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 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 1.1 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 1.2 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 * 1.3 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 1.4 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 1.5 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 1.6 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 1.7 understand by their Commission. Yea, and they are mentioned by William de Nangis, by the title of Admirals; as others also are by g 1.8 Joannes de Beka, in the time of Philip the fair. Al∣though h 1.9 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 1.10 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 1.11 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 1.12 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 1.13 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 1.14 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 1.15 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 1.16 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 1.17 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 1.18 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 1.19, 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 1.20 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 1.21 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 1.22 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 1.23 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.

Notes

• a 1.1

  Ar••est. ann. 1377. sub Carolo 5. ••dict. Fram. Tom. 3. ••it. 2.
• b 1.2

  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.
• * 1.3

  Cap. 18.
• c 1.4

  Capitular Caroli & Ludovi••. R R. lib. 5. cap. 4.
• d 1.5

  In Gest. Normanno∣rum, pag. 22.
• e 1.6

  De Rebus Gallicis, lib. 2. Adde Laurent. Bo∣chel. in The∣sauro Juris Gallicani. part. 1. pag. 90.
• f 1.7

  Apud An∣draeam Ches∣nium, in Hi∣storia Fami∣liae Momo∣ranciae, lib. 3. pag. 183.
• g 1.8

  In Chronic. Episcoporum ultraject. & Com. Hollan∣diae.
• h 1.9

  De Rebus Gallicis, lib. & vide Pas∣chasium, en les Recerches, l. 2. c. 14.
• i 1.10

  Popelliner. en l'Amiral de France.
• k 1.11

  De Doma∣nio Franc. lib. 1. tit. 15. § 13. Adde Popelliner. En l'Amiral de France, chap. 12.
• l 1.12

  Edict. Re∣gum Franciae, lib. 3. tit. 5. & Popelliner. ca. 10.
• m 1.13

  Edict. Lu∣dovici, 12. 148••.
• n 1.14

  Petrus Gre∣gor. Tholosan. in Syntagm. Juris, lib. 1. cap. 3.
• o 1.15

  L'Amiral de France, chap. 9.
• p 1.16

  Sanctyon des Coustomes des Eaus & Forests, liv. 2. chap. 1. cod. Hen. 3. lib 16.
• q 1.17

  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 1.18

  De quibus volumen grande con∣scripsit San∣ctyonius, & vide Cod. Hen. 3. l. 16.
• s 1.19

  Apud An∣draeam Ches∣nium, in Hist. de Familiâ Momoran∣ciacâ, l. 5. pa. 445. Anno 1612.
• t 1.20

  Rot. Franc. 10 Hen. 8. seu 1518. 4. Octob. cum Francisco primo. Rot. Foeder. & Tract. Jacobi Regis cum Ludovico 13. &c.
• u 1.21

  Hist. Eccles. l. 2. cap. 5. & vide Camden. in Brit. pag. 97.
• x 1.22

  Alcuinus a∣pud G. Malms∣bur. de gestis Regum, l. 1 c. 5. & inter Epist. Alcuini in operibus ejus, pa. 1669
• y 1.23

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