that end, unto all his Sea-Captains and Commanders. Here you see plainly, those Limits wholly excluded the French from that part of the Sea which lie's toward the West and South-west▪ and also from that which lie's North east of them, as beeing so limited by our Henrie, at his own pleasure, as its Lord and Soveraign. Nor was there so much

as the least shadow of right or Prerogative, whereby the French King might seem to have any interest as a Lord or Owner in the setting of these Limits; seeing that part of the Sea which was secluded did not touch upon any Shore of his in the North, nor had hee any Countrie lying before the Sea in the South (except Nor∣mandie) or in the West; the rest beeing held either by the Duke of Bretaign or by the King of England, as wee have alreadie observed. From hence truly it was a Custom, for the Kings of England to give protection to Fisher-men that were Strangers, somtimes by Pro∣clamation, and somtimes with a Fleet of men of War, when they went to Fish either by agreement made upon treatie, or by leav obteined, qualifications beeing added according to the English King's pleasure. There is among the Records of the time of Edward the First, an Inscripti∣on, Pro hominibus Hollandiae &c. For the men of Holland and Zeland, and Friesland, to have leav to fish near Jerne∣muth. The King's Letter for their g 1.324 protection fol∣low's thus. The KING to his Beloved and Trustie John de Buteturte Warden of his Port de Jernemuth Greeting. For as much as Wee have been certified, that many men out of the parts of Holland, Zeland and Friesland also, who are in amitie with us, intend now to com and fish in Our Sea near Jernemuth; Wee command you, that you caus publick Proclamation to bee made once or twice everie week, that no per∣sons whatsoëver imploied abroad in our service presume to caus any injurie, trouble, dammage, hindrance or grievance to bee don unto them, but rather, when they stand in need, that yee give them advice and assistance in such manner, that they may fish and persue their own advantage without any let or impediment. In Testimonie whereof, Wee have caused these our Letters to bee made Patents, to continue in force till after the Feast of S ^t Mar∣tin next ensuing. Witness the King at Wengham,

the XXVIII day of September. Which was in the XXIII year of his Reign, and of our Lord MCCXCV. The same day also, in favor of the ••arl of Holland and his Subjects, hee set forth three men of War toward the farther Coast of the Sea, for the safeguard (as hee saith in another Letter) of those Uessels belonging to your and our own Countrie, that are in these daies emploied about the Herring Fishing &c. and to guard your Coasts near the Sea. Here hee grant's a Protection to fish. And in both the Letters, hee limits it within the space of two Months. Hee alone also protected the Fisher-men upon the Ge••man Coasts (which, by reason of its nearness, hee call's here your Coast near the Sea, in his Letter to the Ea••l of Holland) as well as upon the English. Nor might the Fisher-men use any other kinde of Vessels, but that which was pre∣scribed by our Kings. Upon which account, all kindes of Fishing were somtimes prohibited, and somtimes ad∣mitted, this restriction onely beeing added, that they should fish in such Vessels onely as were under thirtie Tuns burthen. This appear's by those Letters of King Edward the Third concerning the Laws of Fishing, which were directed unto his several Governors of Yarmouth, Scarborough, Whitby, and Donwich, Towns seated upon the Eastern Shore. The words are these; h 1.325 For∣asmuch as wee have given Licence to the Fisher∣men of the aforesaid Town, and to others who shall bee willing to com unto the said Town for the benefit of Fishing, that they may fish and make their own advantage with Ships and Boats under thirtie Tuns burthen, any prohi∣bition, or Commands of ours whatsoever to the contrarie notwithstanding, wee command you to permit the Fisher-men of the aforesaid Town,

and others who shall bee willing to com to the said Town for the benefit of Fishing, to fish and make their own advantage with Ships an•• Boats under thirtie Tuns, without any let or impediment, any Prohibitions or Commands of ours made to the contrarie in any wise notwith∣standing, as wee have said. ••itness the King at the Tower of London, August. X. Which was in the 11^th year of the Reign of Edward the Third, or of our Lord MCCCXXXIX. But if any heretofore un∣dertook the protection of the Fisher-men in this Sea, without leav of the English, they were to bee seized and imprison'd, as Invaders of the Right of Dominion, and to expect to bee dealt with accordingly, for the injurie don to the King of England.

This is evident also in the Records of our K. Edward the Fourth. For, hee erected a Triumvirate or invested three Persons with Naval Power, whom the Records call Custodes, Conductores, & Waftores, Guardians, Con∣ductors, and Waftors, whose Office it was to protect and guard the Fisher-men upon the Coasts of Norfolk and Suffolk. To the end therefore that the expences of the Guard might be defrayed by the Fisher-men, and all others whatsoëver bee excluded from medling with this kinde of Guard or protection, hee appointed four men, by name Sir John Hemingham Knight, William Hopton, Edmund Yve, and John ••ansfleet Esquires, as well (say the i 1.326 Records themselvs) to over-see those Guar∣dians, Conductors, and Waftors, as to give notice to all Fishermen of what Countrie soêver they bee, who shall desire to fish in the Parts aforesaid under the protection of the said N. N. that those Fisher-men and everie of them, do contribute to all and all manner of Costs, Charges, and Expenses belonging to the same Guardians and Conductors in the time of fishing, and charge all

such Costs, Charges, and Expences according to a proportion, and to levie and collect those Costs, Charges, and Expences, out of this kinde of Fishings belonging to the Fisher-men aforesaid, wheresoê∣ver they may bee found; As also to arrest and apprehend all others, except the afore named, who presume or attempt to becom Guardians, Conductors, or Wastors, and to commit them to our next Gaol, there to bee kept safely and securely, till wee shall take order for their deliverie. In the very same words almost, to the same purpose, wee finde divers Letters Patents of King Henrie the k 1.327 Seventh; yea, and of Richard the l 1.328 Third, save that in the form hereof, after those words [charge all such Expences according to a proportion] this considerable Claus here is inserted [Although the same Fishermen, whe∣ther any one or more of them, may have had Letters of safe Con∣duct from any other King, Prince, or Governor of any Kingdom whatsoëver.] So that by the received and usual Custom, the Charges of the Guard were to bee defraied by the Fisher-men of this Sea, at the pleasure of our Kings, though they might have had Letters of publick security and protection from any other Princes. Nor were any other persons to bee admitted to a partnership in this kinde of Guard, except those that were appointed by the King of England, lest by this means perhaps it might derogate from the English Right. Which is a manifest sign or evidence of the Dominion and Possession of the place.

The Dominion of England made evident from the laws and limits usually set by our Kings in the Sea, to such Foreiners as were at en∣mitie with each other, but in amitie with the English. And concerning the King's Closets or Chambers in the Sea. Also touching that singular privilege of perpetual truce (or ex∣emption from hostilitie) in the Sea about those Isles which lie before the shore of Nor∣mandie. CHAP. XXII.

AS to what concern's the Laws and Limits that have been prescribed to Foreiners (from whence I derive a fift sort of Testimonies) who beeing at enmi∣tie with each other, and both of them in amitie with the English, 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 rest of the Christian world was every where at peace, but the warr waxed hot betwixt the Spaniard and the States of the United Provinces, and thereby it happened, that both those parties beeing in amitie with the English, did infest one another with mutual and very frequent de∣predations in the English Sea, touching the lawfulness whereof divers Questions arose among the King's Offi∣cers, in the Court of Admiraltie; Our K. following the examples of his Predecessors, did as lawful Soveraign and Moderator of the Seas, set forth a a 1.329 Proclamation, ap∣pointing certain limits upon the English Coasts, within which hee ordeined there should bee safe riding for

both parties, with safe passage, yea, and declared hee would give equal protection to both in such manner, that within these limits neither might the Spaniards use any hostilitie against the United Netherlanders, nor these against them, nor the Subjects of any Nation whatso∣ever against those of another, without incurring his displeasure. The words of the Proclamation are these; Our pleasure is, that within our Ports, Havens, Roads, Creeks, or other places of our Domini∣on, or so near to any of our said Ports and Ha∣vens, as may bee reasonably construed to bee within that title, limit or precinct, there shall bee no force, violence, or offence suffer'd to bee don, either from man of war to man of war, or man of war to Merchant, or Merchant to Merchant of either partie. But that all of what Nation soever, so long as they shall bee within those our Ports and places of our Jurisdiction, or where our Officers may prohibit violence shall bee understood to bee under our protection, to bee ordered by cours of Justice, and bee at peace each with other. But by the same Proclamation hee de∣clared, that violence should so onely bee permitted be∣twixt Enemies in that limited part of the Sea, that if any man of war should either bee hovering near hand with an intent to offer violence to his enemie, in the open Sea adjoining, or the Creeks, Ports, and Havens of the same, or should out of any place so prohibited, contra∣rie to the intent of the Proclamation, fall upon his Ene∣mies ship, setting forth to Sea from the same place, then the English men of war, as well those belonging to Merchants as Commanders in the King's service, should remove and punish such kinde of violence. The words of the Proclamation are these; Our

pleasure therefore and commandement is to all our Officers and Subjects by sea and land, that they shal prohibit (as much as in them lieth) all such hovering of men of war of either side so near the entrie of any of our Havens, or our Coasts. And that they shall rescue and succor all Merchants and others that shall fall within the danger of any such as shall await our Coasts in so near places, to the hinderance of Trade and Traffick outward and homeward, from and to our Kingdoms. The Prescribed limits afore-mentio∣ned were set forth in a Table or Map cut in Brass, and published by the King's Command. The manner of it was such, that both the limited part of the Sea, and those Ports and Creeks were pointed out by direct lines draw from one point of land or adjacent Island, to the next Point or Island upon the English shore. These points with the Isles fetching a compass round about from the North-Coast of England, by the East and South as far as the West, beeing in number twentie seven, are ran∣ked thus in their order. Holy Island, the Sowter, whitby, Flamborough head, the Sporn Cromer, winterton-nesse, Easter-nesse, Layestof Estnesse, Orfortnesse, the Northforeland, the Southfore∣land, Dungenesse, Beach, Dunenoze, Portland, the Start, the Ramme, the Dudman, the Li∣zard, Lands end, Mildford, S. Davids Head, Beardsie, Holy head, and the Isle of Man. Wee have very great Creeks of Sea cut off by these lines from the Sea round about, which they call Regias Cameras The Kings Chambers, and the Ports Roial. Even as in an hous the inner private Rooms, or Chambers, or Closets, which in barbarous Latin are wont to bee ter∣med Camerae, are reserved for the Master; and as the Ci∣tie of London hath of old been called in our Law the Chamber of the King of England, wh••reby the rest of his Do∣minion

round about is set forth, as it were by the use of a more narrow Title: So these Creeks, though very large,

[illustration]

beeing called by the like name and limited at the plea∣sure of the Kings of England, do in like manner shew his Dominion over the rest of the Sea. But wee have taken a Description of the Points and Islands, whereby those Creeks set forth in the Table here annexed, are wont to bee limited, out of that b 1.330 instrument which was written in English by twelve men very well skilled in Maritim affairs, and sworn for this purpose at the time when the Proclamation was published, and it was by them presented to Sir Julius Caesar Knight, at that time Judg of the High Court of Admiraltie, but now Master of the Rolls, and one of his Majestie's Privie-Council, to whom the care of searching after this kinde of antient limits was committed. But in that Instru∣ment, as well the distance of all the Points in respect of each other, as the manner of sailing in a direct cours is explained, from whence the latitude of every one of the King's Chambers, may in part bee collected. Those twelv men beginning at the Holy Iland, fetch't a compass round from the North by the East and South to the West, in the order hereafter following. The first cours and distance is from that Island to The Sow∣ter. And from thence the rest are reckoned in the like manner.

Promontoriorum series.	Rumbi	Leucae.
Ad the Sowter	in Phoenicem, S. S. E.	17⅓
Ad Whitby	in Notapeliotem S. E.	12
Ad Flamborough head	in Notapeliotem S. E. ½ versus Austrum.	8

Ad the Sporne	in Phoenicem S. S. E. versus Apeliotem.	13⅓
Ad Cromar	in Meleu••um S. E. and by E.	24⅓
Ad Minterton nes	in Hypophoenicem S. E. and by S.	4.
Ad Caster-nes	in Phoenicem S. S. E.	21/13
Ad Layestof	in Austrum S.	3¾
Ad East-nes	in Austrum S. ½ versus Occidentem.	1⅚
Ad Orforth-nes	in Mesolybonotum S. and by W.	6⅙
Ad North-fore∣land.	in Austrum S. ⅓ versus O••••identem.	15⅙
Ad South-fore∣land.	in Austrum S.	6⅓
Ad Dunge-nes	in Notolybicum S. W. ¼ versus Austrum.	7
Ad Beach	in Africum W. S. W. ¼ versus Austrum.	13
Ad Dune-noze	in Africum W. S. W. ¾ versus Occidentem.	24 ••/••
Ad Portland	in Hypafricum W. and by S. vers. Austrum.	161/12
Ad the Start	in Africum M. S. M. ⅕ in Occidentem.	18⅔

Ad the Ramme.	in Occidentem M. ¼ ver∣sus Boream.	6½
Ad the Dudman.	in Africum M. S. M. ⅙ versus Occidentem.	8½
Ad the Lizard.	in Africum M. S. M. ••/•••• versus Austrum.	9
Ad the Landsend	in Caurum M. N. M. ver∣sus Boream.	7
Ad Milford	in Boream N. ⅔ versus Orientem.	31⅔
Ad S. Davids head.	in Boream N. ½ versus Oc∣cidentem.	5½
Ad Beardsie.	in Hypaquilonem N. and by E. ⅛ vers. Orie••t••m.	12⅙
Ad Holy head.	in Boream N. ⅙ versus Occidentem.	9
Ad Monam	in Hypaquilonem N. and by E. ⅕ versus Boream.	26

Here you see very large spaces of Sea, intercepted som∣times for above ninetie Miles (for, three English miles here go to everie League) whereby those Cham∣bers or Sea-Closets are made. But wee finde the ma∣nagement of that business concerning these Chambers, at the time of the aforesaid Proclamation, set forth after this manner, in the subscription of the twelv men that were sworn, and added to the aforesaid di∣stances and courses of sailing. Wee whose names are subscribed, beeing called before the Right Honorable Sir Ju∣lius Caesar Knight, Judg of his Majestie's High Court of Ad∣miraltie, 〈1 page duplicate〉〈1 page duplicate〉

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and there beeing inrolled, admitted, and sworn, for the describing of the limits and bounds of the King's Chambers, Havens, or Ports, in their full extent, do by these presents make answer, and to the best of our know∣ledg and understanding, declare, that the said Chambers, Ha∣vens or Ports of his Majestie, are the whole Sea-Coasts which are intercepted or cut off by a streight line drawn from one point to another, about the Realm of England. For the better understanding whereof, wee have made a Table concerning that business; whereto wee have annexed this our Schedule, shew∣ing therein how one Point stand's in a direct line towards ano∣ther, according to that Table. Given the fourth day of March, Anno Dom. 1604. and in the second year of the Reign of our Soveraign Lord King James, &c. And then in the Schedule there follow the names of the twelv men; who were all persons of very great knowledg in na∣val or Maritim Affairs. So, the spaces within the streight 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 those parts of the Sea, as farre as the opposite Shores or Ports, whilst hee commanded a keeping of the peace within these Creeks or Closets, did, as Arbiter, permit those that were in amitie with him; but enemies among themselvs, to make prize of one another, in the rest of the Sea; yet not without som qualifications or restricti∣ons added concerning the use of the more open part of the Sea. And truly, the Spaniards alleged afterward, that themselvs ought to bee protected from hostilitie al∣so, without these limits, 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 protect one another's subjects, in all parts of their Kingdoms: which is as much as to say, that the rest of

the Sea flowing between com's no less under the name of the Kingdom of England. And this appear's also from the dispute held by their Advocate in England, about the protection of the Territorie by Sea, against the Hollan∣ders, who mightily exclaimed (as c 1.331 hee saith) that they should bee intercepted and staid by the King's Officer at Sea, with the prize that they had taken from their enemies the Spaniards. That it was an unjust violence; that beeing disturbed and spoil∣ed, they ought to have reparation made them, and to bee beard against those Spaniards, who beeing prisoners were discharged with the goods that were taken. But that the King of Eng∣land might justly give the Spaniards protection against the Hollanders, in the British Sea, either within or with∣out those limits, hee plead's after this manner. You see (saith hee) how f••r the Dominion of the King of England stretche's toward the South, North, and West. The d 1.332 Northern Coasts of Britain, having no Countries lying against them, are washed by the main and open Sea. And the Southern Coasts of Ireland are bounded upon Spain; the Western upon the Indi∣an Countries under the Dominion of Spain; And so the Juris∣diction of our King by S••••, is of a mightie vast exte••t. Nor was it restrained or be••••en'd by that subsequent Proclamation of the King (the same above mentioned) whereby certain li∣mits were appointed, beyond which the King declared the power of his Territorie should not bee extended, in these Acts of ho∣stilitie betwixt the Spaniards and Hollanders. But it's said, that the Hollanders were intercepted by the Officer without these limits. Also according to the Articles of Peace lately agreed on betwixt our King and the King of Spain, they ought to protect one another's Subjects in all places throughout their Do∣minions: ••nd therefore both ought to give protection throughout that immens Jurisdiction. For, there are limits e 1.333 founded upon right, and there are limits by compact or agreement: And an argument taken from the one, doth not conclude against the other.

And here wee are to follow the limits of right, concerning which certainly the articles of Peace and Agreement ought to bee under∣stood; Becaus the other Bounds beeing set afterward, were not then in imagination. But the autoritie of the Proclamation extend's not to things past. Certain it is, that Laws and Consti∣tutions do give a Beeing to f 1.334 future businesses, and are not to bee recalled unto things don and past. Nor is this a Declaration of the King's right (therefore the more easily to bee g 1.335 admitted) made in the Proclamation, but a disposition and law wholly new. For, a h 1.336 Declaration induceth nothing new, and changeth nothing. But this Proclamation would change much, seeing the power of the King's Territorie extend's it self much beyond those limits now constituted. To this an i 1.337 Answer may bee given also, which is acknowledged by all, that a Declaration is of no force to ano∣ther's prejudice, which here might bee don to the ship that was intercepted; for which right was sought according to common Custom, and also according to the special agreement of the peace, that those Princes should suffer no violence to bee don to one a∣nother's Subjects in their Territories. And it is much more strong in respect of that express article of the Treatie, for that it could not bee meet to take off from the full force of the Con∣tract; which would now bee lessen'd notwithstanding, if it were granted that the Territorie is solessen'd, within which onely our King might protect the Spaniards. Moreover, it hinder's not which is objected, that these limits which are now expressed in the Proclamation, were observed long before by long Custom in Controversies of this nature. For, to omit those most difficult things which are deliver'd in k 1.338 proving the Custom, certainly the intent of our King in the Contract of peace seem's not to have had respect unto that Custom, if any there hath been, or also unto the Statute, which is alleged here to bee antient. For, nei∣ther are those things common and understood by the other Prince in amitie, nor perhaps by our King himself; to wit, matters of fact, in his new Kingdom. All which things I thought

••it to add here out of Albericus Gentilis, becaus they be∣long not onely unto these Limits, Creeks, or Roial Chambers in the Sea, but to the Dominion of the whole British Sea. And truly Gentilis was ill under∣stood by Joannes l 1.339 Gryphiander, who discoursing at large concerning Sea-Affairs, allegeth the place before-cited out of him in so brief a manner, as if by that Procla∣mation of King James, his Jurisdiction had been restrai∣ned simply to those limits. The Jurisdiction of England (s••i••h Gryphiander) by Sea, although it bee extended to the South, North, and West, yet by a Proclamation of James the present King, it is circumscribed by certain limits in the Sea. Hee quote's Albericus Gentilis, for his Autor. But truly, the King had no intent in that Proclamation, that his Jurisdiction should bee circumscribed simply by those Limits, but onely in relation to the acts of hosti∣litie at that time betwixt the Spaniards and Hollanders; hee beeing Lord and Moderator of the British Sea for ever, as well as his Predecessors: which is sufficiently manifest out of the Proclamation it self, & out of Gentilis. Nor indeed is it easily to bee conceived, from whence that special and perpetual privilege of Truce or Freedom from hostilitie had its original, which the inhabitants of Jersey, Garnsey, and the other ••sles lying before the shore of Normandie, do enjoy even in this very Sea, though war bee between the Neighbor-Nations round about, unless it bee derived from this Sea-Dominion of the Kings of England. Concerning that privilege, Master Camden beeing well inform'd by antient Testimonies, speak's after this manner in brief. m 1.340 By an antient privi∣lege of the Kings of England, here is as it were a perpetual Truce, and though a war bee on foot, yet the French and others have a libertie to com hither to and again without danger, and use Commerce securely. But wee finde the same more at 〈1 page duplicate〉〈1 page duplicate〉

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large, in som n 1.341 Kings Patents, expressed thus concer∣ning Jersey; that in time of war, Merchants of all Nations, and others as well Strangers as Natives, Enemies as well as Friends, may freely, lawfully, and without peril, go unto, pass to and fro, and frequent the said Isle and the places upon the Coasts thereof, with their Shipping, Merchandise, and Goods, as well for shelter from foul weather, as upon any other their lawful occasions, and there to use free Commerce and Traffick, and to abide with safetie and securitie, and to com away thence, and return at pleasure, without any damage, trouble, or hostilitie whatsoëver, in their Affairs, Merchandise, Goods or Bodies; and that not onely near the Island and places aforesaid upon the Coasts, and their Precinct, but also within the spaces distant from them as far as a man may ken, that is▪ so far as the sight of the eie can attain. And this is called a privilege, which you see extend's so far into the Sea it self, as the sight of the eie can pierce from the shore. And if so bee this privi∣lege did not proceed from the Kings of England, as they are Lords both of the Sea and the Isles, (and by the same right that the Isles themselvs belong to them, as hath been said o 1.342 before) it cannot in reason bee imagined from whence it had its original. There is not (so far as wee know) so much as a pretence of a Grant made by any other Princes. But onely by the Kings of Eng∣land, who unless themselvs were Lords of the whole Sea flowing about, by what Title and Autoritie did they ordein such a Truce so far within the Sea on every side, between enemies of all Nations whatsoëver that came unto those Islands? But as our Kings have very often commanded that all manner of persons should ceas from hostilitie, not onely within the aforesaid Creeks, but also throughout the spaces extended thence at pleasure, into their Territorie by Sea; so in like man∣ner they indulged the like kinde of privilege for ever

throughout these Coasts of the French shore, that all manner of persons, though enemies to one another, might securely sail to and fro, as it were under the wings of an Arbiter or Moderator of the Sea, and also freely use the Sea according to such spaces or limits as they were pleased at first to appoint. Which, without doubt, is a clear evidence of Dominion.

Certain publick Records, wherein of old the Dominion of the Sea is, by the way, asscri∣bed to the Kings of England, both by the King himself, and also by the Estates of Parlament, debating of other matters, and that in express words, and with verie great deliberation, as a known and most undoubted Right. CHAP. XXIII.

I Shall next of all cite several publick Records, which are kept in the Tower of London, wherein the Do∣minion and possession of the Sea is by the way ex∣pressly asserted as belonging to the King of England, and that both by the King himself, as also by the Estates of the Parlament of England, as they were debating about other matters. For, that is the sixt head of the former Division. King Edward the third intitle's himself and his Predecessors Lords of the whole Sea flowing round

about, in the several Commissions given to Geoffry de Say Governor or Commander of the Southern and Western Sea, and John de Norwich of the Northern (the limit of distinction beginning, as it was usual, at the Mouth of the Thames) out of which Records wee here set down theform, which is especially to bee consider'd, so far as it make's to this purpose. a 1.343 The KING to his Beloved and Trustie Geoffry de Say, Admiral of his Fleet of Ships, from the Mouth of the River Thames toward the Western parts, greeting. Whereas Wee have of late commanded you by Our Letters, that you together with certain Ships out of the Cinque-ports, which wee have order'd to bee furnished and made readie for war according to our Com∣mand, should set forth to Sea, to oppose and resist certain Gallies, provided and inforced with men of war in divers forein Parts, which, as Wee were inform'd, were set out towards the parts of our Dominion to aggriev Us and Our people, or els to turn their cours toward the Coasts of Scotland, for the relief and succor of our Enemies there; And in regard it hath been related by som, that Gallies of that kinde to the number of XXVI are newly com to the Coasts of Bretaign and Normandie, and do still abide there, as it is supposed, to do what mischief they can against Us and Ours, or to succor Our said Enemies, as is aforesaid; Wee calling to minde that OUR PROGENITORS THE KINGS OF ENGLAND have be∣fore these times been LORDS OF THE ENGLISH SEA ON EVERIE SIDE, yea, and defenders thereof against the Invasions of Enemies; and seeing it would very much grieve Us, if our Kingly honor in this kinde of de∣fens should (which God forbid) bee lost in our time, or in any sort diminished; and desiring, with God's help, to prevent dangers of this nature and provide for the safeguard and defens of the Realm and our Subjects, and to restrain the malice of our Eenemies; Wee do therefore strictly require and charge you, by the duty and

Allegeance wherein you stand bound, according to the special trust reposed in you, that immediately upon sight of these presents and without any farther delay, you do set forth to Sea with the Ships of the Ports aforesaid and the other Ships which are now readie; and that you arrest the other Ships in obedience to our command, which Wee lately requir'd you to arrest (But so that they might bee readie and provided to set forth according to Our aforesaid Command, seeing Wee caused the Masters and Marriners of the same Ships to bee prepared, and gather'd together, whether they were within your Liberties or without, and to caus them, beeing well provided of men of war and other necessaries, to hasten out to Sea with the aforesaid Ships) and that with all diligence you make search after the aforesaid Gallies and other Ships of War abroad against us, and stoutly and manfully set upon them, if they shall presume to bend their cours for the end aforesaid, toward the parts of Our Domi∣nion, or the Coasts of Scotland. And if they steal away from you, so that you cannot meet with them, then you are with the aforesaid Ships of our Fleet without any delay to follow after the same Gallies and Ships of War set out against Us, if they shall make towards our Kingdom or the Coasts ••f Scotland aforesaid, and coura∣geously to destroy them, for the conservation of our Royal honor. But yet Wee will not that you occasion any hurt or hindrance to Merchants or others passing by Sea, who have no intention to offend Us and our Subjects, or to succour our Enemies. Then follow's a power to press Seamen, and som other mat∣ters of that kinde. The day also and Autoritie is sub∣scribed after this manner. Witness the King at the Town of S^t John, the sixteenth day of August. By the King him∣self and his Council. The like Commission was at the same time, and by the same time and by the same Autori∣tie given to John de Norwich Admiral of the Northen part:

In the preferring of a certain Bill also in Parlament

(which was the voice of the Estates of the Realm) in the reign of the same Edward, wee finde that hee was usually accounted and styled King or Soveraign of the Sea by all Nations. The words are, b 1.344 qe XX ans passez & toutdiz adevant, la Navie de dit roialme estoit en touz portz & bones villes sur mier & sur riviers si noble & si plentinouse, qe touz les pais t••no••ent & appelloyen•• nostre avantdit Seigni∣eur, LE ROY DE LA MIER, & tout son pays dotoyent le pluis per mier & per terre per cause de la dite Navie &c. Which beeing translated out of the old Norman speak's to this effect; That the English were ever in the Ages past renowned for Sea affairs in all Coun∣tries near the Sea, and they had also so numerous a Navie, that the people of all Countries esteemed and called our King, the King or Soveraign of the Sea. There is likewise a notable Testimonie touching this business in the Par∣lament-Records of Henrie the Fifth, where the tenor of the Bill ran (as was usual) after this manner; Item priont les c 1.345 Commens que, per lou nostre tressoverain seigneur LE ROY ET SES NOBLES PROGENI∣TORS DE TOUT TEMPS ONT ESTE SEIGNEURS DEL MEER, & ore par l•• grace de Dieu est venuz que nostre dit seigneur le Roy est seigneur des costes d' ambeparties del meer, d' ordeigner sur touts estrangers passants per my le dit meer, tiel imposition al oeps nostre dit seigneur le Roy à prendre que à luy semblera re∣sonable pur la sauvegarde del dite meer. That is to s••••▪ Item, the Commons do pray, that (seeing our Soveraign Lord the King and his illustrious Progenitors, have ever been Lords of the Sea, and now that through Gods gtace it is so com to pass, that our said Lord the King is Lord of the Shores on both sides of the Sea) such a tribute may bee imposed upon all Strangers passing through the said Sea, for the benefit and advantage of our said

Lord the King, as may seem agreeable to reason for the safeguard of the said Sea. The Answer subscribed to this Bill was, Soit avise par le Roy, that is, let the King himself bee advised of it. For, the King resided in France at that time, beeing Lord of that Countrie by Inheri∣tance and Conquest, and Humphrey Duke of Glocester was President of the Parlament, beeing then Keeper or Lieutenant of England, by whom, as the King's Depu∣tie, this kinde of Answer was usually given to Bills, as often as an assent to them was delaied; but when the King was present in person, le Roy s' advisera, the K. will advise, served in stead of an Answer from antient down to the present time, in such Bills as were not pas∣sed into Acts. That is to say, in those Bills to which the Lords and Commons had given their as∣sent before, that is, the Estates of the Parlament of England, which is here especially to bee considered. For, most certain it is, that, according to Custom, no Answer is given either by the King or in the King's name, to any Parlamentarie Bills, before that the Bill, whether it bee brought in first by the Lords or by the Commons, hath passed both Houses, as it is known to all that are verst 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 supplied, as it is also at this day, by the brief form of Assent, which is added by that Hous, to whom the Bill is sent and transmitted. For, that Hous which first prefer's it, transmit's it to the other, who either give's an assent, or reject's it. And when both Houses have so given their assent, then after a while, either the King give's his assent (whereby it becom's an Act or Law) or els hee laie's it aside, and (as I have alreadie shewn) take's time to

advise; Neither of which is ever don by the King, ac∣cording to the cours of Parlament, till both Lords and Commons have first given their assent. But the whole form of the afore-mentioned Bill, which is full of all kinde of storie concerning things transacted in Parlament, is taken out of the very Schedules annexed to the Bill, (wherein the Forms of this kinde of assent were wont expressly to bee added) and register'd ac∣cording to antient Custom, among the Records of Par∣lament, in the very same words wherein it was at first exhibited; no express mention beeing made of the as∣sent both of Lords and Commons which is annexed to the Body of the Form (for, the assent of both suf∣ficiently appear's, in that according to the cours of Par∣lament it was so presented to the King) and the Kings assent onely or intent of deliberation beeing added by way of subscription, as I have shewn. But most of those Schedules annexed to that kinde of Bills which relate to the more antient times are lost; whereas not∣withstanding the Records wherein they were wont to bee register'd, have been carefully preserved in the Tower 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, these three things may bee observed, which make very much to the point in hand. First, that the Estates in Parlament, according to the Custom of their Ance∣stors, that is to say, both Houses of Lords and Com∣mons, beeing well-informed of the matter perhaps by som antient Testimonies whereof wee are bereft by the injurie of time, did with one consent affirm it as a thing unquestionable, that the King of England is Lord of the Sea: As it appear's also in that former Record which relate's to the Reign of Edward the third;

for, both the Bills are placed alike in the aforesaid Re∣cords. Secondly, that the Sea whereof they speak is the whole that flow's between France and England: For, they say in express terms, that King Henry, beeing Lord of the Sea, was at that time Lord des costes d▪ amb••parties del meer, that is, of the Coasts or Shores on both sides of the Sea, or those that include the Sea on both sides, which cannot bee understood of any other or greater Sea, than of that which was mentioned there immediately be∣fore: And so it is in plain terms to bee taken of that whole Sea. Thirdly, that those Estates did not question but that Tributes might bee imposed by autoritie of Par∣lament, upon all strangers whatsoëver, wheresoëver they pass through this Sea; as well as Customs in Port; And that they did not at all conceiv, that a Bill ought to bee presented touching that business 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 reason to bee admitted, that they would so upon deliberation (for both Lords and Commons use to de∣bate such matters a long time before they pass a Bill) that they would, I say, so upon deliberation require an im∣posing of Customs by the Act of an English Parlament, in a place that was not subject, as a part of the Roial patrimonie, to the King of England, as King of England. From hence it was also, that our present King Charls did this last year declare, that himself and his progenitors the Kings of England have in all times hitherto, by an anti∣ent and most just title, been Lords of this Sea; to wit, in his d 1.346 Letters Patents sent to the Maritim Counties of England, whereby ship-monie was imposed for the defence of his Dominion by Sea. Add moreover hereunto, that in the agreement made betwixt our Edward the first and

Guie Earl of Flanders about the wearing of Colors or Flags in every ship, and punishing offendors by Sea, William de Leyburn is called c 1.347 Admiral de la mier du dict Roy d Engleterre, or Admiral of the Sea of the said King of England. Other Testimonies of the same kinde there are in Records touching the Dominion of the Sea, as it hath been received and acknowledged according to the Common Law and Custom of our Countrie, which I shall discours of in the next place, and after that, concerning the Testimonie of Foreiners.

Of divers Testimonies in our own Law-Books, and the most received Customs, whereby the Sea-Dominion of the King of England, is either asserted or admit∣ted. CHAP. XXIV.

THE seventh of those Heads, according to the former Division, which manifest the aforesaid Dominion of the Kings of England, relate's to our Law-Book's, and the received Customs therein, which prove it from the most antient times. There are also in them many Particulars that may relate hereunto, which are explained now and then touching the Guard of the Sea, the English Admiraltie, and other things alreadie handled. But in this Chapter wee shall use either the determinations and Commentaries of our own Lawyers, or chiefly such Court-Records as ex∣plain their opinions. I confess indeed in som of the

Authors of our Law who wrote above CCCL. years ago or thereabout, after they had (as the manner then was) read through the Civil Law also, they were so strict in following those determinations word for word, which they found concerning the Sea in that Law, that when they treated de acquirendo Rerum Dominio of the manner of acquiring the Dominion of things, they tranferr'd them into their own writings. From thence it is, that Henry Bracton, who was a very famous Lawyer at the later end of the reign of Henrie the Third, saith, a 1.348 Naturali jure communia sunt omnia haec, aqua Profluens, aër, & Mare, & litora Maris quasi Maris accesso∣ria. By the Law of Nature all these things are common, running water, the Aër, and the Sea, and the shores of the Sea as accessories or depen∣dants of the Sea. Also, aedificia, si in mari five in li∣tore posita fuerint, aedificantium sunt de Jure gentium, If Buildings bee raised in the Sea, or upon the shore, they becom theirs that build them by the Law of Nations. And a little after, Jus piscandi omnibus commune est in portu & in fluminibus, a Right of fishing is common to all in a Haven and in Ri∣vers. Which wee finde likewise in b 1.349 som other of our Law-Books of that Age, as a passage that fell from som Writers (of whom I spake at large in the former Book) that were more affected than was meet with the words of Ulpian and Justinian, in the general division of things. But these very men in other places, shewing the Customs of our Countrie, do sufficiently admit the King's Dominion by Sea. For Bracton himself after∣ward speak's of them that by the King's grace and favor c 1.350 quieti sint de Theolonio & consuetudinibus Dandis per totum regnum Angliae in terrâ & mari, & per totum Reg∣num tam per terram quàm per mare, Were exempted

from paying Tolls and Customs, throughout the whole Kingdom of England in the Land and in the Sea; and throughout the whole Kingdom both by Land and by Sea. And in the same King's time a freedom from som paiments was granted to the Citizens of London d 1.351 per totum Regnum tam per mare quàm per terram, throughout the whole Kingdom as well by Sea as by Land. And so Bracton, when hee return's to speak of the Customs of our Countrie, acknowledged that the Dominion of the Sea belong'd to his King no less then the Land. And hence it came to pass also, that inter Capitula Coronae (as they call them) that is to say, those Articles or chief Heads, whereof enquirie was to bee made according to the usual custom, by Judges delegated throughout England for the conservation of the publick peace, wee finde this also, de Purpresturis factis super Dominum Regem, sive in Terrâ sive in Mari, &c. Of * 1.352 Pourprestures made upon our Lord the King, either on Land or in the Sea, or in sweet waters, either within the Libertie or without, or in any other place whatsoëver. And it is placed among the Articles of this kinde recited by e 1.353 Bracton himself, and in the f 1.354 Au∣tor of the Book called Fleta. But in the language of the Law wee call those things Pourprestures, whereby de∣triment is don to any publick place belonging to the Patrimonie of the Crown, as a publick thorow-fare, a River, and the like: So that according to the nature of this ordinarie Article touching Pourprestures, in the general form of enquirie, the Dominion or Ownership of the Sea is ascribed to the King, no less than of the Land, or of publick Road or thorow-fare, and River. agreeable hereto is that Article about any kinde of salt∣waters beeing inclosed by any subject, or possessed in

any other manner; which in the antient Records of our Court of Admiraltie is said to bee don, to the disheri∣son of the King. The words are there, g 1.355 Item soit enquis de ceulx qui acrochent à eulx eaves salees en desheretison du Roy. And at this day, enquirie is wont to bee made, about that business, by Autoritie of the high Admiral. Robert Belknap also, an eminent Judg in the time of Richard the Second, h 1.356 saith that the Sea is subject to the King, as a part of his English Kingdom or of the Pa∣trimonie of the Crown. His words in the Norman tongue run thus; Le Mere est del ligeans del Roy, come de son corone d' Angleterre. Hee added to his words, in a re∣markable way, as belonging to the Crown of England, or as belonging to the Royal Patrimonie of England, to the end that no man might question, whether the Sea belong'd to his King by the Right of the Kingdom of England, or of the Dutchie of Normandie, or of any other Province in France. Another also, who wrote in the time of Henrie the Eighth, saith, it hath been received by antient custom, that it is a dutie lying upon the King of England, as Lord of the British Sea, to scour the Sea of Pirates, and to ren∣der the use thereof as of a publick Road or Thorow∣fare whose soil is within his Patrimonie) safe for Shipping. For, hee expresseth himself in English thus; i 1.357 The King of the ould Custome of the Realme, as the Lord of the narrow Sea, is bound, as it is said, to scoure the Sea of the Pirates and pe∣tit robbers of the Sea. So much also, as to what concern's Dominion, is without controversie admitted by our k 1.358 Lawyers of later time. And it appear's by pub∣lick Records, conteining divers main points, touching which the Judges were to bee consulted for the good of the Common-weal in the time of King Edward the Third, that the King's Sea-Dominion, which they cal∣led

the antient superioritie of the Sea, was a matter out of question among our Lawyers of that Age. But con∣sultation was had for the more convenient guarding of it: For, the whole Bench of Judges were advised with to the end (so wee read it in the l 1.359 Records; and that is especially to bee observed which wee finde here about the first beginning of the Naval Laws of the Isle of Oleron, seated in the Creek of Aquitain at the mouth of the River Charente) that the form of proceeding heretofore ordai∣ned and begun by Edward the first, grandfather of our Lord the King and his Council, at the prosecution of his Subjects, may bee resumed and continued, for the reteining and conserving of the antient superioritie of the Sea of England, and the Autoritie of the Office of Admiraltie in the same, as to the cor∣recting, expounding, declaring, and conserving the Laws and Statutes long since made by his Predecessors Kings of England, for the mainteining of Peace and Justice among all people of what Nation soëver passing through the Sea of England; and to take cognisance of all attempt to the contrarie in the same; and to punish Offenders and award satisfaction to such as suffer wrong and damage; Which Laws and Statutes were by the Lord Ri∣chard heretofore King of England, at his return from the holy Land, interpreted, declared, and published in the Isle of Oleron, and named in French le ley Olyroun. Here you have it declared as a thing most received and certain, that the King of England hath, by antient right, been Lord of the Sea, of the same name, or that which flow's about it. But that whereof the Bench of Judges were to con∣sult, was onely about the orderly maintenance of this right. Nor is it truly a small sign of this Dominion, that Richard the First King of England, beeing in the Isle of Oleron, which hee possessed as seated in his own Sea, not so much for that hee was Duke of Aquitain as King of England (whereof wee have alreadie spoken) did, as sole

Ruler and Moderator of Sea-affairs, first publish those Naval or Sea-Laws in that his Island, which hold in force to this day, and from that time gave them so large and perpetual an Autoritie by that name, that as the Rhodian Naval Laws (as the case stand's) do prove, that the Rhodians in antient time were Lords of the Grecian Sea, so the Laws of Oleron having m 1.360 obteined such a kinde of Autoritie by Sea, from their first Institution, must ever declare the King of England as the Autor, to bee Lord of the neighboring Sea round about. But som printed Copies of these Laws, make them about sixtie years later than the Reign of that Richard; by what au∣toritie, 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. Also, in the Law of the Land, it is reckoned among the Privileges of such as are ab∣sent, that they, who shall bee out of the Realm of England at the levying of a Fine of any Land, and making Pro∣clamations thereupon, are not so bound either by a yearly prescription, as heretofore, or by a five years pre∣scription, as is usual of later time, but that their Right remain's entire to them upon their return home, if they make their claim, within the like spaces of time. But intra regnum within the Kingdom is by the same Law taken, and that in the usual phrase for that which is intra (or as it is wont to bee barbarously render'd infra) Quatuor Maria, within the * 1.361 four Seas, to wit, the Southern, Western, Eastern, and that Northen Sea which washeth both the sides of that neck of Land, whereby Scotland is united to England. That is to say, within the outmost bounds of the English Empire in those four Seas, or within the opposite Shores of the Eastern and Southern Sea or Ports belonging to other Princes, and within the bounds of the Northern and

Western Sea, which indeed are to bee bounded after another manner; but yet to bee bounded: that is, accordirng to the extent of possession West-ward be∣yond the Western Shores of Ireland, and by the first be∣ginning of that Sea, which is of the Scotish name and jurisdiction. But that which is opposed to this Particle intra quatuor maria, within the four seas, is that o 1.362 extra quatuor Maria, without the four seas, or to bee in the parts so beyond the Seas, that they bee beyond the bounds of the Sea-Dominion of the King of England; from whence wee are to determine of the bounds or exterior limit of the Seas. And although the Land of England bee somtimes used for that which is the whole Realm, or English Empire, as signify∣ing the same, a more ordinarie and indeed more brief expression beeing applied (as is usual) in stead of a more large; yet it certainly appear's, that extra quatuor maria, without the four seas, and extra Regnum, with∣out the Realm, do in our Law-Books signifie the very same thing (that is to say, so far as the extent and latitude of the whole English Empire is comprehended in the name of Realm, not as the Realm of England, is now and then distinguished in p 1.363 our Law from Ireland, which also is a distinct Dominion of the same Empire, or from the other Islands which are recko∣ned in the Roial patrimonie of the Kings of Eng∣land.) For, it is usual in the Language of the Law, so to describe him, who, in that sens, shall bee out of the Realm. And whereas in the Reign of Richard the second to an objection made against one that would avoid the yearly prescription as not bound by it, for that hee was not in England, it was excep∣ted that hee was in Scotland, and so within the four Seas; It was thereupon q 1.364 answer'd and rul'd by the

Court, that the Exception was of no force, for that Scotland was not within the Bounds and Limits of England. So that within the four Seas, and within the Realm, signified one and the same thing; from whence these terms, out of the Realm, and with∣out the four Seas, becom one and the same also. To bee out of the Realm, is very r 1.365 often repeated in this ••en•• also, by Littleton, the most excellent of all our Law-Writers, signifying no other thing than what hee renders it in s 1.366 another place, by one who ala ou∣stere le mere, crossed the Sea, or, went beyond sea. ••rom thence also it seem's to have proceeded, that, whereas with us, among the several temporal excuses of Defendants, who are summoned to appear in Court (in our Law wee call them * 1.367 Essoins) there are two alleged, whereof the one is intitled de ultra Mare, the other De Malo veniendi, and this latter is allowed to him that is hindred by any kinde of mis∣fortune whatsoever, within the Seas, or on this side of the more remote bounds of those Seas, which be∣long to England; but the former to him who live's without, or beyond the Seas, belonging to the English Em∣pire; From thence it seem's, I say, to have proceeded, that, in former times, when there was a more frequent use in Court of this kinde of excuses, a Defendant beeing absent in Ireland, might lawfully make use of the latter form of Essoin, but not of the former. Never∣theless, if through ignorance hee did make use 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 sens•• or ac∣ception, lived beyond-Sea. For, according to received Custom, the nature of them both was such, that when any one might lawfully use the former, hee might also 〈1 page duplicate〉〈1 page duplicate〉

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after a while likewise enjoy the benefit of the latter. But in the said kinde of Essoins or Excuses, the former not beeing lawfully made use of, but yet turned into the latter by construction of Law, lest it should becom of no use, there was no place for the latter; to the end it might not bee iterated contrarie to Custom. The matter it self was thus decided in the time of K. Hen∣rie the third, as it is described by Henrie Bracton, after this manner. Esto, saith * 1.368 hee, quòd quis se Essoniave∣rit de Ibernia quasi de ultra Mare; attornatur Essonium illud ad simplex Essonium de Malo veniendi ut coram Martino de Patteshul in Banco, anno Regis Henrici Sexto de Gil∣berto Mariscallo & Ceciliâ uxore ejus & Allano de Hyda, qui vocavit ad Warrantum Willielmum Mariscallum in Comitatu Pembroke, & qui se essoniavit de Ibernia, & non fuit allocatum, & postea fecit de hoc quòd aliud essonium de malo veniendi ad alium diem non fuit allocatum. So much wee finde also in the antient Autor of that Book entitled * 1.369 Fleta. Doubtless, Ireland is no less seated beyond sea, than either France or Spain, unless you take that decisi∣on, as relating onely to the Civil notion of this kinde of situation; to wit, that it is not situate beyond that Sea which is a part and Territorie of the English Em∣pire, but placed therein, and comprehended under one and the same Supreme Power with England; and so that an Excuse or Essoin de ultra mare, is not in that kinde to bee admitted. In the antient x 1.370 Records also concerning the Customs of our Court of Admiraltie, wee read it was an usual Custom in the time of King Henrie the first (who died Anno Dom. MCXXXVI.) and of other Kings both before and after him, That, if any man accused of a capital crime don by Sea, beeing pub∣lickly called five times by the voice of the Crier, (after so many several daies assigned) did not make his ap∣pearance

in the Court of Admiraltie, hee was banished out of England & de mer appurtenant au Roy d Angleterre, or out of the Sea belonging to the King of England, for four∣tie years, more or less, according to the pleasure of the Admiral. Other particulars there are that relate here∣unto about Actions for matters arising in this Sea, that were wont to bee entred in express terms heretofore, in the y 1.371 ordinarie Courts of our Common Law, who••e Jurisdiction was ever esteemed of such a nature, that an Action instituted about a matter arising in any other place than within the bounds of the Realm, was by the antient strict Law, alwaies to bee rejected by them. After which manner as it hath been a Custom now for many years, that an action ought to bee rejected, unless the matter have its rise within the Bodie, (as they call it) of the Countie, that is, within som Pro∣vince or Countie of the Island, usually given in charge to certain Governors or Officers, known to us by the name of Sheriffs. So also is it in this Sea-Province, be∣longing, by the antient received Custom, to the high Admiral, or his Deputies, not onely so far as concern's its defence and guard, but also as to matter of Jurisdi∣ction. So that at length it is manifest, that the Sea-Do∣minion of the King of England, is without controversie admitted and asserted also, both by the Determinations and Customs of the Law of the Land, and by the ex∣press words of the Writs and Forms of the Actions themselvs.

Nor is that of any force at all to the contrarie, which either our Countrie-man Bracton the Lawyer, (as hath been said) or som others, of late as well as antient time, that are Followers of him, but in too careless a manner, (while they z 1.372 set down the Institutions of our English Law) have unadvisedly utter'd by the way,

touching that antient communitie of the Sea, and of Fishing also in Rivers, according to the Books of Justi∣nian; as if such a kinde of communitie were admitted in our Law. Truly, that which they have so let slip, is not so much to bee taken as contrarie to the known Law of the Land in this particular (for, even Bracton himself, as I have shewn, hath divers other passages that signifie this Dominion of the King) as it is to bee reckoned for som of the reliques of Ulpian, or of the School of the Imperial Law, too slightly and carelesly added by the way in writing. And the like may bee said of a 1.373 one or two more of our Writers, who after the manner of reasoning, received for the most part in the Imperial Law, touching the middle of a River, and an Island risen therein, do by the way, but igno∣rantly, make the middle of the Sea flowing between to bee the bound of this Sea-Dominion of our Kings. Moreover, the same may bee said likewise of the b 1.374 Commissioners of Queen Elisabeth, who treating at Bremen with the Commissioners of Christiern the fourth King of Denmark▪ about a freedom of Navi∣gation through the Northern Sea, object a perpetual communitie of every kinde of Sea, from the Law of Nations, denie a Dominion, and wrest other things by way of Argument out of the Writers of the Im∣perial Law, which are clearly contrarie to our Eng∣lish Right, as also to the Intervenient Law of Nations, which hath continued in force for so many Ages about the Dominion of the Sea. Either, I say, the same must bee said of them, or els that they did not so much make choice of Arguments which they thought were true, to serv the present occasion, as of such that might seem to have the greater force and autoritie a∣mong those Civil Lawyers with whom they were in

Treatie. Nor is it a new thing, that Civilians should speak of a natural and perpetual communitie of the Sea, even where it is most certain that a Dominion thereof is admitted from all Antiquitie, in the very Territorie wherein they themselvs are comprehended; as I have formerly declared. There are also very many Rights among us, belonging either to the Exchequer, or to such as enjoy the Right of the Exchequer by Grant from the King, which som conceiv to bee grounded upon that Sea-Dominion, whereof wee discours: As the confiscation of Goods derelict in the Sea, and of som of the greater sort of Fish, as Wale-Fishes, Sturgeons, and others. And for the most part that of the Satyrist hold's good,

c 1.375 Quicquid conspicuum pulchrúm{que} ex aequore toto est, Res Fisci est ubicunque natat.—

Goods in the sea of any worth and note, Belong to th'Chequer wheresoëre they flote.

Besides wreckt goods cast out ashore, when no li∣ving creature belonging to the ship remain's alive. But these things do not onely appertain to him that is Lord of the Sea, but somtimes also to others in other Na∣tions. And they for the most part depend, either upon the Law or Custom of som Land, as in the case of Goods cast ashore, or of such as are found and impor∣ted; or els upon a Right over such Persons as shall first possess them, as in the case of any Goods whatso••ver derelict or found in the Sea, and others of that kinde. Therefore I thought it not meet to draw those things here into Controversie.

Som antient Testimonies of less account, touching the Sea-Dominion, whereof wee Treat. CHAP. XXV.

THE last head in the afore-mentioned Division is concerning som Testimonies of a lesser account. There hath been a piece of Gold very often coi∣ned by our Kings, called a Rose-noble, which was stampt upon one side of it with a ship floting in the Sea, and a King armed with a Sword and Shield, sitting in the ship it self, as in a Throne, to set forth a Represen∣tation of the Dominion of the English by Sea. The first Autor hereof was Edward the third; when

[illustration]

hee guarded his own Sea with a very numerous Na∣vie, consisting of a 1.376 Eleven hundred Ships; at which, as at other times, hee marched victoriously through France. Questionless, our Kings in a manner follow∣ed the example of Caius Allectus in this particular, who having gotten possession of the British Empire, (as was shewn b 1.377 before) expressed his own Dominion by such a kinde of Coin. This patern, which I have placed

here, belong's, I suppose, to Edward the Fourth. And in a Book c 1.378 lately set forth in France of the Coins belonging to the French Kingdom there are som that were stampt by those Kings of England who were also Kings of France. But that those Insignia of a Ship, the Sea, a Sword, and a Throne, did relate to the right of the Crown of Eng∣land, not at all to that of France, cannot bee doubted by any, who shall observ, that there is not the least impress or print of that thing to bee found in those French pieces, that were coined by the Kings onely of France. And whereas there are in the Coins of Zeland, certain repre∣sentations of Sea-Dominion, as a Lion issuing out of the Sea, and other things of that kinde; yet truly that is but of late time, and in no case a pointing out of Do∣minion (if you except their Ports and inner spaces of the Sea included within their Islands) but onely of the kinde of life and situation of the people. But the afore∣said English Coin had an inscription upon the revers (which is not unusual in the gold Coins of our Coun∣trie) taken out of the Gospel, viz. Jesus autem transiens per medium illorum ibat, which d 1.379 som have conceived was a sentence in use among the Chymists, who by a custo∣marie profanation of the name and passage of our Savi∣our, thought to set forth the majestie and dignitie of that Art of theirs, which refined the gold for these Coins in the time of Edward the Third; Others, that it served for an Amulet or Charm to make a man invulnerable or Shot-free. Wee finde indeed in som e 1.380 Lawyers, that these words are placed among those, that are used by men brought under Examination upon the Rack, to ease and drive away their pain: Touching which it is not worth the while to spend any farther Discours. But as for the meaning of the impress on the other side of the Coin, it is thus explained by a certain Versifier, whose

name is unknown, but hee wrote in English Rythme, in the time of Henrie the Sixt, touching the conservation of the Government of the Seaf 1.381;

For foure things our Noble sheweth to me, King, Ship, and Sword and Power of the See.

But his intent is, earnestly to perswade the English that it is their main interest diligently to guard the Sea (whereof the Kings of England are Lords) and to defend it with all their might, as the perpetual prop and sup∣port of their Empire. Hee saith also, that the same advice was given by the Emperor Sigismund, at his enter∣view with our Henrie the Fifth, for the procuring of on peace betwixt him and Charls the Sixth King of France. Give mee leav to set down his words.

The true processe of English policie Of utterward to keep this region Of our Englond (that no man may denie Nor say of sooth but it is one of the best) Is this; that who seeth South, North, East, and West, Cherish merchandise, keep the Admiraltie, That we be Masters of the narrow See.

For Sigismund the great Emperour, (Which yet reigneth) when he was in this lond With King Henrie the fift, Prince of honour, Here much glory, as him thought, he found; A mightie land which had taken in hand To warre in France, and make mortalitie, And ever well kept round about the See.

And to the King thus he said, My brother (When he perceivaed two towns Calys and Dover)

Of all your towns to chuse, of one and other, To keep the Sea and soon to com over To werre outwards and your reign to recover, Keep these two towns sure, and your Ma••estie, As your tweyne eyne, so keep the Narrow See.

For if this See bee kept, in time of warre Who can here passe without danger and wo•• Who can escape? who may mischief differre What marchandie may for by be agoe? For needs hem must take trewes euery foe, Flanders and Spaine, and other, trust to me, Or else hindred all for this Narrow See.

What is conteined more at large in these Rhythmes, you have the sens of it contracted above in few words. It is not worth while to render the words themselvs. The same Versifier also proceeds thus;

But King Edward made a siege royall And wanne the town; and in speciall The Sea was kept, and thereof he was Lord; Thus made he * 1.382 Nobles comed of Record.

Wee have also divers other very large Domestick Te∣stimonies of this thing, which are added in the next place, beeing mingled together with the antient Recog∣nition or acknowledgment of forein Nations concern∣ing the same.

That the Sea-Dominion of the Kings of Eng∣land is acknowledged by Foreiners, whom it most concern's, by their usual striking of Sails, according to antient Custom. Also concerning two Edicts or Ordinances that were set forth about this Thing, by the Kings of France. CHAP. XXVI.

WEe are com now to Foreiners. And it is clearly evident, by what wee have discoursed before, either touching the limits set for Navigation by the King of England, or the Licence of passage through this Sea often desired by Petition, that som of them have indeed acknowledged this Dominion. But there are two Testimonies more notable than the rest, which shew (if you consider chiefly, as you ought, their bee∣ing Neighbors, and such whom it concerned) that they generally did the same. The one is the usual striking of the Top-sails, by every Ship of any Forein Nation whatsoêver, if they sail near the King's Navie or any Ship belonging to the same Navie in the Sea. The other is a Libel published of old, or a Bill of complaint in∣stituted, wherein very many forein Nations heretofore, in the time our Edward the First, did all together, and by common consent with the English, acknowledg the Dominion of the Kings of England by Sea. Whereto I shall add also a particular declaration of that kinde, made by the Flemings, in an Ambassie to our Edward the Second.

But that the striking of Sails is don, not onely in ho∣nor of the English King, but also in acknowledgment of his Soveraigntie and Dominion in this Sea, is, I suppose, a thing out of question. Certainly, the French cannot doubt of it, who, by such a kinde of striking, would have had themselvs heretofore acknowledged Lords of our Sea; but in vain. That is to say, they were as much over-seen in the former Age, in setting forth two Edicts or Ordinances, to require and ratifie such a kinde of striking Sail to themselvs by all Foreiners, as they were in so rashly vindicating the Sea-Dominion of the King of England. Concerning those Edicts wee spake before in the a 1.383 former Book; Neither of which was received as valid in any Court of Justice, according to a decision made in the b 1.384 supreme Court of Parlament, which wee have observed also in that place. Yea, and here I shall set down the very words used by Ludovicus Servinus Advo∣cate general to the King of France, to magnifie the Auto∣ritie of those Edicts or Ordinances, at the time of that Decision. The one of them beeing set forth by King Henrie the Second of France, or in the year MDLV; the other by Henrie the Third, or in the year MDLXXXIV, they were both objected by those, who required a striking of Sail to them in the name of the French King, even without the bounds of France (for, the words of the Edicts did not relate onely to the Sea confining up∣on France;) upon which ground also they offer'd vio∣lence to certain Hamburgers who refused to do this, and seized them as guiltie of contempt against the dignitie and Dominion of the French by Sea. But as to this thing, saith Servinus, it may bee said on the contrarie, That the (Edicts or) Ordinances of the Realm making in∣junction to strike and com aboard, have not been observed and are not to this day; And it doth not appear that of the

year 1555. hath been verified in the Court of Parlament, but the Defendants do report onely an extract out of the Register of Broüage (which indeed is evident enough when that Edict is objected by the d 1.385 same man.) Moreover, it was an old obsolete Law, and that which prove's it, is the new Ordinance of the year 1584. For, there had been no need of a new Law if the old one had been kept; And notwithstanding that the last hath not been verified simply, but as it was promoted by persons in Power at that time, it did not pass without resi∣stance, but was Registred and Published with the Qualification required by the Procurator General, at the charge of the Exe∣cutor, according to the antient Forms, and such as the Officers of the Admiraltie had made in former time, without doing any thing anew. The former Edict, which was objected, was never admitted by the Estates of the Realm; for, nothing of that matter is to bee found in the Records of Parlament, which is the proper place for a Testimo∣nie of its admission. But the later was indeed admitted, though as to any effect of a Law, either at that time to bee enacted or introduced, or as received before into Custom, it was plainly rejected, and that at the instance of the King's Procurator; who desired it might bee so qualified, as you see, that what was grounded upon an∣tient Custom, it onely might bee ratified, even after this Edict was so admitted in favor of som great Ones. Which was discreetly don; seeing both the Edicts were extremely contrarie to the Custom of their Neighbors, yea, and of all Foreiners. But as to the business of striking sail, which they would have to bee a special Sign or Pledg of their Soveraigntie and Dominion in those Edicts, which notwithstanding, upon second thoughts, were rejected afterwards in Law (as hath been shewn;) truly, it having been usually and perpe∣tually acknowledged due for so many Ages to the

English, and performed accordingly both by stranger, and by the French themselvs (as a matter grounded upon long prescription) can bee no slight argument among the French, to confirm that Dominion of the English, whereof wee treat.

Moreover, it is affirmed by all that are used to the Sea as a thing out of Question, that this intervenient Law or Custom of striking sail hath been very usual to the English and other Nations; And that it is very antient and received for above four hundred years, appear's by this, that at Hastings, a Town situate upon the Shore of Sussex, it was decreed by King John, (in the second year of his Reign, or of our Lord MCC) with the assent of the Peers; that if the Governor or Commander of the King's Navie in his Naval Expe∣ditions (which were all in that Age upon the Southern Sea) shall encontre sur la mer (so the words run in the c 1.386 Norman Tongue) aucunes Nefs ou vesseaulx charges ou voide, qui ne vevillent avaler & abeisser leurs triefs, au commandement du Lieutenant du Roy ou de l' Admiral du Roy ou son Lieutenant, mais combatant encontre ceulx de la flote, que, silz puent estre pris, quils soient reputez come enemies, & leurs Ness vesseaulx & biens pris & forfaits come biens des enemies, tout soit que les Maistres ou posses∣sours d' iceulx voudroient venir apres & alleguer mesmes les Nefs vesseaulx & biens estre des amies du Roy no∣stre seigneur; & que la menye estant en iceulx soient chastiez per emprisonement de leur corps pur leur re∣belleté par discretion; That is to say, shall meet any Ships whatsoëver, by Sea, either laden or empty, that shall refuse to strike their Sails at the command of the King's Governor or Admiral, or his Lievtenant, but make resistance against them which belong to his Fleet; That then they are to bee reputed enemies if they may bee 〈1 page duplicate〉〈1 page duplicate〉

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taken, yea and their Ships and Goods bee confiscated as the Goods of Enemies. And that, though the Masters or Owners of the Ships shall allege afterward•• that the same Ships and Goods do belong to the friends and Allies of our Lord the King. But that the Persons, which shall bee found in this kinde of Ships, are to bee punished with imprisonment, at discretion, for their Rebellion. It was accounted Treason, if any Ship whatsoëver had not acknowledged the Dominion of the King of England in his own Sea, by striking Sail: And they were not to bee protected upon the Account of Amitie, who should in any wise presume to do the contrarie. Penalties also were appointed by the King of England, in the same manner as if men∣tion were made concerning a crime committed in som Territorie of his Island.

A Recognition or Acknowledgment of the Sea-Dominion of the King of England, made by very many of the Neighbor-Nations round about, in an antient Libel publickly exhibited, or in a Bill of Com∣plaint instituted by them, together with the English, against Reyner Grimbald Gover∣nor of the French Navie. Also, touching a Recognition of this kinde implied in his Defence. CHAP. XXVII.

THe other Testimonie concerning the Recognition of most Forein Nations in this particular, is that Libel or Bill of Complaint heretofore instituted by very many Nations together, wherein they unani∣mously declared the King of England and his Prede∣cessors to bee Lords of teh Sea flowing about, and brought them to give an acompt in a Court of Judi∣cature, who presumed to violate that Right: For the well understanding whereof, I shall relate the whole matter more at large.

A war being on foot between our Edward the First, and King Philip the Fair of France, it was so concluded somtimes by agreement, that there might notwithstand∣ing bee a Freedom of Commerce on both sides, and so a Truce with all Merchants whatsoëver on either side; but as to other things, hostilitie proceeded in the mean time (as it was wont) betwixt both the Nations.

This special kinde of Truce was called a 1.387 Sufferentia guerrae, sufferance of war, and during war, there were certain persons appointed by both Princes, to take cognisance of things don contrarie to this Truce, and pass their Judgments, according to the▪ b 1.388 Law or Custom of Merchants, and the Form of Sufferance. After a revo∣lution of som years (wherein this kinde of Truce took place, and somtimes not) a League was made in the year of our Lord MCCCIII. which is the one and thir∣tieth of Edward the first. The first Article of that League is, c 1.389 that those Kings should not onely bee at amitie with each other, but also that they should defend one another in all manner of Rights, against any others whomsoêver, except the Church of Rome, and on the part of the King of England; his son in law John Duke of Brabant; but on the part of the King of France, Al∣bertus King of the Romans, and John Earl of Henault. But the third Article thereof (for the first and third is of singular use in that Libel or Bill of Complaint, as will appear by and by) is this, Item il est accorde qe l'un ne receptera, ne sustendra, ne confortera, ne fera confort, ne aide as Enemies de l' autre, ne soffera qu' ils eient confort, souc∣cors, ne aide, soit de gent d' armes, ou de vitailes, ou d' au∣tres choses queles q' eles soient de ses terres ou de son poiar, mais adiondera sur peine de forfature de corps & d' avoir & empes∣chera à tot son poair loiaument en bon foi qe les dits enemies ne soient resceipts ne confortes es terres de sa seignurie ne de son poiar, ne q'ils en aient confort soccours ne aide soit gents d' armes, des chevaux, d' armeures, de vitails, ou d' autres choses queles q' eles soient: which is in English to this effect; that, ac∣cording to this contract of amitie, they were neither of them in any wise to cherish the enemies of the other, nor suffer any kinde of aid or relief to bee afforded them in their Territories. The war beeing thus at

an end, becaus there arose very many complaints con∣cerning injuries don up and down, as well in the more open as in our own Sea, during the special Truce afore▪ mentioned, but also it was probable that others of that kinde might arise perhaps after the League was made, especially by reason of the differences at that time betwixt the French King and the Earl of Flanders; therefore Commissioners were appointed by both Princes to hear and decide them. And those at that time on the behalf of the King of England were Robertd 1.390 de Burghershe Constable of Dover Castle, and John de Banquell Steward of Pontoise, Baraldus de Ses∣cas, and Arnaldus Ayquein Knights; on the French King's behalf were appointed the Lord Saquilly, Mitto∣nius Blanvillius, Bertrandus Jordanus, and Gulielmus Rala∣stansius, Knights also: To the end that they might take cognisance (so it is in the King of England's Commis∣sion) des enterprises, mesprises, & forfaites en Treve ou en Sufferance, entre nos & le dit Roy de France, d' un part & d' autre, es costeres de la mer d' Engleterre & autres per dece•• & ausint per devers Normandie & autres costeres de la mer per de la; that is, of encroachments, injuries and offences com∣mitted on either side in time either of the League or Sufferance, or, of the Truce agreed on between Us and the said King of France, for freedom of Commerce onely, either upon the Sea-Coasts of England, or any other neighboring Coasts of the Sea, either towards Normandie, or others more remote. But the aforesaid parties were autorised by two Commissi∣ons, in such manner, that the one Commission con∣tained four, and the other also four, an equal number beeing appointed by both the Kings. They both bear date the last day of June, MCCCIII. To these Com∣missioners or others of that kinde, the Libel was joint∣ly exhibited by Procurators, on the behalf of the Pre∣lates

and Peers of England, also of the high Admiral of England, yea, and of the Cities and Towns throughout England; and lastly, of the whole English Nation, and others subject to the King of England; and how this could bee don otherwise than by autoritie of the Estates in Parlament, is not to bee imagined. With these in like manner were joined the Procurators of most Nati∣ons bordering upon the Sea throughout Europe, as the Genoëses, Catalonians, Spaniards, Almains, Zelanders, Hollanders, Fri••slanders, Danes, and Norwegians, besides others under the Dominion of the Roman German Empire. All these to∣gether instituted an Action or Complaint against Reyner Grimbald, who beeing Governor of the French Navie, had, during the war between King Philip of France, and Guie Earl of Flanders, intercepted and spoiled Mer∣chants of their Goods in this Sea, that were bound for Flanders. And all these Complainants jointly say, that the King of England and his Predecessors, have time out of minde, without controversie, enjoied the Soveraigntie and Dominion of the English Sea, and the Isles of the same, by right of their Realm of England, that is to say, by prescribing Laws, Statutes, and Prohibitions of Arms, and of Ships otherwise furnished than with such necessaries as be∣long to Merchants, and by demanding suretie, and affording protection in all places where need should require, and ordering all other things necessarie for the conservation of Peace, Right and Equitie, between all sorts of people passing through that Sea, as well strangers, as others, in subjection to the Crown of England. Also, that they have had, and have the Sove∣raign Guard thereof, with all manner of Conisance and Jurisdi∣ction in doing Right and Justice, according to the said Laws, Statutes, Ordinances, and Prohibitions, and in all other mat∣ters, which may concern the exercise of Soveraign Dominion in the said places. To wit, such matters as concern'd the

office and jurisdiction of the Admirals, that were wont to bee appointed by the Kings of England. Then, adding the first Article afore-mentioned of the League made but a little before, whereby both Kings were obliged to defend one another's right, they proceed in their Accusation against Grimbald, saying; That hee is onely Master of the Navie of the King of France; but call's him∣self Admiral of the said Sea; and pretend's that hee was auto∣rised under that title by the King of France, upon occasion of his making warr against the Flemings. And that after the making of the said League, and contrarie to the intent and mea∣ning of the same, hee had for above a years time unjustly assu∣med a••d usurp••d the office of Admiral in the said Sea, by auto∣ritie of the King of France his Commission; taking the People and Merchants of England, and other Nations passing through that Sea, imprisoning and spoiling them of their Goods, and de∣livering them up to the King's Officers, as Goods forfeited and confiscate. And whereas hee hath in a very insolent manner justified these actions of his in writing, as don by autoritie of the King his Master's Commission, as also according to a Prohibiti∣on made by the King of England, and proclaimed, according to the intent of the aforesaid third Article of the Treatie, throughout his Dominions, (that is to say, a Prohibition which forbade a giving any relief to the French King's enemies within the Dominion of the King of England) and so endeavored to defend himself before the Commissioners; it was alleged to bee don to the great damage and prejudice both of the King of England, and of the Prelates, Peers, and all the rest, who jointly preferr'd the Bill, as afore∣said. Therefore they all with one consent pray, that the persons so imprisoned beeing set at libertie, and restituti∣on made of the Goods injuriously taken, they might bee refe••red to the Jurisdiction of the Admiral of Eng∣land (to whom alone this kinde of Jurisdiction, both

in respect of Things and Place, as well as Persons, did appertein) and that, by order of the Commissioners, Reyner Grimbald himself might bee enjoined to repair the losses of the Complainants, in case hee wore able to make satisfaction; or otherwise, that the King of France, who gave him Commission for that Command, might bee adjudged to do the same. But after reparation made, that then also the said Reyner might receiv such punishment for violating the League, as might deter others from the like attempt in time to com.

Now what was don by the Commissioners, is not ve∣ry well known: It seem's it was a matter of such 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 right of Dominion over the Sea, and that antient and confirmed by long Preseription, was in express terms here acknowledged by almost all the Neighbor-Nati∣ons, to belong to the King of England; and so, that hee might, at his own pleasure, give protection, and set Laws and Limits to all that sailed through this Sea, and used it in any manner whatsoever; nor could this kinde of Right bee altered or diminished by the diffe∣rences of the Neighbor-Nations between each other, or by any Right of war belonging to others, otherwise than in any other Territorie of his Dominion. And it is to bee observed, that the Flemings themselvs, betwixt whom and the French there was a war on foot at that time, were not, nor could they rightly have been par∣ties in that Charge or Accusation: For, by virtue of the aforesaid League made between the English and French, they were to assist one another by Arms to de∣fend each other's Rights; so that according to the League, the French King was permitted to use the Sea,

to infest the Flemings beeing his enemies, but not to in∣tercept such as passed this way from any other Nations, or that were bound with Merchandise for Flanders. And Paulus c 1.391 AEmilius, speaking of this very time, saith; The French King threatned ruine to Flanders. The King of England protected the Flemings. For, Edward was so far onely a friend of the King of France, that yet hee would not have the Flemings ruined. Thus our King order's the matter, both as a Defender of his own Right, and supreme Moderator also of Navigation in respect of others. Nor truly is it to bee omitted, that Grimbald himself here, beeing Governor of the French Navie, did not onely arrogate this power in this Sea from the Autoritie granted him by his King's Commission, but in express terms also made use of that Prohibition of the King of England, which was in force according to the Third Article of the said League, thereby to defend himself; as if hee had also acknowledged, that himself could not have lawfully held that office of. Admiraltie in this Sea, without such a Permission as hee concei∣ved himself to enjoy, by virtue of that Prohibition. For, by that Prohibition, it was required that no relief should bee given to the French King's Enemies, nor any aid afforded them within the Dominion of the King of England, (that is, per my son poere, which were the very words of Grimbald, as you may see in the Libel it self set down hereafter.) And so Grimbald expressly objected the Autoritie of that Prohibition, together with the pow∣er of his Master's Commission in defence of himself: As if hee had said, I use this power, it beeing given mee by the King of France, who put mee in Command over his Navie, and Affairs belonging to the Sea: But besides this, the King of England having set forth his Prohibition, commanded that no kinde of relief should

bee given to any Enemie of the French, within his Do∣minion, according to the League made between both the Kings. And therefore, seeing I have not taken ei∣ther the Persons or Goods of any but such as are Ene∣mies, or at least such as according to the Intervenient Law of Nations, are to bee reckoned upon an hostile Ac∣count (for, doubtless hee pretended, that they were to bee taken as Enemies of what Nation soêver they were, who relieved the Flemings by Merchandise or otherwise) I conceiv it a sufficient ground of defence in my be∣half, that the King of England, according to the League made, did by publick Proclamation require, that no succor or relief should bee given to the Enemies of France in any part of his Dominion. Upon which account, not to these, whom I took at Sea. The summe of all in brief is this; That Grimbald did not so much as imagine, that his office of Admiraltie or Pow∣er given him by Commission depended upon any Dominion of the King of France by Sea, but altogether upon the Autoritie of his Kings Commission, the League, and the King of England's Prohibition: As if the English King had openly declared by that League and Prohibition, that hee would not take it for any injurie to himself, during that kinde of League and Prohibition, although the French should fall upon any of their Enemies in his Dominion, or though they, which is all one here, should bee taken in his Sea, by the French King's Officers. Certainly, unless you so understand Grimbald, I do not see wherefore he should at all join that Prohibition together with the King his Master's Commission, in defence of himself, as it is expressed in the Libel, or why mention was made there of the Dominion of the King of England, throughout which that Prohibition was proclaimed, seeing the con∣troversie

arose touching things don onely by Sea. But if hee bee so to bee understood, certainly then hee did not onely forbear to oppose the antient right of the King of England by Sea, but also sufficiently acknow∣ledged it, while hee seem's to affirm that a tempora∣rie restriction onely was added thereto, by an accessi∣on of the League and the Prohibition: So that wee have a tacit acknowledgment even of the French themselvs at that time, in this their Admiral. But how the princi∣pal points of the League ought to bee expounded, it is no place here to discours; for; wee observ onely that the Sea. Dominion of the Kings of England was ac∣knowledged, in that Libel, by so many Nations.

Moreover truly, it is worthie observation; that about the very same time, to wit, a little before the making of the League, the King of England did homage to the French King for the Dutchie of f 1.392 Aquitain, the Earl∣dom of Pontois, and other Provinces that hee held in France; that hee was also wholly deprived of them som time before by decree of the Parlament of g 1.393 Paris; yea, and that about one hundred years before, King John was outed of Normandie; and yet afterward that the King of England now and then regained a possession of it, and that before the time of the League, and of the publication of this Libel; which serv all to this end, that wee may observ, that when the aforesaid famous controversie arose about the use and Soveraigntie of the Sea flowing between France and Britain, and the absolute Dominion thereof was asscribed by so many Nations, upon a Title derived time out of minde, to the King of England and his Predecessors, yet in the mean time no title at all was pretended in right to their possession either of Normandie, or Aquitain, where∣upon a Dominion of any part of the Sea might in any

sort bee grounded, but claimed upon the sole right of the English Empire. And it appear's evident by the thing it self, that the things complained of by those Nations in the Libel, were don by that Governor of the French Navie, chiefly in the Sea near the shores of France and Flanders, which were in hostilitie with each other: And so certainly they all unanimously affirm, that the whole Sea, whereof they speak, is under the Dominion of the King of England, and that upon the sole Account and right of the English Empire. And as for Grimbald, hee did not defend himself, either by a pretence of any Dominion of the King of France, or by disproving of that Prescription; whereupon the English Title depend's, as a thing not declared according to Truth or anti∣ent Right; nor did hee at all pretend, that the Right which the Kings of England had in the Sea borde ring upon France, did belong to them either upon the account of Normandie, or any other French Pro∣vince whatsoêver, as Fiduciarie Clients or Vassals of the King of France, though it had been convenient and very seasonable for him to have alleged all these Particulars, if the Truth had been so indeed. Where∣by also that is not a little confirmed, whereof wee discoursed before, about taking the names of the shore over against us, in the later Commissions of the Office of high Admiral of England, for limits onely of the Sea-Dominion of the Kings of England, and of the Province thereof under their protection. Moreover also, about seven years before the exhibi∣ting of the aforesaid Libel to the Commissioners, when as the King of France, by reason of divers heinous injuries don to his Subjects by the English in this Sea, required that the King of England (as

hee was the Fiduciarie Client or Vassal, becaus of Aquitain and other Provinces that hee held under him in France) should bee questioned not onely for wrong don, but also for his right to those Lands which hee held, and bee summoned to appear in the Parlament of Paris; the matter beeing set down at large in the Letter of Summons, hee inserted nothing therein whereby hee might seem to arrogate any Sea-Do∣minion at all to himself, or diminish that which belong'd to the King of England; as you may see in h 1.394 I lorilegus, who hath set down an entire Copie of them in his Annals. The same Autor also, speaking of the same Time, saith, i 1.395 At that time, there was nei∣ther Lord, nor Law over the Sea men; but what every man was able to catch, or snatch, hee called his own; which plainly denote's an extraordinarie Licence or of De∣predation, and infesting the Sea; yet so to bee under∣stood, that in the mean time the incomparable power of the English in Shipping, which guarded their Do∣minion by Sea according to the Custom of their An∣cestors, was chiefly signified thereby, the King very freely permitting his Subjects to use depredations by Sea, as long as the war continued. For, Florilegus himself relate's, that great numbers both of French and Spaniards, were then taken at Sea by the English. Yea, and about k 1.396 that time, Thomas of Walsingham write's, that either a French or Norman Navie of two hundred Sail, which roved about this Sea to rob the English, were overcom by a Fleet of sixtie English Ships, and brought into England. There is also another antient Autor of the same time, when these affairs were act∣ed, who saith, l 1.397 That in the Month of May, MCCXCIV. there fell out a Quarrel between the Sea-men of the Cinque-Ports of England, and the Sea-men of France, and it was

determined by a fight at Sea, wherein the English with a Fleet of one hundred Sail, took two hundred Ships of France, and drowned or killed almost all the Sea-men of France, for which caus, Philip King of France, endeavored to take a∣way Gascoign from the King of England. Others there are likewise, that have other expressions touching these things, whereby it is easie to collect what is meant by that of Florilegus, when hee saith, that there was neither Lord, nor Law, over Sea-men, at that time; that is to say, the King of England had let the reins loos to his Subjects, as Moderator of this Sea, and this hee did, that they might not onely restrain his ene∣mies, but them also that should reliev his enemies in any manner whatsoêver, or that should use the Sea otherwise than at his pleasure, who was Lord there∣of. But as concerning the like acknowledgment, made singly and apart by the Flemings, of the Dominion of the Kings of England over the Sea, I shall Treat by and by; after that I have in the next place set before you the Libel it self in its own, that is, the Norman Tongue, as it stand's recorded in the Tower of Lon∣don.

A Copie, or Transcript of the Libel or Bill of Complaint, mentioned in the former Chapter. CHAP. XXVIII.

IN the Archives of the Tower of London, where Records of above four hundred years are kept, there is a bundle of Parchments, which contein som affairs relating to the times of Henrie the Third, and of Edward the First and Third. The first contein's an agreement made between Edward the First and Guy Earl of Flanders, touching their Ships bearing of Colors about this Sea, to the end that they might bee the more easily known. Then there are annexed three ei∣ther Originals or Copies of the said Libel written at the same time. For (as it seem's) the several Procurators of those Nations, that were parties in the Complaint, had their several Libels, though expressed in the name of all together. So that one is endorsed thus, De Baiona, as if that Libel had been exhibited singly by the men of Bayonne; but the title run's thus, De Su∣perioritate Maris Angliae, & Jure Officii Admirallatûs in eodem, that is, Of the Superioritie (or Soveraign∣tie) of the Sea of England and the right of the Office of Admiraltie in the same, as it is also in the said agreement between the King and the Earl of Flanders. Also, in one of the Libels, to those words is added retinendis & confirmandis; All beeing very plain∣ly written in the usual Character of that Age, where∣unto the matter relate's. And there can bee no scruple touching the realitie and truth of them to any one that

seeth them, who is but a little acquainted with the antient writing and such kinde of Records. I gave you the whole sens, yea and partly the words before; but now have thought fit to set down an entire Co∣pie of the Libel, as it was written at that time in the French or Norman Tongue; which run's after this manner.

A vous, Seigneurs, Auditours Deputez per les Rois d' Engleterre & de France, a redresser les dammages faits as gentz de lour Roiaulmes & des altres terres subgitz a leur seignuries, per mier & per terre, en temps de Pees & Trewes, monstrent les Procurors des Praelatz et Nobles, & del Admiral de la mier d' Engleterre, & des Comminalties des Citties, & des Villes, & des Marchaunz, Mariners, Messagiers, & Pele∣ringes, & de tous autres du dit Roiaulme d' Engleterre & des autres terres subgits a in segnurie du dit Roy d' Engletterre & d' aillours, si comme de la Marine de Genue, Cateloigne, Espaigne, Alemaigne, Seland, Hoyland, Frise, Denemarch, & Norway, & de plusours autres lieux del Empire, que come LES ROYES D' ENGLE∣TERRE PAR RAISON DU DIT ROYALME, DU TEMPS D' ONT IL NY AD MEMOIRED DU CONTRARIE, EUSSENT

ESTE EN PAISIBLE POS∣SESSION DE LA SOVUE∣REIGNE SEIGNURIE DE LA MIER D' ENGLEIERRE ET DES ISLES ESTEAUNS EN YCELLE, par ordinance & establisement des lois, estatutes, & defenses d▪ armes, & des vesseaux autrement garnies que vesseaux de Marchandise, et de seurté prendre et savegarde doner en tous cas que mestier serra, et par ordinance de tous autres faits necessaries a la garde des pees, droiture, et equite entre toute manere des gentz taunt d' autre seignurie come leur propre par illeque's passanz, et par soveraigne guarde et tote manere de conisance et Justice haute et basse sur les dites lois, estatuts, ordinances et defenses et par toutz aultres faitz queux à le governement de soveraigne seignurie appertenir purront es lieux avant ditz. Et A. de B. Admirall de la dite mire deputez per le Roy de Engleterre, et touz les autres Admiralls per meisme celui Roy d' Angleterre et ses Aun∣cestres jadis Rois d' Engleterre, eussent este in paisible possession de la dite soverein garde ove la conisance et Justice et toutz les aultres aperte∣nances avantdites (forspris en cas d' appell et de querele fait de eux à lour sovereigns Roys d'

Engleterre de deffault de droit, ou de malvais juggement) et especialment par empechement metere, et Justice faire, seurte prendre de la pees de toute manere des gentz usaunts armes en la dite mier, uo menans niefs aultrement apparal∣lez ou garniez que n' appartenoit au nief Mar∣chande, et en toutz aultres points en queux home peut aver reasonable cause de suspection vers eaux de robberie ou des autres mesfaits. Et come les Maistres des Neifs du dit Royalme d'En∣gleterre, en absence des dits Admiralls, eussent este en paisible possession de conustre et jugger des touz faicts en la dite mire entre toute manere des gentz solon•• les lois estatuts et les defenses et Custumes. Et come en le pimier article de l' Alliance nadgairs faite entre les dits Roys, en les traitz sur la darrain pees de Paris, soient comprises les paroles que ••ensujent en un cedule annexe à y••este (At non in schedulâ annexâ, sed in eâdem membranâ de∣scriptum est quod sequitur; unde non tam ipsos libellos, qui cognitoribus edeban∣tur, quàm sive formulas eorum archetypas sive exemplaria descripta haec esse conji∣ciendum fortè est; utì etiam ex eo quòd Admiralli Angliae nomen aliter ac per A. de B. non inseratur; quae prima elementa non

sunt nominis alicujus tunc temporis An∣gliae Admiralli in sacris Scriniis reperti) Primierement il est traict & accord entre nous & les messagers & les procurers susdits, en nom des dits Roys, que iceux Roys serront l'un à l'autre, desores enavant, bons, vrayes, & loyaux amys, & eydans contre tout home (sauve l' Esglise de Rome) en tiele manner que si ascun ou plusieurs quicunques ils fuissent voloient de∣pointier, empescher, ou troubler les dits royes es franchises, es liberties, privileges, es drois, es droitures, eu es custumes de eux & de leur royalmes q'ils seront bons & loyaux amys & aydans contre tout home que puisse viure & morir à defendre gardir & maintenir les fran∣chises, les liberties, les privileges, les droitures, et les custumes desusdites; Except pur le dit Roy d' Angletterre, Monsieur Johan Du•• de Braban en Brabant, et ses heirs dessendans de lui et de la fille le roy d' Angleterre, et excepte, pur le dite nostre seigneur ••e roy de France l' excellent Prince Monsiur Aubert Roy d' Alemaigne et ces heirs royes d' Alemaine, et Monsieur Johan Count de Henau en Henau. Et que l'un ne serra en consail ne en aide ou l' autre perde vie, membre, estate ou honor; Monsieur Reyner Grimbaltz Maistre de la Navie du dit Roy de France,

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In English it run's thus:

To you, our Lords, * 3.1 Auditors deputed by the Kings of England and France, to redress the wrongs don to the People of their Kingdoms, and of other Territo∣ries subject to their Dominion, by Sea and by Land, in time of Peace and Truce.

The Procurators of the Prelates, Nobles, and of the Admiral of the Sea of England, and of the Commonalties of Cities and Towns, and of the Merchants, Mariners, Messengers, Inhabitant strangers, and all others belonging to the said Realm of England, and the other Territories subject to the Dominion of the said King of England, and of others under the Iu∣risdiction of the same; As also of divers other Nations, Inhabitants of the Sea-Costs of Genoa, Catalonia, Spain, Almaign, Zeland, Holland, Friesland, Denmark, and Norway, and of divers other places of the Empire, do declare; That whereas THE KINGS 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, with power of making and establishing Laws, Statutes, and Pro∣hibitions

〈6 lines〉〈6 lines〉 of people, as well of other Domin••••ns as their 〈◊〉〈◊〉 passing through the said Seas, and the Saveraign Guard thereof. And also 〈…〉〈…〉 all manner of Cognisance in Causes, and of doing right a••d Iustice, to high and low, ac∣cording to the said Laws, Sta••u••es, Ordi∣nances, and Prohibitions, and all other things which may appertein to the exercises of Sove∣raign Iurisdiction in the places aforesaid. And whereas A. de B. deputed Admiral of the said Sea by the King of England, and all other Ad∣mirals appointed by the said king of England, and his Ancestors▪ heretofore kings of England, 〈3 lines〉〈3 lines〉 of a••••••al and complaint made of them to their Soveraigns the kings of England, in default of Iustice, or for evil Iud••••••n••▪ a••d especially of making Prohibitions, doing▪ Iustice, and taking surety of the peace of all manner of people▪ using arms in the said Sea, or carrying S••••ps other∣wise furnished and ••et forth th•••• Merchant∣men use to bee; a••d in all other points where a man may have reasonable caus to suspect them of Robbery or other •…•…∣uors. And whereas the Masters of the Ships of the said kingdom of England, in the absence of the said Admiral, have been in

peaceable possession of taking cognisance and judging of all A••••ions don in the said Sea, be∣tween all manner of people, according to the Laws, Statutes, Prohibitions and Customs. And whereas in the first Article of the League lately made between the said Kings, in the Treatie upon the last peace at Paris, there are comprised the words here following, in a Sche∣dule annexed to these Presents. (But that which follow's is not written in a Schedule annexed, but in the same Parchment; from whence it may perhaps bee conjectured, that these are not so much the very Libels themselvs, which were exhibited to the Com∣missioners or Auditors, as antient Copies taken from the Original; as also from this, that the name of the Admiral is set down A. de B. which two first Letters do not agree with the name of any one that wee can finde in Record, to have been Admiral of England at that time.) First, it is concluded and accorded between Us and the Agents and Procurators aforesaid, in the names of the said Kings, that the said Kings shall from this time forward, becom to each other good, true, and faithful friends, and bee aiding to one another against all men (saving the Church of Rome) in such manner, that if any one or more, whosoever they bee, shall intend to disturb, hinder, or mo∣lest the said Kings, in the Franchises, Liberties, Privileges, Rights, and Customs of them and their Kingdoms, They shall bee good and faith∣ful friends to each other, and aiding against all men living, and readie to die, to defend, keep and maintein the Franchises, Liberties, Privileges Rights, and Customs aforesaid; Except on the

behalf of the said King of England John Duke of Brabant in Brabant, and his heirs descending from him and the daughter of the King of Eng∣land; and except on the behalf of our Lord the said king of France, the excellent Prince Monsieur Albert king of Almaign, and his heirs kings of Almaign, and Monsieur John Earl of Henault in Henault, and that the one shall not bee of Coun∣sel, nor aiding, where the other may lose life, member, estate, or honor.

Monsieur Reyner Grimbald, Master of the Na∣vie of the said king of France, who call's himself Admiral of the said Sea, beeing deputed by his aforesaid Lord, in his war against the Flemings, did, after the said League made and confirmed, against the tenor and obligation of the said League, and the intent of them that made it, wrongfully assume and exercise the office of Ad∣miraltie in the said Sea of England, above the space of a year by Commission of the said king of France, taking the people and Merchants of the kingdom of England, and of other places, passing through the said Sea with their Goods, and committed them so taken to the prison of his said Lord the king of France, and delivered their Goods and Merchandises to the Recei∣vers of the said king of France by him deputed in the Ports of his said kingdom, as forfeited and due unto him, to remain at his Judgment and award. And the taking and deteining of the said people with their said goods, as also his said Judgment & award, for the forfeiture & ac∣quest of them, he hath iustified before you, Lords, Auditors, in writing, by virtue of the auto∣ritie of his said Commission of Admiraltie afore∣said,

by him usurped after this manner, and du∣ring a Prohibition or Restraint generally made and proclaimed by the king of England, in right of his Dominion (according to the tenor of the third Article of the League aforesaid, which contain's the words above-written) requiring that hee may thereupon bee acquitted and dis∣charged of the same, to the great damage and prejudice of the said king of England, and of the Prelates & Nobles, & others above-mentioned.

Wherefore, the said Procurators, in the names of their said Lords, do pray your Lordships Auditors, that you would caus due and speedie deliverance of the said people, with their Goods and Merchandises so taken and deteined, to bee made to the Admiral of the said king of England, to whom the cognisance of the same of right ap∣perteineth, as is before expressed; So that, with∣out disturbance from you or any other, hee may take cognisance thereof, and do what belong's to his office aforesaid; And the said Monsieur Rey∣ner bee condemned and constrained to make sa∣tisfaction for all the said damages, so far forth as hee shall bee able, and in his default his said Lord the king of France, by whom hee was deputed to the said office; and that after satis∣faction given for the said damages, the said Monsieur Reyner may bee so duly punished for the violation of the said League, that his punish∣ment may be an example to others in time to com.

So far the Libel of so many Nations, manifestly ac∣knowledging the Soveraigntie and Dominion of our Kings over the Sea, and thereupon demanding protecti∣on for themselvs. And whereas no mention is made of this thing in the Histories either of the French, English, or

others, it is no wonder since the proceedings of Courts of Judi••a••ure are very seldom set down in Histori••••▪ But wee understand by the French Historie, that this Gri••bald was Gov••••••or of the French Navie at the very same time. Paulus AEmiliu•• writing of Philip the Fair, saith, a 3.2 Hee hired sixteen Gallies from Genoa, ••ver which Reyner Grimbald was Governor or Commander. Hee sail∣ing about by Sea, infested the Sea-Coast of Flanders. Regi∣merus, Regin••rus, or Reynerus Grimbaldus, is one and the same man; and among the Genoêses, there is an emi∣nent Family of that name: But becaus hee was a Fo∣reiner and Mercenarie, therefore (it seem's) Joannes Feronius left him out of the Catalogue of the Admirals of France; yet b 3.3 Joannes Tilius placing him among the Governors of the French Navie, call's him Roverius Grimaldus. Hee also is that Admiral of the King of France, who, as Joannes de c 3.4 Beka saith, had command of three hundred and fiftie Gallies, that were sent by Philip the Fair, in the year MCCCIV. to aid the Hol∣landers against the Flemings. There are also several par∣ticulars in the Records of France, which relate to the differences then on foot between the English and French: And although that Libel or any Copie of it bee not found therein (if wee may credit Tilius, who set forth a Catalogue of that kinde of Records) yet there is that Commission among them, whereby the aforesaid Au∣ditors or Commissioners were autorised to determine of things don contrary to the League. It is described by d 3.5 Tilius after this manner; Pouvoir donè par le Roy Edo∣vard à deux nommez & accordez de sa part pour avec les deux eleuz de la part du dit Roy (Phelippe) d' enquerir & amendir les forfaictes durant lour trefue, le Dernier Juin MCCCIII. Ou tresor; layette Procurationes, posse, & po∣testates Angliae; K. Power was given by king

Edward to two persons named and appointed on his part, to meet with two persons chosen on the behalf of the said king (Philip) to make enquiry and give remedy touching Injuries committed during the Truce betwixt them the last of June MCCCIII. in the Treasury; in the Box intituled, Procurationes, posse, & potestate••s Angliae; K. The Commissions bear date the same day and year; whereby these Auditors or Commissioners were appointed for this purpose, as wee observed be∣fore out of our own Records. Nor is it of any force here to the contrarie, that Commissioners were somtimes e 3.6 deputed in the same manner by the Princes of the shores on both sides of the Sea, as also by the afore∣said Kings, to determine complaints about robberies and other injuries usually don by private persons to one 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 same ground, that they were but part∣owners of their own Countries, and had an equal in∣terest in each other's Land. Besides, in such a kinde of deputation as that, there is more regard had of the per∣sons offending, that are to bee tried, than of the Domi∣nion of Territories; which truly is wholly to bee dis∣covered som other way.

A Recognition or acknowledgment of the Sea-Dominion of the Kings of England, made by the Flemings in an Ambassy to Edward the Second. CHAP. XXIX.

TO these let us add now the assent and voluntarie acknowledgment of the Flemings in the Parlament of England, in the Reign of Edward the Second. When as the Ambassadors of Robert Earl of Flanders complai∣ned of the taking of their Goods away at Sea, implo∣ring remedie of the King of England, they said more than once that they were taken upon the English Sea towards the parts about Crauden, within the pow∣er of the King of England, and brought into England; but that it appertained to the King of England to take cognisance of the crime, for that hee is Lord of the said Sea, and the aforesaid depredation was committed upon the aforesaid Sea within his Territorie and Jurisdiction; which are the words of the Record; but I shall set down the f 3.7 whole, so far as it relate's to this business.

Memorandum, That whereas for the reformati∣on of certain injuries in an amicable way, don by the Subjects of the Earl of Flanders, to the Subjects of the Kingdom of England, and by the Subjects of the said Kingdom to those of Flanders, since the time that our said Lord the king undertook the Government of his king∣dom, several Treaties had been held between the Council of our said Lord the king, and the Ambassadors of the said Earl often sent into

England, upon the aforesaid occasion, which Treaties, by reason of som impediments that happened, did not a••tem the desired effect▪ at length in the Parlament of our said Lord the king, held▪ at Westminster in oc••abis Sancti Micha••∣lis, in the fourteenth year of his Reign▪ there appeared certain Ambassadors of the said Earl, to treat about reforming the aforesaid injuries in the form aforesaid. And when as the said Ambassadors had been admitted by our said Lord the king to treat anew of this kinde of Iniuries, these Ambassadors, as other Ambas∣sadors of the aforesaid Earl, in the aforesaid Treaties did, among other particulars that they required, before all things make supplicati∣on; That the said Lord the king would at his own s••••t, by virtue of his Roial Autoritie, caus enquirie to bee ma••••, and do Justice, about a certain depredation la••ely made by the Subiects of England (as they said) upon the English Sea, of Wines and divers other Merchandises be∣longing to certain men of Flanders, towards the parts about CRAUDEN, within the Ter∣ritorie and Jurisdiction of our said Lord the king; alleging that the aforesaid Wines and Merchandises taken, from the said Flemings, were brought within the R••••••m and Jurisdi∣ction of the said Lord the king, and that it be∣long'd to the king himself so to do, for that HEE IS LORD OF THE SAID SEA, and the afore∣said depredation was made upon the said Sea within his Terr••••or•••• and Jurisdiction. In conclusion, after diligent consideration had of the Premisses in the same Parlament, with the Prelates, Earls, Barons, and other Peers of

the said Realm beeing there present, it was con∣cluded upon their advice by the said Lord King, that, to preserv the benefit of Peace between the Subjects of England and ••landers, the said Lord king do by his Roial Autoritie caus enquirie to bee made about the Goods taken at that time upon the aforesaid English Sea towards the said place of CRAUDEN, and brought within the said Realm, in those pla∣ces where the Malefactors went with the goods so taken to the said Land of England, and caus the same depredation to bee heard and determi∣ned according to Law and Reason, and that the Owners of the Ships who had a hand in the said depredation, and others, who knowingly received the said Offendors with the Goods so taken in whole or in part, may bee charged and punished thereupon, as par∣takers, of the aforesaid depredation.

So far that Record. And Commissioners were ap∣pointed with power of Jurisdiction by the King's Commission, through most of the Maritim Counties, to make reparation of damages. But becaus there are upon the shores over against us (especially those of Zealand, and there are also upon other neighboring shores) besides Inlets of Rivers, very many windings and turnings of the Sea flowing in, whereby the land is so interwoven up and down, that it cannot well bee but that the Sea also which flow's in, and often∣times remove's Banks and make's Harbors there in the same manner almost as a River or Brook, must bee conteined under the same Jurisdiction, as an entire Bodie with the Land; therefore somtimes mention is made also of this kinde of Sea flowing in, as of a

Sea reckoned within the Jurisdiction & Current of the Sea of the opposite shores; as for example, of the Sea Flanders, or (as I finde it in som antient b 3.8 Manuscripts which seem to bee the Originals of certain Letters of King Henrie the Fift to the Earl of Carolois, and to the Governors of Ypres, Gaunt, and Bruges) deins la Juris∣diction & l'estrem de la meer de Flandres, within the Ju∣risdiction and stream of the Sea of Flanders, which is all one. For, setting aside the Sea so flowing in or ma∣king an in-let or harbor before the opposite shore, all that which remain's, or the Sea flowing between those opposite Countries and England, was ever esteemed to bee of the English Dominion, according to what I have formerly shewn. So that a late Writer doubtless was in a dream, when, upon the repairing of the Dock at Mardike, hee write's, c 3.9 that hee saw the Empire of the British Sea restored to the King of Spain. And so I have don with this point, touching the Declaration and acknowledgment of the Sea. Dominion of our Kings, made by those Forein and Neighbor-Nations, who were most concerned in the Business.

Of the Dominion of the King of Great Bri∣tain in the Irish and Western Sea, consi∣der'd singly and apart by it self. CHAP. XXX.

I have alreadie spoken in general, of the English or British Sea, which is a part of the Patrimo∣nie of the Crown of England, but chiefly as it lie's either East or South. It rest's now, that wee treat of the Western, as also the Scotish and Nor∣thern, and in a word of the whole British Sea that remain's. It is evident to all, that part of the Western Sea, lying before England, is understood as well in that Libel which was exhibited by so many Nations to the Commissioners deputed by the Kings of England and France, above three hundred and thirtie years ago, wherein wee so often read le mer d' Angleterre or the sea of England, as in the King's Commission-before mentioned, wherein our Kings are expressly-declared Lords of the English Sea on every side; and therefore I shall forbear to repeat what is a 3.10 cited out of Bracton, about the Es∣soyning or excusing of a man absent in Ireland, and other things of that kinde alleged before, which make to this purpose. Moreover also, wee read every where, that all the Isles in this neighboring Sea were called British (as wee observed at the beginning of this Book) just as if the narrow Seas flowing be∣tween, like Rivers or turnings of Rivers, did dis∣join those Banks or Shores from great Britain, as

* 3.11 Fragments of the same. Whereby it appear's, that the narrow Seas themselvs with the Isles, even as Rivers with their Banks, are to bee reckoned a part of the British Territorie. And hereunto especially re∣late's also that expression in the Libel so often cited; to wit, that the Kings of England have ever been Lords both of the English Sea (or of the British, so far as it stretcheth before England) and also of the Isles situate therein, par raison du Royalme d' Angleterre, by right of the Realm of England. So that the Isle of Man, which (as Giraldus Cambrensis saith) stand's in this Sea, in the very midst betwixt the Northern Parts of England and Ireland, was (if I understand any thing) reckoned of old among the Land-Pro∣vinces of England, even as the Isle of Wight, Lundie, and others of that kinde. Nor doth it seem to bee under∣stood otherwise by those men of antient time, who, upon occasion of a dispute, whether this Isle ought by right to bee taken for an appendant of England or Ire∣land beeing placed in the midst of the Sea flowing between, determined the controversie on this manner. They brought venemous serpents; and observing that the Isle did entertain and cherish them, as well as England and the rest of great Britain, but on the contrarie that Ireland destroied them, it was concluded (saith b 3.12 Gi∣raldus Cambrensis, who lived under Henrie the Second) by the common censure of all, that it ought to bee ascribed unto England. For, if they had so thought the Terri∣torie either of Ireland or England, as it consisted of Land and Sea, to bee dis-joined from this Isle of Man, that they had conceived the Sea lying between, either common to all men, or by antient right subject to other than the Kings either of Ireland or Britain, they might seem to have raised a very ridiculous Contro∣versie:

For, I suppose, the Question could bee no other, than touching the bounds of England or great Britain, and Ireland. But that a Question about bounds may bee admitted between Owners that are Neigh∣bors, where the Territories of both are not continual or contiguous, is beyond my understanding. It is well said by c 3.13 Paulus; that if a publick Thorow∣fare, or publick River intervene, which belong's to neither of the neighboring Owners, an Action cannot bee brought upon that Title of the Law, Finium Regundorum. And truly, after that Quintus Fabius Labeo, beeing d 3.14 appointed Arbiter by the Senate betwixt the Nolans and Neapolitans about the bounds of a Field, had so craftily perswaded both of them to retire backwards apart from each other, that a portion of the Field was left in the middle which hee adjudged to the people of Rome, there could not any Controversie arise far∣ther between them about the bounds of this Field; becaus there ceased to bee any confine betwixt them: But if any Question arose afterwards, they were both to contend with the people of Rome. Even so it is to bee conceived of that Question, to which of the two Countries the Isle of Man ought by Right to bee ascribed; it arising chiefly upon this ground, becaus it lay in the midst between the Territories belonging to Ireland and Britain, and at the confine of both. For, by an Argument drawn from the nature of the very soil one∣ly, without a civil consideration of Dominion (though they would have here the very nature of the soil to bee the evidence thereof, as a Lot for decision) it ought no more to bee ascribed either to Britain or Ireland, than to Norway, Spain, or France, where every man know's that venemous Creatures are bred as well as in Britain. Therefore, to bee ascribed to England or Britain in that

antient Decision, is, so immediately to bee annexed to the British Territorie, that the Isle of Man may truly, and in a civil sens, bee called a Land-Province of England or Britain, seeing the English Territorie is so continually extended as far as its Western Coasts; that which bend's Westward from the very Confine, beeing ascribed to Ireland. And therefore Queen Elisabeth's Commissioners let fall those words too unadvisedly in the d 3.15 Treatie, held at Bremen, with the Danish Commissioners, about free Navigation and Fishing in the Norwegian Sea; That the Kings of England never had prohibited Navigation and Fishing in the Irish Sea between England and Ireland; as if they would have had it proved from thence, that the Dane ought not to bee prohibited Fishing or Navi∣gation between Island and Norway, becaus neither were Lords of the Sea, but had possessed the Shores onely on both sides by an equal Right. There were other particulars also no less rashly spoken touching a communitie of the Sea, as wee observed before. Concer∣ning Navigation and Fishing in the Norwegian Sea, I shall add more by and by. But as it was ill don of those Commissioners in that Treatie to make use of an Argument drawn from a necessarie communitie of the Sea, so there is no truth in that which they let fall concerning the Irish Sea. For, wee know, that not onely those pettie Potentates bordering near the Sea heretofore, that were in Rebellion and had usurped the Kings Right in many places of Ireland, did exact grievous Tributes of Foreiners for the very libertie of Fishing; but also it was expressly provided by Act of e 3.16 Parlament, that no Foreiner should Fish in the Irish Sea, without leav first obteined to this purpose from the Lord Lievtenant, or som other lawsul De∣putie or Officer of the King of England; yea, and that

all Foreiners should pay yearly, for every Fisher-boat of XII Tons or upward, thirteen shillings and four pence, and for everie lesser Vessel two shillings; upon pain of forfeiting their Vessels, Furniture, and all Goods what∣soëver, if so they refused this kinde of paiment or did not acknowledg this Soveraignite of the Lord of the Sea. But I shall insert the whole Act touch∣ing this business, that wee may understand what was the most received Opinion of all the Estates of Ireland, touching this Right here of the King.

Item, at the requeste of the Commons, that where divers vessels of other landes fro one daie to other goynge to fish amongst the kings Irish enemies in divers partes of this sayd land by which the kings said ene∣mies bee greatlye advanced and strengthened aswell in vitualles, harneys, armor, as dyvers others necessaries, also great tributes of money given by every of the said vessells to the said enemies from day to day to the great augmen∣tation of their power and force against the King's honor and wealth, and utter distructi∣on of this said land, thereupon the premisses considered, it is enacted and ordeined by aucthoritie of the said Parliament, that no manner vessell of other landes shall bee no time nor season of the yeere from henceforth, from the feast of the Nativity of our Lord Jesus Christs next comming, go in no part of the said land be∣twixt the said Irish enemies to no manner fish∣ing without one special licence of the Lieute∣nant, his deputy or Justice of the land for the time being, or licence of another person having

the kings power to grant such licence, upon paine of forfaiture of the shippe and goods to the king. And that whatsoever person or persons that find or impeche any of the said vessells, rumpants or forfaites against this act by the auctoritie of the same, it bee law∣full to them so making any claime in behalfe of the King, and approving the said forfaytures by any of the said vessels to be made, that the king shall have th'one moitye of the said for∣feyture, and the said person or persons shall have th'other without anye impechment, and that all manner vessells of other lands com∣ming in the said land of Ireland a fishing, be∣ing of the burden of twelue tunnes or lesse, haveing one Drover or boate, everye of them to paye for the maintenance of the Kings warres there xiii. s. iiii. d. by the yeer. And all other small vessells as scarfes or boates, not haveing Drover nor lighter being within the said bur∣den of twelve runnes, every of them shall paye twoe shillings goings a fishing in the like manner. Provided alwayes that no vessell fyshing in the North parte of Wicklo, be charged by reason of this art; and that the Lieutenant, his deputy or Justice of the land for the time be∣ing, shall have the foresaid summes and duties of mony so paid to be imployed in the Kings warres for the defente of the said land, and that the Customers and Collectors of the same summes shall accoumpt before the said Justice, Lieutenant, or Deputy for the time being, or such Auditors that shall be for the same appoin∣ted by the king or them, and not before the

Barons of th'exchequer in the said lande; and that none of the saide vessels so comming from other parts in the saide lande shall not depart out of the saide lande, till every of them pay their said duties upon pain of forfeiture of the vessels and goods to the King.

There are som also who affirm, that the King of Spainf 3.17 obteined leav by request from our Queen Marie, for XXI years, to fish in the more Northerly part of the Irish Sea, and that thereupon a Revenue of one thousand pounds per annum was advanced to the Exchequer in Ire∣land. A Proclamation also was set forth byg 3.18 James King of great Britain, prohibiting any foreiner, without leav first obteined, to fish in this Irish Sea. But as to what concern's that Controversie about the Isle of Man, al∣though it bee remember'd by Giraldus (who wrote in the Reign of Henrie the Second) nevertheless it is to bee conceived, that it arose in the more antient times of the English-Saxons, when all that lie's betwixt England and Ireland, was in subjection either to the Kings of Ireland, or Britain, that is, when both of them had in this Sea distinct Territories of their own, whose Bounds were in question. Certain it is, ash 3.19 Beda write's, that Edwin the most potent King of the Nortbumbrians, or rather of all the English-Saxons, subdued the Mevanian Isles to the Dominion of England, about the year DCXXX. That is to say, both that Mevanian which wee call Anglesey, & the other also which is Man, whereof wee discoursed. But in the later time of the Anglo-Saxon Empire, the Nor∣wegians or Danes, who exceedingly infested both this and the North-east Sea with very frequent Robberies, at length seized both this Isle and the Hebrides, and held them almost two hundred years: So that in the mean time, this of Man could not in a Civil sens bee

ascribed either to Ireland or Britain. But that the Kings thereof were at that time Lords as well of the neighbo∣ring Sea as of the Isles, may bee collected out of their An∣nals, where we find that Godred, whose sirname was Cro∣van, King of Man, in the year of our Lord MLXVI brought Dublin and a great part of Laynster j 3.20 under his subjection. And so throughly subdued the Scots, that no man, who built a Ship, durst drive in more than three Nails: So that hee gave both limitation and Law to the Shipping of his Neigh∣bors; which is all one, as to enjoy the very Dominion of the Sea, as I have shewn in what hath been alreadie spoken. And from hence perhaps it is, that the more antient Arms of the Kings of Man were a Ship with a Sail folded together, and this Inscription added, Rex Manniae & Insularum, King of Man & of the Isles; as M^r k 3.21 Camden observ's from their Sails: For, the three legs of humane shape, now every where known, are but of later time. But afterwards, when Ireland was subdued by Henrie the Second, and King John, and Reginald King of Man l 3.22 brought into the power of King John (the En∣glish possessing this Sea at that time with a very nume∣rous Navie) there is no reason at all to doubt, but that the neighboring Sea round about was taken also into the Dominion of the English. For, in that Age the King of Man was no absolute Prince; but beeing subdued, hee paid homage to the King of England, & yielded under his sub∣jection. But in a short time after Alexander the Third, m 3.23 King of Scots, annexed it to the Dominion of Scotland, and put in a Governor, who was to assist him upon occasion with thirteen Gallies & five hundred Seamen. Hee recover'd the Hebrides also, by driving out the Nor∣wegians, & transmitted it to his posteritie. Then, Man retur∣ned again to the English; who enjoied Ireland a long time together with it & that sea-territory. But the Kings of the

Hebrides and of Scotland enjoied the Northern part of this Western Sea, after that they had expell'd the Nor∣wegians who were Lords here of the Sea. And from hence it is, that, as Scotland, England, this Isle of Man, the Hebrides, and Ireland with other adjacent Isles, so even the Vergivian and Deucaledonian Sea it self wash∣ing the West of Scotland, and surrounding these Isles with windings and turnings, ought now also to bee accounted the antient Patrimonie of the King of great Britain.

But there is moreover, in the more Westerly 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. Whenas S^r Humfery Gilbert Knight, did by Autoritie of Queen Elisabeth transport a Colonie into the New World, with design to recover certain Lands in the East parts of the Northern America, which of Right belong'd to the English Do∣minion, the Queen was by him, as her Procurator put into a possession, for ever to bee held by her and her heirs, both of the Port, called by the name of S^t John (which is in the Island of Baccalaos) and also of the whole Sea as well as Land on every side, n 3.24 for the space of six hundred miles. Then hee received this new Kingdom of the Queen, as her Beneficiarie, having a Branch and a Turf deliver'd in his hands, according to the usual cerimonie of England in transferring the Ownership of Lands and Possessions. Nor truly was it necessarie, that hee should otherwise get the Posses∣sion, from whence this Dominion of the Queen and her Posteritie had its Original. For (as Paulus saith well) there is no necessitie that hee who o 3.25 intend's to take posses∣sion of a Field, should walk about the whole, but tis sufficient if hee enter any part of that Field, so long as hee doth it with a

minde, thought and intent, to possess the Field to its utmost extent and Bound: Which saying may relate to Seas, as well as Lands, that were never taken into possession. So that as p 3.26 Siculus Flaccus Treating of Occupatorie Lands, saith, Men did not possess so much land as they were able to till, but they reserved as much as they were in hope they might bee able to till, the like also may bee said of a Sea so taken into possession. Look how much was reserved in hope of using and enjoying, so much also was bounded. But perhaps the first original of the Dominion of this main Sea of America, did not proceed from the Posses∣sion that was acquired by Gilbert. Hee rather restored and inlarged the Right of the Crown here: For, that Island called Baccalaos, was added to the English Empire by q 3.27 Sebastian Chabot, in the time of Henrie the Seventh. And it is certain, that afterwards it grew to be a Custom, for the Officers belonging to the High Admiral of England (in whose charge are all the Seas subject to the King of England and Ireland, as King of England and Ireland) to demand Tributes of such as fish't also in this Sea; which was (I suppose) a most evident token of the King's Dominion. But it was r 3.28 provided by an Act of Parlament, in the Reign of Edward the Sixth, that no Tributes of that kinde, to the grievance of Fi∣shermen, should bee paid any longer. How far our English Colonies, lately transported into America, have possessed themselvs of the Sea there, I have as yet made but little enquirie.

Touching the Dominion of the King of Great Britain in the Scotish Sea, especially toward the East and North. CHAP. XXXI.

THose particulars which were cited before out of the b 3.29 Proclamation of James King of Great Bri∣tain, about the Prohibition of Fishing, relate as well to the Scotish Seas, on every side; from whence also you must acknowledg their possession hath been re∣teined together with an antient Sea-Dominion. That is to say, all Foreiners were prohibited to Fish in these Seas, without leav first obteined at Edenburgh. And in those Scotish Acts of Parlament, they are not so much new Laws made, as old ones revived, wherby it was ordeined. That all manner of c 3.30 Fischeres, that occupies the Sea, and vtheres persons quhat sumever that happenis to slay Hering or quihte Fish upon the Coast, or within the Iles or out with the samen within the Frithes bring them to free Ports, &c. where they may bee sold to the Inhabitants of the same king∣dom, quhairby his Ma••esties Customes bee not defrauded, and his Hienes Lieges not frustrat of the Commoditie appointed to them be God under the pain of confiscation and tyn∣sel of the veschelles of them that cumes in the contrair hereof, and escheiting of all their movable guddes to our soveraine Lords use. So that use and benefit is claimed hence, by a special right in that Sea: otherwise truly, that use and bene;

fit would of right no more appertein either to the King of Scotland or his Subjects, than to any other whomsoêver. But the Law was made concerning all Fisher-men, as well strangers as Scotch-men; as bee∣ing ordeined by all the Estates of that Kingdom, who so well understood both the King's Right, and also their own (as subordinate to the King's) by Tradi∣tion from their Ancestors, or by long-continued pos∣session and Dominion, that there remained not the least ground of scruple touching that business. And a Scotish Lawyer speaking about Fishing in the Eastern Sea of Scotland, I cannot, saith d 3.31 hee, omit to tell you, that in the past Age, after a most bloudie quarrel between the Scots and Hollanders about occasions belonging to the Sea, the matter was composed after this manner, that in time to com the Hollanders should keep at least fourscore miles distance from the Coasts of Scotland. And if by acci∣dent they were driven near through violence of weather, they paid a certain Tribute at the Port of Aberdene before their return, where there was a Castle built and fortified for this and other occasions; and this was duly and really paid still by the Hollanders within the memorie of our Fathers, until that by frequent dissentions at home, this Tri∣bute, with very many other Rights and Commodities, came to nothing, partly through the negligence of Governors, and part∣ly through the boldness of the Hollanders. So you see, how limits were by agreement prescribed heretofore in this Sea, to the Fishing of Foreiners. But the more Northerly Sea, which lie's against Scotland, was for the most part in subjection heretofore to the Norwegians, and Danes, who were Lords of the Isles there: So that the people of the Orcades speak the Gothish Language to this day. Robertus de e 3.32 Monte tell's us, that hee, who was called King of the Isles, was possest of XXXII I∣slands

in that Sea above four hundred and sixtie years ago, paying such a Tribute to the King of Norway, that at the succession of every new King, the King of the Isles present's him ten marks in Gold, and make's no other acknow∣ledgment to him all his life long, unless another King succeed again in Norway. And f 3.33 Giraldus Cambrensis, writing of these things saith, that in the Northern Sea, beyond Ulster and Galloway, there are several Islands, to wit, the Orcades and Inchades (or Leucades, which som would have to bee the Hebrides) and many other, over most of which the Norwegians had Dominion and held them in subjection. For, although they lie much nearer to other Countries, yet that Na∣tion beeing more given to the Sea, usually preferr's a Piratick kinde of life above any other. So that all their Expeditions and Wars are performed by Sea▪ Fight. This hee wrote in the time of Henrie the second. So that somtimes those Sea-Appendants of the Dominion of Britain, in the Northern parts, were invaded by Foreiners. Hence also it is, that g 3.34 Ordericus Vitalis, speaking of Magnus the son of Olaus King of Norway, saith; hee had a great power in the Isles of the Sea; which relate's unto the time of William the Second King of England. The same Ordericus also saith, that the Orcades, Finland, Island also and Groênland, beyond which there is no other Countrie Northward, and many other as far as Gothland, are sub∣ject to the King of Norway, and wealth is brought thi∣ther by shipping from all parts of the world. So wee have here a clear description of the Dominion of the Norwe∣gians heretofore, as well in this neighboring Sea of Scotland, as in the more open. But in after time, when as by h 3.35 agreement made between Alexander the third King of Scots, and Magnus the fourth of Norwaie, as also between Robert Bruce King of Scotland, and Ha∣quin of Norwaie, it was concluded touching these

Isles, that they should bee annexed to the Scotish Do∣minion; this could not bee don, but there must bee a Cession also of that Sea-Dominion, which borde∣red round upon the Coast of Norwaie. Yet the Nor∣wegian King possessed it for the most part; and after∣wards the Dane, by an union of the two Kingdoms of Denmark and Norwaie; until that Christiern the first, King of Norwaie and Denmark, upon the marriage of his daughter Margarite to James the third King of Scot∣land, made an i 3.36 absolute Surrender of these Islands; and in the year of our Lord MCDLXX. transferr'd all his right both in the Isles of Orcades and Shetland, and the rest lying in the hither part of the Northern Sea, upon his Son in law, and his Successors. And as con∣cerning this business, I shall here set down the words of Joannes Ferrerius, who was indeed Native of Pied∣mont, but supplied with matter of Historie out of the Records of Scotland, by Henrie Sainclair, Bishop of Ross. Moreover in the Deucaledonian Sea toward the North-East, there are the Isles of Orcades, seated next to the Coast of Scotland, whereof onely twentie eight are at this daie in∣habited; and above an hundred miles beyond the Orcades towards Norway, are the Shetland Isles in number eigh∣teen, which are at this daie inhabited, and in subjection to the King of Scotland; concerning which, there was a great quar∣rel in former Ages between the Scots and Danes, yet the Dane kept possession. All these Islands did Christiern King of Denmark peaceably surrender, together with his daughter in marriage to James King of Scots, until that either hee himself or his posteritie paid to the Scotish King or his Suc∣cessors, in lieu of her Dowrie, the summe of fiftie thousand Rhenish Florens, which were never discharged to this daie. For, so much I my self have seen and read in the Deeds of marri∣age betwixt Ladie Margarite daughter of the King of Den∣mark

and James the third King of Scotland, drawn up and fairly signed with the Seals of both Kingdoms Anno Dom. 1468. &c. But afterwards, when Ladie Margarite beeing Queen had been delivered of ber eldest son James Prince of Scotland, the Danish King willing to congratulate his daughter's good deliverie, did for ever surrender his right in the Islands of the Deucaledonian Sea, to wit, the Isles of Or∣cades, Shecland, and others, which hee deliver'd in pledg with his daughter, upon her marriage to the Scotish King. I hear the deeds of this surrender are kept among the Records be∣longing to the Crown of Scotland. And so at length those Isles, and the Dominion of this Sea, returned to the Kings of Scotland, which they enjoy at this day. The Kings of Scotland have a pledg of Dominion also in this Sea, that is to say, Tributes or Customs imposed upon Fisher-men, for Fishing; of which by the way you may read in their k 3.37 Acts of Parlament.

Touching that Right which belong's to the King of Great Britain, in the main and open Sea of the North. And the Con∣clusion of the Work. CHAP. XXXII.

COncerning that Neighboring Sea, which is a Ter∣ritorie belonging to the Scots, I have spoken in the former Chapter. But I must not omit to treat here of that Sea, which stretcheth it self to a very large extent toward the North, washing the Coasts of Fries∣land, Island, and other Isles also under the Dominion of the King of Denmark, or of Norway. For, even this

Sea also is asscribed by som to the King of Great Bri∣tain. Albericus Gentilis, applying that of b 3.38 Tacitus, The Northern Coasts of Britain, having no Land lying against them, are washt by the main and open Sea; you see, c 3.39 saith hee, how far the Dominion of the King of Great Britain extend's it self toward the South, North, and West. As if almost all that which lay opposite to the Isles of Britain, in the open Sea, were within the Dominion of the King of Great Britain. And concerning the Northern Sea also, which reacheth there to parts unknown, the very same thing in a manner was acknowledged by a subject of the King of Denmarks, no mean man, in a Letter that hee wrote som years since to a friend of his in Eng∣land, his name is Gudbrandus Thorlacius, Bishop of Ho∣la in Island, who in a Letter d 3.40 sent hither Anno MDXCV, to Hugh Branham Pastor of Harwich, call's the Britains almost. Lords there of the whole Sea. There is, saith hee, a report now at this day, that you of Britain (whom I had almost called Lords of the Sea) have Negotiations every Year in Groenland. But the Kings of Denmark deny it here; and this more Northerly Sea which belong's to Island, they challenge to themselvs, as they are Kings of Norway; and that by antient right, if not unjustly pretended. To this purpose let us observ, that passage which I finde in a speech of the Ambassadors of Erri∣cus the tenth King of Norway and Denmark, delivered unto our Henrie the fift, which run's to this effect. e 3.41 Most victorious King of England, may it pleas your Majestie to understand, that our most gratious Lord the King of Nor∣way, &c. aforesaid, hath certain Islands, to wit, Island, Jeroy, Hietland, and manie more belonging to his King∣dom of Norway, whereunto of old no persons were wont to repair out of other Countries, upon any occasions whatsoëver either of Fishing or Merchandisi••g, under pe••il of life and

limbs; nor might the men of the Kingdom of Norway, more than those of other Countries, without special licence from his Majestie. Nor might they after Licence obteined, set forth out of any other place than the Citie of Bergen, nor return to the same place but upon inevitable necessitie, or when they ought to paie Customs and other Duties to the King's Exchequer, ac∣cording to the most antient Custom of Norway, which hath been constantly observed time out of minde in that Kingdom. Also, in the year MCCCCXLV. Christophor King of Denmark and Norway, f 3.42 granted the Inhabitants of Zi∣rickzee in Zealand a freedom of Navigation into his Kingdom, Island and other Isles beeing excepted and prohi∣bited, which are the very words of the Grant. More∣over, out of the League made at Koppenhagen in the year of our Lord g 3.43 MCDXXXII. between our Henrie the sixt and the same Erricus King of Norwaie, and Denmark, the Commissioners of the King of Denmark who held a Treatie at Bremen with the Commissioners of our Queen Elisabeth, in the year MDC II about the free use of this Sea, alleged this Article almost to the same sens; It is provided, that all Merchants, and all other men whatsoëver in subjection to the King of England and France, do not presume hereafter, under peril of loss of life and goods, to visit the Countries of Island, Finmarck, Halghaland, or anie other prohibited places and unlawful Ports whatsoëver, in the Kingdoms of Denmark, Sweden, and Norway. Yea, and som years before, the use of this Sea was prohibited both to Merchants and Fisher-men, unless they were bound with Merchandise to North-barn, the most emi∣nent Town of Traffick under the King of Norwaie. And touching that particular, there is an Act of Parla∣ment of Henrie the sixt, whereby h 3.44 such a kinde of Prohibition continued in force for certain years, in fa∣vor of the King of Norwaie. So that there were many Let∣ters

Patents afterwards granted by i 3.45 our Kings to their subjects of England, whereby they had Licence to go unto Island, Finmark, and other Dominions of the King of Norway and Sweden. But that Statute, the rigor whereof was dispensed with at the King's pleasure, by such kinde of Grants, became k 3.46 repealed at the begin∣ning of the Reign of King Henrie the eight. And Jo∣annes Maior making mention of that time, saith, l 3.47 A Fleet of English went everie year to Island, beyond the Arctick Circle to catch Fish. But what manner of determination soêver ought to bee made touching the Dominion of this more Northerly Sea; yet certain it is, such a per∣petual servitude at least was, by several agreements be∣twixt the Kings of England, and Norwaie, imposed up∣on it, that to this day also the subjects of England enjoy a perpetual right of sailing unto Island, and of using and enjoying this sea. For, by a League made at Kop∣penhagen in the year MCDXC. betwixt Henrie the se∣venth of England and John the second King of Den∣mark and Norwaie, it was concluded, m 3.48 that all Merchants and Liege-men, Fisher-men, and any other persons whatsoëver beeing subjects of the King of England and France, might for ever in time to com sail freely to the Island Tyle, that is to saie, Island (for, in that age it was generally taken for Thule, as it is now also by som) thither to have re∣cours and to enter with their ships and goods, and merchan∣dise, victuals, and any other commodities whatsoever, upon oc∣casion of buying, selling, fishing, or merchandising; and there to abide and convers after the manner of Merchants, and from thence freely to return as often as they pleas, without any Pro∣hibition, molestation, or impediment of Us or our heirs and suc∣cessors in the Kingdoms of Denmark and Norway, or of any of our Officers; they paying the due rights and usual Cu∣stoms as well in that Island as also in the Ports belonging to

the same where they shall happen to arrive. Provided alwaies, that seven years immediately after the date of these presents, they do Petition to renew their Licence from us and our suc∣cessors Kings of Denmark and Norway, to the end that so from seven years to seven years, Merchants, and all othe•• persons aforesaid, may for ever acknowledg us and our succes∣sors Kings of Denmark and Norway, in the renewing of their Licence. But that this League was not limited by any time, but concerned the heirs and successors of both the parties, appear's not onely in part by what hath been alleged alreadie, but by the very form of the Pre∣face, which I thought meet to add in this place. VVee John by the Grace of God King as aforesaid, by the unani∣mous advice and consent of our beloved Counsellors, and others the Lords and Nobles of our Kingdom of Denmark, have cau∣sed a Treatie to bee had, with the Orators of the most illustri∣ous Prince Henrie, by the Grace of God, King of England, and France, our most dear Brother, James Hutton, Doctor of the Civil Law, Thomas Clarentieux King of Arms, Thomas Carter, and John Beliz, Merchants of Lyn, a∣bout the restoring of peace, and establishing a perpetual concord between our Kingdoms; which Counsellors of ours, and the Orators, autorised in our Citie of Koppenhagen, by special Commission of the afore named King of England, our most dear Brother, and with full power, whereof wee are assured by the Letters of the said King of England, have concluded, that between us, our heirs, and successors, well willers, friends and allies, and the most illustrious Prince Henrie King of Eng∣land and France, our most dear Brother, his heirs and suc∣cessors, well willers, friends, and allies, there bee and shall bee for ever in time to com, a perpetual peace, inviolable friendship, and firm concord, in the following form. Yea, and that League was renewed in the year MDXXIII. by Henrie the eight of England, and Christiern the second King of

Denmark and Norway, in the same form. The right there∣fore is perpetual, and transmitted to the heirs of the K. of England, that the English should have a free use of this more Northerly Sea belonging to Island. But fre∣quent Ambassies notwithstanding passed on both sides about that business, in the Reigns of Frederick the se∣cond, and Christiern the fourth, Kings of Denmark, and of Elisabeth Queen of England. The Danes alleged, that the English had no right to use this kinde of libertie, with∣out leav first obteined of the Kings of Denmark, and that renewed every seven years, according to that league made in the time of John the second and Henrie the se∣venth. Moreover, Nicolas Craig, who was sent Am∣bassador into England by Christiern the fourth in the year MDXCIX. pretended the agreement at Haderslabe, in the year MDLXXXIII. between Frederick the second and Queen Elisabeth, as if it had therein been express∣ly provided, that this servitude in the Sea of Island, esta∣blished by the English, might bee limited by a denial of Licence at the pleasure of the King of Denmark. But it was answer'd both by the Lords at home in England, as also by the Queen's Commissioners sent to Bremen for the transacting of this business, that this right or Sea-ser∣vitude is so confirmed to the English, as well by Pre∣scription of time, as by perpetual agreements of Leagues, that that particular which occurr's in the agreements of King John the second, and Henrie the seventh about asking of Licence, doth in no wise relate to this effect; that whether it were denied or not requested by Petiti∣on, that right or servitude could bee diminished, but to this end onely, that the English, by a customarie Peti∣tioning every seven years, might acknowledg the Nor∣wegian right in this Sea. There was neither manner, nor condition, nor time annexed to the servitude, but it

took place there onely to this end, that the memorie meerly of the benefit of the League or of the Original of the servitude established, might bee renewed now and then by Petition. Yea, Frederick the second in his letters to Queen Elisabeth, dated the fourth of Maie, MDLXXXV, most expressly disclaim's this Claus of the League, which concern's Petitioning for Licence. And truly the whole right of the English in that Sea, was not first claimed by them upon the account of that League at Koppenhagen, whatever they of Norway may pretend to the contrarie. For, when the Ambassadors sent heretofore by Erricus the tenth to our Henrie the fift, made complaint about English men's fishing in this Sea, the King of England (I suppose) intimate's plain∣ly enough, that hee had som right before in that Sea, while at that time hee granted this onely in favor of the King of Norwaie, that the English should no otherwise use Fishing there for the year immediately ensuing, than as it had been usual in antient time, and this hee commanded by publick Proclamation made in the more eminent Ports and Cities. The time limited, and the antient Custom of Fishing, do plainly import som former right. But here I give you the form of the Proclama∣tions; n 3.49 It is required, that none of the Lieges of our Lord the King, for certain causes specially moving our Lord the King himself, do, for one year next ensuing, presume to go unto the Islands belonging to the kingdoms of Denmark and Norwaie, and especially towards the Iste of Islande, for the caus of Fishing or any other occasion, to the prejudice of the King of the aforesaid kingdoms, otherwise than they were wont in antient time.

It appear's also by Parlamentarie o 3.50 Records of the same King's Reign, that the English used Fishing in that Sea very many years before. But that League made at

Haderslabe (pretended before by Craig) doth not relate unto Fishing either in the Sea of Island, or in this of Nor∣waie, but to the Traffick and Merchandise used then by our Merchants of the Moscovie-Companie. For, this onely was agreed, that the Merchants of that Compa∣nie, beeing constrained by Tempests, or otherwise, might freely have access to the shores and Ports both of Island and Norwaie; but with this Reserv, that they do not in any kind Traffick, and use Mercbandise, in the Ports of Norwaie or Island before prohibited, nor molest the Subjects of the King of the said places in any thing against the Laws of Hospitalitie, and that they wholly abstein from all manner of injurie; which is the summe of that Answer which was given to Craig, by the Peers of England. But all things are clearly explained about this business, and that right of the English defended at large in the Letters sent by Queen Elisabeth to Christiern the fourth bearing date Cal. Septembris Anno MDXCIX. So much whereof as concern's this particular, I think meet to insert. At the request of the most excellent Prince your Highnesse's Father, wee sent (say the Queen's Letters) an Ambassa∣dor into Germanie, Anno MDLXXVII. who Treated with his Commissioners about all matters in controversie, and espe∣cially about the Fishing of Island and Norway, where it was found, that the King insisted onely upon a former Treatie of two years p 3.51 Truce, wherein it was at that time agreed, that the English should not sail beyond Hagaland. But there were several Treaties with the Kings John and Christiern alleged on our part, wherein, all former controversies beeing composed, it was otherwise agreed and concluded; and both parties were to stand to this Treatie of general peace made af∣terwards, not to the preceding two years Truce. Which the most excellent Prince your Father, acknowledging, desired by his Letters, that that controversie might bee referr'd to another

disquisition. But since that time, no such disquisition hath been made. Nevertheless wee understand that our subjects fishing have been taken, tormented, and handled in a hostile manner. Whether this bee justly don, all men will bee able to judg who shall weigh our Reasons with an impartial minde. Wee do not deny, but that the Lord Chancellor Whitfeld and de Barnico, when q 3.52 they came unto Us, did in words pretend that the fishing of Island and Norway was used by the English, contrarie to the Leagues and Agreements of the Kingdoms. But seeing they neither did nor could pro∣duce any proof, and wee have authentick evidences attested by the Kings John and Christiern to the contrarie, whereto more credit ought to bee given than to bare Allegations, the matter was put off to another time. It was answer'd also to D^r Craig, that the Transaction which was con∣cluded with King Frederick at Haderslabe in the year of our Lord MDLXXXIII belong's nothing at all to this Business, for the reason before mentioned. And a little after the Letters speak thus. But that which is pretended from the Treatie with King John, (the aforesaid Treatie at Koppenhagen) that licens for fishing ought to bee renewed by petition from seven years to seven years (as a thing which for very many was not omitted) Wee answer, that the fault of its omission proceeded not from the English, but from the Danes. For, that seven years Licens was petitioned for till the time that King Christiern was expelled, about the year of our Lord MDXX. But afterward it ceased to bee renewed, becaus of the uncertaintie to whom the succession of the Kingdom did lawfully belong. And since the time of the said expulsion of King Christiern, neither King Frederick your great Grandfather, nor Christiern your Grandfather, nor Fre∣derick your Highnesse's Father, ever urged any such petition for Licens. But concieving former Treaties sufficient, which

were made between the Kings and Kingdoms, they would not innovate any thing after a prescription of verie manie years, seeing they were otherwise sufficiently secure that the same thing would never bee attempted, which was the first occasion of or∣daining such a Licens. And to this end, the Letters of King Frederick your Highnesse's Father written to Us, and bearing date the fourth of May, Anno MDLXXXV were shewn to Doctor Craig, purporting that if the English absteined from doing injuries, they should enjoy the wonted libertie and favor, without any mention or requiring of a Petition for Licens; whereas nevertheless Wee offer'd you, that our Merchants should hereafter petition you from seven years to seven years, according to the antient and long continued Custom, which offer Wee understand your Highness would not admit. For, the most excellent Queen would not otherwise acknow∣ledg the Jurisdiction and Empire of the King of Denmark and Norway in this Sea, than that the whole servitude or right of fishing afore-mentioned, there established (as afore-said) might (as a considerable part of the antient Patrimonie) bee reteined to her and her Successors. There were other Letters and Treaties al∣so about this business, in the year r 3.53 MDCII. But the Controversie beeing deferred, nothing was concluded. But it appear's the King of Great Britain hath Empire and Dominion also in the Sea which lie's far more Northerly than Island. To wit, in that of Groënland. For, this Sea having never been enter'd by occupati∣on, nor used in the Art and Exercise of Fisherie, was first in the memorie of our Fathers rendred very gain∣ful, through a peculiar fishing for Whales, by those English Merchants of the Moscovie-Companie who ••ailed that way. The use of a Sea never enter'd by Occupa∣tion and such a kinde of profit beeing first discover'd,

doth according to the manner of the claim, give a Dominion to the discoverer who claim's it in the name of another (as here in the name of the Soveraign of England) as well by a corporal as intentional possession, no otherwise than doth the first both natural and civil possession of any other things whatsoever that were never yet possessed. Upon which ground it was, that King James, in his Letters of cre••ence given to the worthie and most accomplished S Henrie Wotton Knight his Ambassador in Holland, and others em∣ploied by him to treat about that business, did verie justly call the Fishings in the North Sea near the Shores of Groenland, s 3.54 acquired for Us onely and Ours by right.

But that wee may at length conclude; whatsoever hath been discoursed hitherto touching the Right and Sea-Dominion of the Kings of Great Britain, and the antient extent of their Royal Patrimonie in the Sea, give mee leav to sum up the whole in certain Verses of the most excellent Hugo Grotius (of whose Law∣writings, so far as they concern either a private Do∣minion of the Sea, or a Communitie, wee have spoken in the former Book) which were very ele∣gantly written heretofore to K. James, upon his Inauguration in the Kingdom of England. Saith hee,

—t 3.55 Tria sceptra Profundi In Magnum coiere Ducem.—

Three Scepters of the Deep their pow'rs do bring, To make a Trident for a mightie King.

And then addressing his Speech to the Sea, that is wont to receiv its motion from the Moon,

Sume animos à Rege tuo, meliore levatus Sidere, nec cela populos quocunque calentes Sole, per immensum quem circumvolveris orbem, Quis det Jura Mari.—

Take courage from thy Ro••al Governor, As by the influence of a better Star, And in thy cours about the World explain To all mankinde, who tis that rule's the main.

And in another place,

—licèt omnia casus Magna suos metuant, Jacobo promissa potestas Cum Terris Pelagóque manet.—

Though all great things a fall do fear, Yet James his power must stand, Beeing enlarged and compos'd Both of the Sea and Land.

A little after also, hee proceed's thus;

—Rerum Natura creatrix Divisit populos, & metas ipsa notavit. Sic juga Pirenae, sic olim Rhenus & Aspes Imperiis mensura suit: Te flumine nullo Detinuit, nullâ nimbosi verticis arce; Sed Totum complexa parens hic terminus ipsa Substitit, atque uno voluit sub limite claudi. Te tibi seposuit, supremo in gurgite, Nereus. Finis hic est, qui Fine caret. Quae meta Britannis, Litera sunt aliis; Regnique accessio tanti est, Quod ventis velisque patet.—

Nature her self the mistress of mankind Hath sever'd Nations, and their bounds de∣sign'd. So the Pyren'ean Tops, Aspes, and Rhine, As bounds to Empires Shee did once assign. Yet Thee Shee with no River-hath confin'd, Nor loftie Tow'er that dare's the stormie wind; But having thrown her wide imbraces round The Univers, here fix't her self thy Bound, And mean't one limit should you both contain, Thee Nereus hath secluded in the main. This Bound unbounded is. Great Britain stand's Confined by the Shores of other lands; And all that may by Winds and Sails bee known Is an accession of so great a Crown.

And without question it is true, according to the Collection of Testimonies before alleged, that the ve∣ry Shores or Ports of the Neighbor-Princes beyond-Sea, are Bounds of the Sea-Territorie of the British Em∣pire to the Southward and Eastward; but that in the open and vast Ocean of the North and West, they are to bee placed at the utmost extent of those most spacious Seas, which are possest by the English, Scots, and Irish.

Notes

• a 1.1

  Gildas, Epist. de Excidio Bri∣tannia.
• b 1.2

  Aristides, in Oratione AEgyptiacà.
• c 1.3

  Magnae. Constructio∣nis, lib. 2.
• d 1.4

  Lib. 4. c. 4.
• e 1.5

  Lips. Episto∣licar. quaest. lib. 2. cap. 3. & Elect. lib. 2. cap. 7.
• * 1.6

  Jo. Tze••zet, Chiliad. 8. cap. 218.
• f 1.7

  Guil-Cam∣den. in Insul. Brit. p. 850.
• g 1.8

  Gaspar. Peucerus, lib. de Terrae di∣mensione.
• h 1.9

  De Scien∣tiis Stella∣rum, lib. cap. 6.
• i 1.10

  Hist. Graec. lib. 2.
• k 1.11

  De Officiis Constantinop.
• l 1.12

  Alexia∣dos, lib. 2.
• m 1.13

  De Scien∣tiis Stella∣rum, cap. 6.
• n 1.14

  De Situ O••lis, lib. 2. cap 3.
• o 1.15

  Climat. 4. part. 1.
• p 1.16

  Climat. 5. part. 1.
• q 1.17

  In Cata∣lectis Virgi∣lii, de Sabi∣no.
• a 1.18

  Hugo Gro∣tius, de Jure Belli & Pa∣cis, lib. 2. c. 3. §. 11.
• b 1.19

  Caesar de Bello Gallico, lib. 4. & 5.
• c 1.20

  Guil. Picta∣viensis, in gestis Willi∣••lmi Re••is 1.
• * 1.21

  Andr. Schot. Observat. Historic. lib. 3. 22. §. 6.
• d 1.22

  In Oris Maritimis.
• e 1.23

  Hist. Na∣tur lib. 4. c. 16.
• f 1.24

  Henric. Huntingdon. Hist. lib. 1.
• g 1.25

  De Bello Civili. lib. 1. cap. 54. & videsis So∣linum, ca. 25.
• h 1.26

  Pharsal. 4.
• * 1.27

  Translated by my lear∣ned friend M^r Thomas May.
• i 1.28

  Dio Cassius, lib. 76.
• k 1.29

  Polyhist. cap. 25.
• l 1.30

  De Subtili∣tate, lib. 10.
• m 1.31

  Exercitat. 200.
• n 1.32

  Edit. Claudi•• Salmasi; At∣que ita ••anè Cod. Ms. vet. in Bibli∣othecâ Cotto∣nianâ.
• o 1.33

  In vitâ▪ Julii Agri∣colae.
• p 1.34

  De Bello Gallico, lib. 4.
• * 1.35

  Now France.
• * 1.36

  The Regni were the In∣bitants of Surrie, Sus∣sex, and the Sea-Coasts of Hamp∣shire.
• * 1.37

  The Bel∣gae, Inhab••∣tants o•• So∣merset, Wilt∣shire, and Hampshire.
• q 1.38

  De Bello Gallico, lib. 5.
• r 1.39

  Caesar de Bello Galli∣co, lib. 3. cap. 8. & 12.
• s 1.40

  De C. Julii Caesaris mili∣tiâ, cap. de praelio Na∣vali.
• t 1.41

  In Panegy∣rico Maxi∣miano dicto; si mihi.
• a 1.42

  Tacit. in vitâ Agrico∣lae.
• b 1.43

  Pharsal. 2.
• c 1.44

  Dio Cas∣sius▪ lib▪ 54. Plin. lib. 2. cap. 67. Sue∣ton in Claud. cap. 1.
• d 1.45

  Adde Au∣rel. Vict••rem, ut emenda∣tur ab An∣draea Scho••••o, Observat. Historic. lib. 3. ••ap. 21.
• * 1.46

  Pharos was a Tower built in the Island Pharos by Cleopatra Q. of Egypt, where lights were hung out to guide Marriners by night.
• e 1.47

  In Bataviâ, cap. 16.
• f 1.48

  In insulis Britann. pag. 852.
• g 1.49

  Histor. lib. 4. not. 56.
• h 1.50

  De Rheni Alveis, cap. 14. & videsis Ortelium in Thesaur. Geo∣graph. verb. Brittanni.
• i 1.51

  L. 9. ff. tit. de Judicus & l. 99. ff. tit. de V. S.
• k 1.52

  Cicero Acti∣one 2. in Ver∣rem, & Flo∣rus, lib. 3. cap. 19.
• l 1.53

  Panegyric. Maximiano dict. Si mihi.
• a 1.54

  Anonymu••, Epigr. vet. lib. 2. & in Catalect. vet. Poët. lib. 1. tit. 7.
• b 1.55

  In Octaviâ, Act. 1.
• c 1.56

  De Excidio Hierosolymit. lib. 2. cap. 9.
• d 1.57

  In Claudio, cap. 17.
• e 1.58

  Satyr. 2.
• f 1.59

  Arg••nautic. lib. 1.
• g 1.60

  Punic. lib. 1.
• h 1.61

  Sylvarum, lib. 5. in Pro∣treptico ad Crispinum, Vectii Bolani propraetoris, sub Vitellio, Britanniae filium.
• i 1.62

  Lib. 3. cap. 10.
• k 1.63

  Thebaidos, lib. 1.
• l 1.64

  Jac. Chi••∣••••e••ius, in E∣pist. Dedicat. ad Libellum, de Portu Iecio.
• m 1.65

  Antoninus Augustin. de nominibus propriis. Pan∣dect. Floren∣tin.
• n 1.66

  F. tit. ad Senotuscon∣sult. Trebelli∣an. lib. 46.
• * 1.67

  That is to say, ••ork∣shire, 〈…〉〈…〉, B•…•… 〈◊〉〈◊〉 〈…〉〈…〉, 〈◊〉〈◊〉 est∣•…•…d, and •…•…d.
• * 1.68

  〈…〉〈…〉 and 〈…〉〈…〉.
• o 1.69

  Eutropius, ••ist. 9.
• p 1.70

  Panegy∣rick. Si mihi Caesar.
• * 1.71

  De ••cciden∣••ali imperto, lib. 1.
• a 1.72

  Notitia Dignitatum Imperii Oc∣cidenti••.
• b 1.73

  No itiâ Pig••••••. Ori∣ent.
• c 1.74

  Inscript. Gruter. fol. 1090. 21. Ibid fol 490.
• d 1.75

  S••don••us Apollinaris in ••ane••yric. Authemio
• e 1.76

  L. 9. C. Theodos. lib. 7. tit. 1.
• f 1.77

  Marquard. Freher. O∣rig. Palatin. part. 1. cap. 3.
• g 1.78

  Geograph. lib. 2.
• h 1.79

  In Peripl••.
• i 1.80

  Histor. lib 3.
• * 1.81

  Bre••aign in France.
• k 1.82

  〈◊〉〈◊〉. Cam∣den in Sus∣sexia, Cantio, Essexia, Nor∣folcia.
• * 1.83

  Ad Notiti∣am Digna∣tum occiden∣tis, cap. 72.
• m 1.84

  Ad notitiam dignit▪ Occid. cap. 72.
• n 1.85

  Lib. de Thema••ibus.
• o 1.86

  De Re mi∣litari, lib. 4. cap. 21.
• p 1.87

  Lipsius de Magnitu∣dine Roma∣nâ, lib. 11. cap. 5. sed & vide Jul. Caes. Bullin∣ger. de Impe∣rio Romano, lib 6. cap. 6.
• q 1.88

  De quibus item Tacitus lib. 4. Annal.
• r 1.89

  Suetoniu•• in August••, cap. 49.
• s 1.90

  Tacit. An∣nal. 4. Strabo, lib. 4.
• t 1.91

  Joseph. Ha∣los. lib. 2. cap. 26.
• u 1.92

  Cod. Theo∣dos. 7. tit. 17. de Lusor••••s Danub••••.
• x 1.93

  ••. 4. C••de Offic. Milit. Ju••ic. & l. 4. C••de Offic. Magistri Of∣ficiorum.
• y 1.94

  In notis ad Flavium vo∣piscum, pag. 475.
• z 1.95

  Chap. V.
• a 1.96

  L. 46. ff. tit. ad Senatus consul. Tre∣bellianic.
• b 1.97

  Historiar. lib. 4.
• * 1.98

  Hollanders.
• c 1.99

  Janus Gru∣•••••• us, p. 493.
• d 1.100

  Videsis Lips. ad Ta∣cit. Hist. lib. 5. num. 36. & de Magnitud. Romanâ, lib. 1. cap. 5.
• e 1.101

  De re Mili∣tari, lib. 4. cap. 37.
• a 1.102

  Ad Notiti∣am Dignit. Occid. cap. 72.
• b 1.103

  Apud Guil. Camden. in ••••it. pag. 95. & vide Tho. Lidi•••• in Temp. Emen∣dat. pag. 238.
• c 1.104

  In Epist. de Excidio Bri∣tanniae.▪
• d 1.105

  Histor. lib. 27.
• * 1.106

  Gaul was by the Ro∣mans divi∣ded into four parts; of which Belgica was one, con∣teining Pi∣cardie part of Champagne, Burgundy, with so much of Germanie and the Netherlands as lie's on this side the Rhine.
• * 1.107

  Praeter Notitiam & Pancirollum, vide Joseph. Scaligerum ad Ausonium, lib. 2. cap. 6.
• * 1.108

  Ebroicae now called E••reux.
• e 1.109

  Jos. Scali∣ger. in lect. Auson. lib. 2. cap. 6. & Guil. Cam∣den. in Brit. pag. 96.
• f 1.110

  In Thesaur. Geograph.
• g 1.111

  In Kent, pag. 230.
• h 1.112

  Cosmograph. part. 2. lib. 3. cap. 31.
• i 1.113

  German. Antiqua, lib. 1. cap. 18.
• k 1.114

  Panegyric. ad Avitum August seu Carm. 7. Adde eum lib. 8. Epist. 6.
• l 1.115

  Histor. lib. 27.
• m 1.116

  Lib. 5. cap. 26.
• * 1.117

  The Mo∣rini were a people of Belgica, bor∣dering upon the Sea, and seated be∣tween Ar∣tois and Pi∣cardie.
• n 1.118

  Nat Histor. lib. 4. cap. 23.
• o 1.119

  Jacob Chif∣fletius, in Portu Iccio, cap. 6.
• p 1.120

  Zonaras, Tom. 2. alit.
• q 1.121

  L. 9. C. The∣odos. lib. 7. tit. 1.
• r 1.122

  In trigenta Tyrannis.
• s 1.123

  In Tacito Augusto.
• a 1.124

  Panegyri••, de 4. Consu∣latu Honorii
• b 1.125

  De laudibus Stili••onis. lib. 2.
• c 1.126

  In Eutropi∣um, lib. 1.
• d 1.127

  De laudibus Stiliconis, lib. 2.
• * 1.128

  Tethys sig∣nifie's the Sea.
• a 1.129

  Histor. li. 6.
• b 1.130

  Sidon. Apol∣linaris Pane∣gyric. ad Avi∣tum Aug. seu Carm. 7.
• c 1.131

  Li. 8. Epist. 6.
• * 1.132

  The Ebbs they called Ledones or Lidunas; the Tides they called Mali∣n••s.
• d 1.133

  De Naturâ Rerum, cap. 28.
• e 1.134

  De emenda∣tione temp. lib. 2. pag. 162. & in Appendice ad conjectan. in Varronem pag. 181. Edit. 1581.
• f 1.135

  De Doctri∣nâ temp. li. 2. cap. 70.
• g 1.136

  In Fastis Dani••is, lib. 1. cap. 11.
• h 1.137

  Lib. 1.
• * 1.138

  By Dacia, here is meant Den∣mark.
• i 1.139

  Vide Guil. Lambard de pris••is Ang∣lorum legibus pag. 137.
• k 1.140

  Ms. in Bib∣liothecâ Cot∣tonianâ.
• a 1.141

  Ms. in bibli∣otheca Cotto∣nianâ, & par∣tim apud Camden. in Britan. p. 91.
• * 1.142

  These Ciu∣lae were full of Saxons, which Sido∣nius call's Pandos Myo∣parones, Ves∣sels built somwhat long and narrow.
• b 1.143

  Cart. C••d∣wallae R. apud Cam∣den in Bri∣tann. pag. 223
• c 1.144

  Ethelwerd lib. 1. & 3. ca. 3. Henric. Huntindon. lib. 2.
• d 1.145

  In Epist. a∣pud Guil. Malmsbur. de de gostis Re∣gum, lib. 1. c. 5 Et in operibus Alcuini inter Epistolas, p. 1669.
• e 1.146

  Ge••ta Nor∣mann. ann. 840. Malmsb. lib. 2. cap. 2. &c.
• f 1.147

  Ms. Codices bini, in Bibli∣othecâ Collo∣nianâ, anno 897.
• g 1.148

  Histor. l. 5.
• h 1.149

  Apud Guil. Malmsbur. de gestis Re∣gum 2. cap. 6.
• i 1.150

  Roger Ho∣vedenius, An∣nal. part. 1. Ann. 937. & Florent. Wigorn. ann. 938.
• k 1.151

  In anno 937.
• l 1.152

  Anno Edga∣ri, 13. Hun∣tingdon. l. 5.
• m 1.153

  In anno 975.
• u 1.154

  Ms. In Bib∣liothecâ Col∣toniana.
• a 1.155

  Ms. anno 1008. in Bibliotheca Cottoniana.
• b 1.156

  Histor. mi∣nor. Ms. in Bibliotheca Cottoniana.
• * 1.157

  A Carue of I and, i▪ e. as much as may bee til∣led by one Plow in a year.
• c 1.158

  Mr. in Bib∣liotheca Cot∣toniana.
• d 1.159

  Mss. penes Camerarios Scaccarii.
• e 1.160

  In Brit. pag. 114.
• f 1.161

  Anno 1040.
• g 1.162

  Anno eo∣dem.
• h 1.163

  Apud Ro∣ger. Hoveden, part. 2. pag. 344. in Edit. Londin. pag. 603. in Edit. Francofurt.
• i 1.164

  Apud G. Lambard. de priscis An∣glorum Legi∣bus, fol. 128. & G. Camden. Brit. pa. 102.
• k 1.165

  Anno 1012
• l 1.166

  Autor Chro∣nici Melrosen∣sis, Ms. in Bibliotheca Cottoniana.
• m 1.167

  In Biblio∣theca Cotto∣niana. Anno 1012.
• n 1.168

  In Polycra∣tico, seu de Nugis Curia∣lium, lib. 8. cap. 21.
• o 1.169

  Edit. Lon∣din. pag. 510. Francofurt. 897.
• p 1.170

  Hist. minot. Ms. in Bibli∣othecâ Cotto∣nianâ.
• q 1.171

  Ms. in Bib∣liothecâ Cot∣tonianâ. Com∣pacti cum Guil. Gisbur∣nensis Anna∣libus.
• r 1.172

  Ms. Penès Camerarios Se••••cari••••▪ c. 27. Idem ha∣betur Dialo∣gus etiam in Codice Rubro, penes Reme∣moratorem Regis.
• s 1.173

  Cap. 15.
• t 1.174

  Edit. Lon∣din. pag. 276. Edit. Fran∣cofurt. pag. 482.
• u 1.175

  Hist. mino∣re Ms. in Bibliothecâ Cottonia∣nâ; in Ste∣phani R. ini∣tiis.
• x 1.176

  Ms. ibid.
• y 1.177

  Ms. in Bib∣liot hecâ Cottonia∣nâ.
• z 1.178

  Histor. Mi∣nor. Ms. in Bibliothecâ Cottonianâ.
• a 1.179

  Ms. in Bib∣liothecâ Cottonia∣nâ, anno 13. Ethelredi Re∣gis, seu Christi 991. pa. 57.
• b 1.180

  Apud Jacob. Thuanum. Historiar. li. 95.
• c 1.181

  Ms. penès Camerarios Scaccarii.
• a 1.182

  Apud Guil. Malmsbur. de gest. Regum. lib. 2. cap. 8.
• b 1.183

  Inspexi∣mus in Rot. Pat. 1. Ed. 4. part. 6. Sic habetur apud Joan∣nem Dée in Monarch. Britannic. pag. 58. & 60. And in Purchas his Pilgrimage, part. 3. lib. 3. cap. 19. pag. 619.
• c 1.184

  Edward Coke, in his Preface ad Commenta∣riorum Ju∣ris, lib. 4. And James Usher Bishop of Armag••, in Epistol. Hi∣bernicarum Sylloge, pag. 121. ubi vide item▪ p. 163.
• d 1.185

  Chap. 117.
• e 1.186

  De Bello Gallico, l. 6.
• f 1.187

  In Gestis Normanno∣rum, pag. 2. Vide Aimoi∣num, de Ge∣stis Franco∣rum, lib. 4. ca. 90. & 100. de Norman∣nis.
• g 1.188

  L'Amiral de France, chap. 6. & 7.
• a 1.189

  L. 3. F. tit. de Acquir. vel amitt. posses∣sione.
• b 1.190

  Hugo Do∣nellus, de Ju∣re Civili, l. 5. Cujacius, ob∣servat. l. 9. ca. 37. l. 10. C. tit. de acquir. possess. & reti∣nendâ.
• a 1.191

  Ro••. Pat. 6. Joannis R. Membr. 8. vi∣de Rot. Pat. 8 Hen. 3. part. 1. M. 3. & 4. Claus. 9. Hen. 3. Membr. 15. Pat. 9. Hen. 3. part. 2. M. 9.
• b 1.192

  Rot. Pat. 48 Hen. 3. part. 1. memb. 3. & Rot. Claus. 48 Hen. 3. Mem∣bran. 3.
• c 1.193

  Rot. Pat. 27. Hen. 3. part. 1. Membran. 3. in dorso.
• d 1.194

  Rot. Pat. 19. Hen. 3. Memb. 14.
• e 1.195

  22. Ed. 1. seu anno 1295.
• f 1.196

  Rot. pat. 23. Edw. 1. m. 5.
• g 1.197

  18. Ed. 2. seu ann. 1326. & vi∣de Rot. Pat. 19. Ed. 2. part. 1. Mem. 12. & 20. Ed. 2. Mem. 22.
• h 1.198

  Rot. Par∣l••m. 14. Ed. 3. art. 2.
• i 1.199

  Rot. Par∣lam. 13. Ed. 3. part. 1. art. 6, 9. & 11. & Rot. Par∣lam. 20. Ed. 3. artic. 21.
• k 1.200

  2. R••••b. 2. Ro•• Par••
• l 1.201

  lam. 2. R••••h. ••. part. 2▪ art. 3••▪ & 7. 〈◊〉〈◊〉. 2. Membran. 9. art. 13. & 14. & 7. H••••▪ 4. art. 18 •• 19. & 8. Hen art. 6.
• m 1.202

  Ro•• Par. 33. Hen. 6. artic. 27.
• n 1.203

  Rot. Fran∣ciae. 32. Hen. 6. m. 4. & 6. &c.
• o 1.204

  Stat. ••. Hen ••. cap. 1.
• p 1.205

  Rot. Par∣lam. 20. Hen. 9. Artic. 29.
• q 1.206

  L. 〈◊〉〈◊〉. tit. Com••odati, §. 5. & 8.
• r 1.207

  Ex••r. tit. de Officio Custodis Fe∣clesiae.
• s 1.208

  Rot. Cart. 2. Joann. R. in Dors. & Rot. Pat. 17. Joannis.
• t 1.209

  Rot. Pat. 3. Hen. 3. Membran▪ 4. &c.
• u 1.210

  Th. Walsing∣ham, ann. 1420, &c.
• x 1.211

  Rot. Parl. 8 Hen. 5. &c.
• y 1.212

  Rot. Pat. 8 Hen. 7. part. 1.
• z 1.213

  Rot. Pat. 3 Hen. 3. ••n Juni••; Phi∣lippo de Al∣biniaco, &c.
• a 1.214

  Rot. Claus. 7 Hen. 3. dors. 6. 14. 〈◊〉〈◊〉. 3. Memb. 22. & 17. in dors. Claus. 17 〈◊〉〈◊〉. 3. Membr. 7. in dors. Rot. Pat. 24 Ed. 1. Membr. 17. & Claus. 25 Ed. 1. Membr. 12. in Dorso &c.
• b 1.215

  Chap. XXVII. & XXVIII.
• a 1.216

  Chap. 11.
• b 1.217

  Apud Roger. Hovedenium in Annal. part. 2. pag. 344. Edit. Londin. & 603. in Edit. Francofurt. & apud G. Lambard. in Archaeonomia pag. 128.
• c 1.218

  Annal. part. 1. pag. 276. Edit. Londin. pag. 482. Edit. Franco∣furt.
• d 1.219

  Ms. in bib∣liothecâ Cottonia∣nâ.
• e 1.220

  In Bibli∣oth. Cotto∣niana.
• f 1.221

  M. 25. Ed. 1. Comm.. Ban••. R••t. 72. Penès Ca∣merarios Scaccarii.
• g 1.222

  Rot. Parl. 13 Edw. 3. Art. 6.
• h 1.223

  Rot. Par••. 2 Rich. 2. part. 2. art. 38. in sche∣duld.
• i 1.224

  Chap. 23.
• k 1.225

  Rot. Par∣lam. 28. Hen. 6. art. 38.
• l 1.226

  Rot. Par∣lam. 32. Hen. 6. articul. 30. & 41.
• m 1.227

  Stat. 1. Ed∣ward. 6. 1. Mari•• Re∣ginae, 1. Eli∣zabethae, 1. Jacobi Regis.
• a 1.228

  Georgius Codinus, de Officiis Con∣stantinopolit. cap. 2.
• b 1.229

  Rot. Pat. 10. Rich. 2. part. 2. Memb. 19. & 11. Rich. 2. part. 2. m. 12. ub•• Ri∣chardus Comes A∣rundeli•• sic nuncup••∣tur in Pro∣tectionis re∣vocation••.
• c 1.230

  Rot. Pat. 21. Rich. 2. part. 2. m. 15.
• d 1.231

  Ms. For∣mularum de Rebus Mari∣timis, in Bib∣lioth. Cot∣tonianâ. 3. Maii, 13. Hen. 4.
• e 1.232

  Rot. Pat. 4. Hen. 6. part. 2. Mem. 11. 26. Julii.
• f 1.233

  Rot. Part. 1▪ Hen. 8. part. 1.
• g 1.234

  Rot. Pat. 4. Hen. 8. part. 2. Augusti. 15.
• h 1.235

  Rot. Pat. 28. Hen. 8. part. 2. Augusti. 16.
• i 1.236

  Rot. Pat. 1. Edw. 6. part. 6. 17. Febr. membran. 9.
• k 1.237

  Rot. Part. 3. Ed. 6. part. 2 Novemb. 28.
• l 1.238

  Rot. Pat. 1. Mariae Regi∣nae, part. 5. ••0. Mar••••. Membr. 3.
• m 1.239

  Rot. Pat. 4. & 5. Phil. & Mariae, par. 1. Feb. 10.
• n 1.240

  Rot. Pat. 27 Eliz. R. part. 10. 8. Julii.
• o 1.241

  Rot. Pat. 9. Jacobi Regis, part. 9. Jan. 27.
• p 1.242

  Rot. Pat. 16 Jacobi Re∣gis, part. 17.
• q 1.243

  Stat. 20 H. 6. cap. 11.
• r 1.244

  2 Ed. 3. fol. 9. seu 36 a. pl. 6.
• s 1.245

  Rot. Pat. 1 Ed. 6. part. 6. membran. 5. Augusti, 30.
• a 1.246

  Chap. 6. of this Book.
• b 1.247

  Rot. Vascon. 6. & 7 Ed. 4. &c. in Ca∣pellâ Rotulo∣rum.
• c 1.248

  Rot. Pat. 4. Eliz. R. part. 1. in dorso.
• d 1.249

  Rot. Fran∣ciae, 2 Hen. 8.
• * 1.250

  Rotuli Franciae, Norman▪ 〈◊〉〈◊〉, Vas••o••i••, Archivo ar••is Lon∣dinen••••••, Regum ••er•• singulorton annis distin∣c••i.
• a 1.251

  Ar••est. ann. 1377. sub Carolo 5. ••dict. Fram. Tom. 3. ••it. 2.
• b 1.252

  Choppin. de Doman••o Franciae, lib. 1. tit. 1••••. 11. Pa••quier en les Re∣cerches, liv. 2. cap. 14. J. Tilius de de Rebus Gallicis, lib. 2. Alii.
• * 1.253

  Cap. 18.
• c 1.254

  Capitular Caroli & Ludovi••. R R. lib. 5. cap. 4.
• d 1.255

  In Gest. Normanno∣rum, pag. 22.
• e 1.256

  De Rebus Gallicis, lib. 2. Adde Laurent. Bo∣chel. in The∣sauro Juris Gallicani. part. 1. pag. 90.
• f 1.257

  Apud An∣draeam Ches∣nium, in Hi∣storia Fami∣liae Momo∣ranciae, lib. 3. pag. 183.
• g 1.258

  In Chronic. Episcoporum ultraject. & Com. Hollan∣diae.
• h 1.259

  De Rebus Gallicis, lib. & vide Pas∣chasium, en les Recerches, l. 2. c. 14.
• i 1.260

  Popelliner. en l'Amiral de France.
• k 1.261

  De Doma∣nio Franc. lib. 1. tit. 15. § 13. Adde Popelliner. En l'Amiral de France, chap. 12.
• l 1.262

  Edict. Re∣gum Franciae, lib. 3. tit. 5. & Popelliner. ca. 10.
• m 1.263

  Edict. Lu∣dovici, 12. 148••.
• n 1.264

  Petrus Gre∣gor. Tholosan. in Syntagm. Juris, lib. 1. cap. 3.
• o 1.265

  L'Amiral de France, chap. 9.
• p 1.266

  Sanctyon des Coustomes des Eaus & Forests, liv. 2. chap. 1. cod. Hen. 3. lib 16.
• q 1.267

  Ann. 1552. 12 Jan. ut Notatur in Edict. Regum Franciae, tom. 3. tit. 5. in Margine. Jo. Tilius, l. 2. Simon Mari∣on in Placit. 5.
• r 1.268

  De quibus volumen grande con∣scripsit San∣ctyonius, & vide Cod. Hen. 3. l. 16.
• s 1.269

  Apud An∣draeam Ches∣nium, in Hist. de Familiâ Momoran∣ciacâ, l. 5. pa. 445. Anno 1612.
• t 1.270

  Rot. Franc. 10 Hen. 8. seu 1518. 4. Octob. cum Francisco primo. Rot. Foeder. & Tract. Jacobi Regis cum Ludovico 13. &c.
• u 1.271

  Hist. Eccles. l. 2. cap. 5. & vide Camden. in Brit. pag. 97.
• x 1.272

  Alcuinus a∣pud G. Malms∣bur. de gestis Regum, l. 1 c. 5. & inter Epist. Alcuini in operibus ejus, pa. 1669
• y 1.273

  Hemmingus Ms. in Cod. Eccles. Wi∣gorn. in Bib∣liothecâ Cottonianâ fol. 44. b. & 150. &c.
• b 1.274

  Rot. Claus. 2 Hen. 3. membr. 1. part. 1. Pat. 3 Hen. 3. membr. 3. & 5.
• c 1.275

  Jo. Buche∣tus in Anna∣libus Aquita∣niae, part. 4. & Cod. vet. Foederum, &c. Ms. in Archivo Fis∣cali, fol. 1.
• d 1.276

  Ms. in Bibliothe∣câ Cottoni∣anâ.
• e 1.277

  Matth. Pa∣••••••, pag. 398. Edit. ••on∣din.
• f 1.278

  〈◊〉〈◊〉. Coke, in Comm. Juris 〈◊〉〈◊〉. part. 7. in ••al•••••• ••••••u, sol. 20. c. 21. Guil. Cam∣den••••sulis Brit. pag. 855. Alii; quod & ad∣mittitur in diplio∣matum ali∣quot recen∣tiorum pro∣••miis, velu∣ti Rot. Pat. 7. Elisabethae R. part. ••. Herelio de Carteret, Rot. Pat▪ 2. Jacobi, part. 19. & 9. Jacobi part. 24. ubi de Insularum privilegiis.
• g 1.279

  Videsis Ro••. Pat. 11. Eli∣sabethae, R. part. 8. in dorso.
• h 1.280

  Vide 〈◊〉〈◊〉. Hen. 8. ••••le∣way, fol. 202. plac. 19.
• i 1.281

  Rot. Placit. de Insulis, 2. ••d 2 & Rot. Pat. 15. E••. •• part 1. Membran. 2••.
• k 1.282

  M••••h 5. ••d. 3. rot. 〈◊〉〈◊〉. coram R••••e, & Mich. 6. ••d. 3 rot. 1••1. coram ••ege, pen••s C••∣••••rarios Scaccarii, 2. ••d. 3. fol. 5. seu 32. ••. & 〈◊〉〈◊〉. Tempore ••d. 3. fol. 1••8 a.
• l 1.283

  Jo. Sares∣burien••is, de Nu••is Cu∣rialium, lib. 5. cap. 15. & 16.
• m 1.284

  Mich. ••. Ed. 3. Rot. 183. coram rege, & Mich. rot. 5. & 6. Ed. 3. paulo antè citatis, 181. coram Rege, penès Ca∣merarios Scaccarii.
• n 1.285

  Rot. Placit. de Insulis, 2. Ed. 2. rot. 30. in dorso; in Arce Lon∣dinensi.
• o 1.286

  Rot. Pat. 2. Ed. 6. part. 7. ubi Inspexi∣mus. 1. Hen∣rici. 8. &c.
• p 1.287

  Rot. Pat. 2. Jacobi, part. 19.
• q 1.288

  Rot Pa••▪ 7 El••s part 3
• r 1.289

  Tho. Wal∣singham, An∣no 1360. s••u 3•• Ed. 3.
• s 1.290

  ••oeder. 1542. inter Caesarem & ••en. 8. & Foeder. 1585 inter Elisah. R▪ & Ordines Foederatos Belgii, quo∣rum trans∣sumpta in Bibliothecâ Cottonia∣nâ.
• t 1.291

  Rot. Fran∣ciae, 3 ••en. 5. Membran. 6. num. 12 No∣••••••b. 27.
• u 1.292

  Rot. Fini∣um, 31 Ed. 3. Membran. 18.
• x 1.293

  In Britann. pag. 200. & 430.
• y 1.294

  Ms. in Bibliothecâ Cottonia∣nâ.
• * 1.295

  Tho. Wal∣singham in Rich. 2. anno 1••86. pag. 352. Edit. Lon∣din.
• a 1.296

  Statut. Hi∣bernic. 33▪ H. 8. cap. 1.
• b 1.297

  Cap. 22.
• c 1.298

  Rot. Placit. de Insulis, 2. Ed. 2. Rot. 21 & 30 &c. in arce Lon∣din.
• d 1.299

  Of which see more in the twentie fourth chap∣ter.
• e 1.300

  Cod. vet. Foederū, &c. Ms. anno 1259. Penes Camerarios Scaccarii.
• f 1.301

  Cod. Vet. Ms. in Bib∣lioth. Cot∣tonlanâ, de Rebus Aqui∣tanicis, fol. 3.
• g 1.302

  Rot. Vascon. 38 Hen. 3. membr. 8. Matth. Pa∣ris, pa. 1187. seu 1207. Edit. Lond. Florilegus, ann. 1254. & Cod. Vet. Ms. de reb. Aquitan. in Biblioth. Cot∣ton. fol. 66.
• a 1.303

  Rot. Fran∣ciae, 5. Hen. 4. membr. ••1. Jan. 5.
• b 1.304

  Ibid. mem. 14.
• c 1.305

  Rot. Claus. 13 Ed. 2. membr. 7. in dorso.
• d 1.306

  Stilus & Protocoll. Cancellariae Franc. cap. de Pa••••aiges & Sauf-Conduits.
• e 1.307

  Chap. 14 of this Book.
• f 1.308

  30 Junii, 1589. quâ de re Declara∣tio tunc Londini ty∣pis Edita.
• g 1.309

  Thuanus, Histor. l. 95.
• h 1.310

  Albericus Gentilis, de Jure Belli, li. 1. cap. 21. Hispanic. Advocat. li. 1. cap. 20. & Hugo Grot. de Jure Belli & Pacis, l. 3. cap. 1. § 5.
• i 1.311

  1585. As you may read in the Queen's Declarati∣on, 1589.
• k 1.312

  In the Re∣cords of the Embassie in Sir Robert Cotton's Li∣brarie.
• l 1.313

  In Sir Ro∣bert Cot∣ton's Libra∣rie.
• m 1.314

  Rot. Pat. 24 Ed. 1. memb. 5. & 25 Ed. 1. par. 1. mem∣bran. 2. 7. 16. &c.
• n 1.315

  Fascic. de Superioritate Maris An∣gliae, in Arce Lo••dinens••.
• o 1.316

  Rot. Pat. 9 Johann. ••. Membran. 1. Num. 3.
• p 1.317

  Rot. Par. 3 Hen. 5. par. 1. num. 6. seu 31.
• a 1.318

  Cap. XV.
• b 1.319

  Rot. Fran∣cie 38. Hen. 6. Membran▪ 9. & 14.
• c 1.320

  Hitcho•••••• New years Gift. Edit. Londinens. 1580.
• d 1.321

  Proclmaat. 7. of King Ja••••••, May 6.
• e 1.322

  Gerard. Malinius in Lege Mer∣catoriâ, cap. 35.
• * 1.323

  Rot. Fran∣ciae, 5. Hen. 4. 29. Septemb.
• g 1.324

  Rot. Pa∣tent. 23. Ed. 1. Membr. 5.
• h 1.325

  Rot. Claus. 11. Fd. 3. Membran. 35.
• i 1.326

  Rot. Pat. 22. Ed. 4. Mem∣bran. 2.
• k 1.327

  Rot. Pat. 3. Hen. 7. part. 2. in dorso 15. August. & part. 1. in dorso. 18. Septembris.
• l 1.328

  Rot. Pat. 2. Rich. 3. part. 1. Membran. 2.
• a 1.329

  Proclam. 1. March 2. of K. James, or 1604. in Rot. Pat. 2. Jacobi R. part. 32.
• b 1.330

  Martii, 1604. seu 2. Jacobi R.
• c 1.331

  Albericus Gentilis in Advocat. Hispanica, lib. 1. cap. 8.
• d 1.332

  Tacit. in vitâ Agri∣colae▪ Caes. de Bello Gallico, l. 5.
• e 1.333

  Menoch. Consil. 14.
• f 1.334

  ••. 7. 〈…〉〈…〉 110. ••••1.
• g 1.335

  〈…〉〈…〉.
• h 1.336

  〈…〉〈…〉. 1. 〈…〉〈…〉 8. 〈…〉〈…〉 18. 〈…〉〈…〉▪
• i 1.337

  〈…〉〈…〉
• k 1.338

  〈◊〉〈◊〉. 1. Co••••l. 74. ••um. 10.
• l 1.339

  Tract, de Insulis, cap. 14. § 46.
• m 1.340

  In Insulis••▪ Brit. p. 855.
• n 1.341

  Rot. Pat. 2. Ed. 6. part. 7. Rot. Pat. 2. Elizab. part. 6. 〈◊〉〈◊〉 Rot. Pat. 2. Jacobi Re∣gis, part. 19.
• o 1.342

  Cap. XIX.
• a 1.343

  Rot. Sco∣tiae, 10. Ed. Memb. 16.
• b 1.344

  Rot. Parl. 46 Ed. 3. num. 20.
• c 1.345

  Rot. Parl. 8 〈◊〉〈◊〉. 5. memb. 3. art. 6.
• d 1.346

  Brev. 10. Caroli R. Octob. 20. seu 1634.
• c 1.347

  1286. seu 15 Ed. 1. in Fascic. de superioritate, Maris, in Arce Londi∣nensi.
• a 1.348

  Lib. 1. seu de Rerum divisione, cap. 12. §. 5. & 6.
• b 1.349

  Autor Fle∣t•• Ms. lib. 3. cap. 1. Breto•• lib. 2. cap. de Purchas.
• c 1.350

  Bracton lib. 2. cap. 24. § 2. & 5. fol. 56. & 57.
• d 1.351

  Rot. Pat. 〈◊〉〈◊〉 Hen 3. memb••. 〈◊〉〈◊〉.
• * 1.352

  Pourpre••••u∣re is pro∣perly, when a man en∣croacheth, or when a∣ny thing is don to the nusance of the King's Tenants.
• e 1.353

  Lib. 3. de Corona, cap. 1. § 3. & cap. 2. § ••. fol. 116^b. & 118^a.
• f 1.354

  Fle••a, Ms. lib. 1. cap. 20.
• g 1.355

  Cod. Ms. de Admiral∣latu, fol. 18^b. Artic. in Admirallat. inquirend. Edit. anno 1595. num. 33.
• h 1.356

  6. Rich. 2. Fitzherbert tit. Protecti∣on. 46.
• i 1.357

  Seingerman. lib. 2. cap. 51.
• k 1.358

  Ed. Coke part. 5. fol. 108. & in Comm. ad Littleton sect. 439. fol. 260.
• l 1.359

  In Fascic. de superiori∣tate maris, in Arce Condinensi.
• m 1.360

  Edict. France, tom. 3. tit. 2. Ju∣ribus & pri∣vilegiis Ad∣mir••••li §. 19.
• * 1.361

  Stat. 18. Ed. 1. seu de modo levandi Fines. Bra∣cton, lib. 5. de exceptio∣nibus, cap. 30. fol. 437. 2. Ed. 3. fol. 9^a. 4. Ed. 3. fol. 46. pl. 30. Fitzherbert 8. Rich. 2. tit. Conti∣nual Claim, 13. Plow∣den, C••••∣ment. 1. part. fol. 359. & 360. &c.
• o 1.362

  Bracton ib. & Coke 7. Jacobi R. part. 8. fol. 100. Cas. Rich. Lich∣ford.
• p 1.363

  Coke, part. 7. in cas. Cal∣vini, fal. 23.
• q 1.364

  Fitzherbert, tit. Continual Claim, 13.
• r 1.365

  Sect. 440. & 441.
• s 1.366

  Sect. 677. & videsis Plowden, Comment. part. 1. fol. 359. & 360
• * 1.367

  Essoin is an alledg∣ment of an excuse for him that is summo∣ned, or sought for to appear, and answer to an acti∣on. It is as much as ex∣cusatio with the Civili∣ans.
• * 1.368

  Lib. 5. ••ract. de Esson••is, cap 8. §. 2.
• * 1.369

  Ms. lib. 6. cap. 8.
• x 1.370

  Ms. fol. 12^b.
• y 1.371

  Temp. Ed. 1. Fitzherbert tit. Avowr••e 192. & Pla∣cit. 37. & 38 Hen. 3. Rot. 10. Devon. Itin. Suffer. 47 Hen. 3. Rot. 10. Trin. 50 Hen. 3. Rot. 22. & Trin. 24 Ed. 3. in Brevi∣bus Regis inter Pilke & Uenore; quae in Arcis Londinensis Archivo. Ejusmodi item sunt alia.
• z 1.372

  Jo: Cowel. Instit. Juris Anglicani lib. 2. tit. 1. sect. 3. & 4.
• a 1.373

  Andraeas Horn Ms. in speculo Justit••ario∣rum, lib. 2. & Joannes Dee in Mo∣narch. Britan. pag. 21.
• b 1.374

  Anno 1602 apud Cam∣den. in An∣n••libus, Tom. pag. 272. Edit. Lon∣dinens.
• c 1.375

  Juvenal. Satyr. 4.
• a 1.376

  Thom. Wal∣singham 1359. seu 33 Ed. 3.
• b 1.377

  Cap. 5:
• c 1.378

  Figures des m••n••yes de France, fol. 131. & 132.
• d 1.379

  Apud Guil. Camden Remains pag. 206. Edit. 1614.
• e 1.380

  Paulus Grillandus, Tract. de Quaest. & Torturâ, q. 4. num. 13. & 14.
• f 1.381

  Ms•• in Bib∣lioth. Cot∣tonianâ, & vide G. Camden in loco antè ci∣tato.
• * 1.382

  By Nobles here are meant the Rose Nobles that hee coined.
• a 1.383

  Cap. 18.
• b 1.384

  Ludovic. Servin. Pla∣cit. 11. Tom. 2. 1592. pag. 262. Edic. 1609.
• d 1.385

  Servinus, placit. citat. pag. 254.
• c 1.386

  Ms. Com∣mentar. de rebus Ad∣miral, fol. fol. 28. ••.
• a 1.387

  Rot. Claus. 25 ••d. 1. in S••bed. annex. Membranae 26. Rot. Ale∣m••••••••e à 22 ••d. 1. ad ••1 ••d. 1 &c.
• b 1.388

  ••ot 〈◊〉〈◊〉▪ 〈◊〉〈◊〉 ••d. 1. part 2. m••m. 24▪ in do••so.
• c 1.389

  〈◊〉〈◊〉 inte∣g••••on ••ab••tur in 〈◊〉〈◊〉▪ A••••∣manni••, 31 ••d. 1. M••m∣brana 2.
• d 1.390

  Rot. Pat. 31 Ed. 1. membr. 16. ult. Junii.
• c 1.391

  De gesti•• Franc. li. 8.
• f 1.392

  Rot. Ale∣mann. 30 & 31 Ed. 1. Du Tillet en le recueil des Traictes, &c. fol. 40^b.
• g 1.393

  Florilegus, ann. 1293. 3. Thomas Walsingham▪ ann. 1294. Alii.
• h 1.394

  Anno 1293.
• i 1.395

  Anno 1294.
• k 1.396

  Anno 1297
• l 1.397

  Ms.
• * 3.1

  Or Commis∣sioners.
• a 3.2

  De Gestis Francorum, lib. 8.
• b 3.3

  De rebus Galli••is, li. 2.
• c 3.4

  Chronic. Episcop. Ul∣traject. & Comit. Hol∣land. pag. 93.
• d 3.5

  Recueil des Traictes, &c. fol. 40.
• e 3.6

  Rot. Claus. 2••1 Ed. 3. par. 1. membran. 25. dors. Rot. ••••anciae, 10 H••n. 8. &c.
• f 3.7

  Rot. Pat. 14 Ed. 2. part. 2. Mem∣bran. 26. in dorso.
• b 3.8

  Ms. in Bib∣liothecâ Cottonianâ 3 Hen. 5.
• c 3.9

  Jacobus Chiffletius, in Epistolá De∣dictori•• ad Comitem de Olivares, Portui Iccto praefixâ.
• a 3.10

  CAP. 24.
• * 3.11

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• b 3.12

  Topograph. Hiberniae, dist. 2. cap. 15.
• c 3.13

  L. 4. § 11 l. 5. & 6. ff. tit. Finium Re∣gundorum.
• d 3.14

  Cicero de Officiis, lib. 1.
• d 3.15

  1602. apud G. Camden. in A••nalib. ••••m 2. pag. ••••3. 〈…〉〈…〉.
• e 3.16

  Stat. Hi∣bernic. 5. Ed. 4. cap. ••.
• f 3.17

  Gerardus Malinius, in Lege mer∣catoriâ cap. 35. pag. 189.
• g 3.18

  Proclam. 7. Jacobi 6. Martii.
• h 3.19

  Hist. Ec∣cles. lib. 2. cap. 9.
• j 3.20

  •…•…m 〈…〉〈…〉 ••40.
• k 3.21

  〈…〉〈…〉, pag. 847.
• l 3.22

  Chronic. Manniae, anno. 〈…〉〈…〉 •…•…t. cart. 14. ••••••••nis R. membran. in dorso.
• m 3.23

  〈…〉〈…〉, hist Scot lib. 13.
• n 3.24

  ••acklu••s, in his Voy∣ages, Tom. 2. pag. 151.
• o 3.25

  L. 3. ff. ••t. de acquir. Rer. Dom.
• p 3.26

  De Condi∣tionibus Agrorum.
• q 3.27

  His Com∣mission you may finde, Rot. Franc. 12. Hen. 7.
• r 3.28

  Stat. 2. & 3. Ed. 6. cap. 6.
• b 3.29

  Proclam. 7▪ Jacobi & Mar••ii, 6.
• c 3.30

  Parlam. 4. Jacobi R. 6. cap. 60. & Parlament. 6. ejusdem cap. 86.
• d 3.31

  Guil. Wel∣wodus, de Do∣minio Maris, cap 3.
• e 3.32

  In Append. ad Sigebert. Gemblac. An∣no 1197.
• f 3.33

  Topograph. Hiberniae, dist. 2. cap. 11.
• g 3.34

  Historia Ecclesiastica, lib. 10. pag. 767.
• h 3.35

  Ex Tabulis publicis, Fer∣rerius, in Ap∣pendice. Hist. Hectoris Boëtii sub∣junctâ, pag. 388.
• i 3.36

  Munster. Cosmograph. lib. 2. & Gui lielm. Cam∣den. in In∣sul•••• Brit. pag. 849.
• k 3.37

  Parlam. 6. Mariae, Regi∣nae Scot. c. 54.
• b 3.38

  In the life of Agri••ola.
• c 3.39

  In Advocat. Hispanic. lib. 1 cap. 8.
• d 3.40

  Hacklu••t in his Voi∣ages. Tom. 1. pag. 590.
• e 3.41

  3 Hen. 5. seu Anno Dom. 1453. in Schedis ve••ultis bib∣liothecae Cottonia∣uae.
• f 3.42

  Isaacus Pon∣tanus in Hist. Danicâ, & Zuer. Box∣horn. in Apo∣logiâ pro Na∣vigatione Holland.
• g 3.43

  Foed. Hen. 6 Augliae, & Errici 10. Dani•• R. 1432. art. 6. Ex Tabulis Legationis Danicae seu Dissertatio∣nis Bremen∣sis, 1602. in in Biblio∣thecâ Cot∣tonianâ.
• h 3.44

  Stat. 8 H. 6 cap. 2. & Rot. Parlam. 8 Hen. 6. num. 35.
• i 3.45

  Ro••. Fran∣ciae, 18 H. 6. membran. 16. Rotul. Franc. 12 H. 7. Rot. Franc. 1 Ed. 5. &c.
• k 3.46

  Stat. Hen. 8. 〈◊〉〈◊〉. 1.
• l 3.47

  De Gest s S••o••o••um, l. 1.
• m 3.48

  Foed. Da∣nic. 11 Hen. 7 art. 4. quod in Tabulis Legationis 1602. etiam habemus.
• n 3.49

  Vet. Schod. de Temp. Hen. 5. in Bibli∣othecâ Cot∣tonianâ. & Rot. Claus. 3 Hen. 3. Membran. 5. in dors••.
• o 3.50

  Rot. Parl. 3 Hen. 5. par. 1. membr. n. 33.
• p 3.51

  Sub Edwar∣do IV. Angliae R.
• q 3.52

  They were Ambassa∣dors in En∣gland anno 1597.
• r 3.53

  Camden. in Annal. Eli∣sabeth •• an. 2. anno. 1602.
• s 3.54

  29 Septemb. A Copie of which Let∣ters is in S^r Robert Cotton's Librarie.
• t 3.55

  Sylvarum, lib. 2.