tian signiory not to take up two-hundred of them, omitting some scattered towns, and dispersed islands, lying on the Turkish sde of the Adriatick shore. For the securing hereof from the depredations of pirates, and the pretences of divers potent princes, as the Pope, Emperor, King of Spain, and the Great Turk, who have each of them large territories lying thereupon; also to cause all ships, which navigate the same, to go to Venice, and there to pay custom, and other duties, the republick maintains continually, in action, a great number of ships, gallies, and galliots, whereto also they add more, as there may be occasion; whereof some lie about the bottom of the gulf in Istria, others about the islands of Dalmatia, to clear those parts of pirates, who have much infested those seas; others, and those of most force, have their stations in the island of Corfu and Standia; in the first of which commonly resides the captain of the gulf, whose office it is to secure the navigation of the gulf, not only from the Corsairs, but to provide, that neither the gallies, nor ships of the Pope, the King of Spain, nor Great Turk, do so much as enter the same, without permission of the signiory, and upon such conditions as best pleaseth them; which they are so careful to effect, that, in the year 1638, the Turkish fleet, entering the gulf without license, was assailed by the Venetian general, who sunk divers of their vessels, and, compelling the rest to fly unto Valona, he held them there besieged, although the same city and port, whereon it stands, be under the jurisdiction of the grand signior. And, notwithstanding that a great and dangerous war was likely to ensue thereupon, betwixt the grand signior and the republick, because the Venetian general, being not content to have chaced them into their own ports, did, moreover than that, sink their vessels, and, landing his men, slew divers of their mariners, who had escaped his fury at sea; yet, after that, a very honourable peace was concluded again betwixt them, wherein, amongst other things, it was agreed, that it should be lawful for the Venetians, as often as any Turkish vessels did, without their license, enter the gulf, to seize upon them by force, if they would not otherwise obey: And that it should likewise be lawful for them so to do, within any haven, or under any fort of the Grand Signior's, bordering on any part of the Venetian gulf.

In the year 1630, Mary, sister to the King of Spain, being espoused to the emperor's son, Ferdinand, King of Hungary, the Spaniards designed to transport her from Naples, in a fleet of their own. The Venetians suspected that they had an intention, hereby, to intrench upon, and privily to undermine, by this specious precedent, that dominion of the sea, which the signiory had continued inviolate time out of mind; and that they took this opportunity, when Venice was involved with a war abroad, and infested with the plague at home, and therefore not in a condition to oppose their progress. The Spanish Ambassador acquainted the state, that his master's fleet was to convoy the Queen of Hungary, being his sister, from Naples to Triesti. The duke replied, that her

majesty should not pass, but in the gallies of the republick. The Spaniard repined thercat, pretending that they were infected with the plague. The senate, being consulted, came to this resolution: That the sister of his Catholick Majesty should not be transported to Triesti, any other way, than by imbarquing on the Venetian gallies, according to the usual manner of the gulf; and that, if the ambassador would acquiesce herein, her majesty should be attended, and used with all that respect and deference, which became her quality: But, if she proceeded in any other way, the republick would, by force, assert her proper rights, and attack the Spanish navy, as if they were declared enemies, and, in hostile manner, invaded them. Whereupon, the Spaniard was compelled to desire of them the favour to transport the queen in their gallies, which Antonio Pisano did perform with much state and ceremony; and the courtesy was acknowledged, by solemn thanks, from the court of the Emperor, and of Spain.

Joannes Palatius doth furnish me with many more cases, wherein the Venetians have practised immemorially, and foreign princes approved of their sovereignty of the Adriatick sea; and, had our nation been hitherto as prudent, in the perpetual vindication of their rights, as that republick, his majesty had not been put to this trouble, nor his subjects endangered, as they are, by this war with Holland. Howsoever, it is manifest that they did always, immemorially, challenge the dominion of the British seas, and have never abandoned that regality; but, so as to preserve their right unto it, by the exercising of several acts, that result from the intire dominion of the said seas.

1. As to that universal dominion, which is inferred from the protection of the seas, it is evident that our admirals, by their commissions, have ever been charged with the guardianship and protection of the said seas; and they were stiled, of old, Guardians of the seas, the denomination of Admiral is more modern. But, with the name, their power and instructions were not varied, they being still designed pro salvá custodia & defensione maris. And there was a particular tax raised on every hide of land in this kingdom, called Danegeld; at first exacted by the Danes, in lieu of their protection of the said seas, and continued, after their ejectment, by our English kings, before and since the conquest, unto the reign of king Stephen, and Henry the second, for the guardianship of the seas; and, after that the Danegeld was abolished, several lands were charged particularly for the defence of the seas, and subsidies have been demanded of the people to the same purpose.

2. As to that dominion of the sea, which is exemplified by acts of jurisdiction, it is manifest that the English have been, immemorially, possessed thereof. Thus Edward the first made laws, for the retaining and conserving of the ancient superiority of the sea of England, and for the maintaining of peace and justice amongst all people, what nation soever, passing thorough the sea of England ; and to take cognisance of all attempts to the contrary in the same, and to punish offenders, &c. In the like manner did his royal

predecessors. And the so famed laws of Oleron (an island seated in Aquitaine, at the mouth of the river Charente) were published in that isle, by King Richard the first, as sole ruler and moderator of sea-affairs; which hold in force to this day, and are the laws of our Admiralty. And this dominion is further elucidated from hence, that our kings, (as appears by the parliamentary records of king Richard the second) imposed a tribute, or custom, upon every ship that passed thorough the northern admiralty; which stretched itself 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 only upon the ships of such merchants and fishermen, as were English, but upon any foreigners whatsoever; no otherwise, than a man, that is owner of a field, should impose a yearly revenue, or rent, for the liberty of thorough-fair, or driving of cattle, or cart, thorough his field; and if any were unwilling to pay the said tribute, it was lawful to compel them, there being certain officers, that had authority to exact it, having the command of six ships, men of war. The original record is penned in the Norman language (as were almost all records of Parliament in that age) and is thus Englished:

This is the ordinance and grant, by the advice of the merchants of London, and other merchants towards the north, by the assent of all the Commons in parliament, before the Earl of Northumberland, and the mayor of London, for the guard and tuition of the sea, and the coasts of the admiralty of the north, with two ships, two barges, and two ballingers, armed and fitted for war, at these rates following:

First, To take of every ship and barque, of what burden soever it be, which passeth thorough the sea of the said admiralty, going and returning, for the voyage, upon every ton six-pence. Except ships laden with wines, and ships laden with merchandises in Flanders, which are freighted for, and discharged at London; and ships laden with wools and skins at London, or elsewhere within the said admiralty, which shall be discharged at Calais; which ships the guardians of the said sea shall not be bound to convoy, without allowance.

Item, To take of every fisher-boat, that fisheth upon the sea of the said admiralty for herrings, of what barden soever it be, for each week, of every ton six-pence.

Item, To take of other ships and fisher-boats, that fish for other kinds of fish upon the sea, within the said admiralty, of what burden soever they be, for three weeks, of every ton six-pence.

Item, To take of all other ships and vessels, passing by sea, within the said admiralty, laden with coals from Newcastle-uponTine, of what burden soever they be, for a quarter of a year, of every ton six-pence.

Item, To take of all other ships, barques, and vessels, passing by sea, within the said admiralty, laden with goods, of any merchants whatsoever, for Prussia, or for Norway, or for Scone, or for any other place in those parts beyond the sea, or for the voyage, going and returning, every last six-pence.'

The imposition here laid upon all fishers that took herrings, or other fish, upon the sea, within the northern admiralty, sheweth the antiquity of the right his majesty hath unto that regality, within the British scas; but the benefits, accruing to the crown from this specialty of the maritime dominion, were not always raised in one and the same manner. In the ordinance aforesaid, the fishermen purchase their liberty of fishing, by a sum of money to be paid weekly. At other times I read, that the Hollanders and Zealanders, every year, did repair to Scarborough castle, and there, by ancient custom, obtained leave to fish, which the English have ever granted them, reserving always the honour and privilege to themselves. Amongst the records of the time of Edward the First, there is an inscription, Pro hominibus Hollandiæ, &c. For the men of Holland and Zealand, and Friesland, to have leave to fish near Jernemuth; and that king's letter for their protection is extant. And if we do not continually read of special licenses granted to foreigners, in reference to the fishery; the reason is, because, by the leagues that were made with the neighbouring princes, a license or freedom of that kind, as also of ports, shores, passages, 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 common field, as well for the foreigner that was in amity, as for the King of England himself, who was lord and owner. But yet in this kind of leagues sometimes the fishing was restrained to certain limits; and the limits related both as to place and time; so that, according to agreement, the foreigner in amity might not fish beyond these limits; the King of England retaining absolute dominion over the whole adjoining sea. Thus, by an agreement betwixt France and England, the French are excluded from that part of the sea, which lies towards the west, and south-west, and also from that which lies north-east of them; but permitted freely to fish throughout that part of the sea, which is bounded on this side, by the ports of Scarborough and Southampton, and on the other side by the coast of Flanders, and the mouth of the river Seine; and the time is limited, betwixt autumn, and the calends of January following. But in the league of mutual commerce, betwixt Henry the Seventh, and Philip, Duke of Burgundy, &c. Earl of Holland and Zealand, A. D. 1:59. Chap. 14. it was agreed, that the fishermen of each part, of what condition soever they be, shall sail and pass freely every where, and fish securely, without any impediment, license, or safe-conduct. From the which leagues, it is a genuine inference, that his majesty hath the dominion of the seas, as to fishing, and that the liberty thereof is not to be ob. tained but by license, or compact, wherein the general emolument, arising from the league, supplieth the advantage that would otherwise accrue from particular licenses. It being thus evinced, that the sovereignty of the English seas, as to the fishing, doth appertain unto his majesty, I proceed to Scotland, where I find the same power invested in the crown thereof; so that the right of his majesty, unto the fishing there, is as unquestionable as his succes

sion to the kingdom. I have not read in the Scotch laws, that ever there were licenses given to any for fishing; but every fisher, as well foreigner, as native, was to pay an assize-herring unto the king, and this assize-herring is an unalterable regality of that king.

Jacobi 6, p. 15. c. 237.

It is statute and ordained, that all infestments, and aliena. tions, in few-firme, or otherwise, and all rentalls, assedationes, and dispositiones quhatsumever,, in all time by gane, and to cum, of the assise-herring, is null, and of nane availe: Because the said assise-herring perteinis to our sovereigne lorde, as are part of his custumes, and annexed property.'

Concerning the nature and antiquity of the assize-herring, I find this most authentick account, given by Mr. John Skene, clerk of the king's register, council, and rolls, in a treatise, De Verborum Significatione, annexed to the laws of Scotland, and printed at Edinburgh, A. D. 1597. Cum privilegio regali.

'Assisa Hulecum, the assize-herring, signifies ane certaine measure and quantity of herring, quilk perteinis to the king, as ane part of his custumes, and annexed propriety. Jac. VI. p. 15. c. 237. For it is manifest, that hee shuld have of every boat, that passis to the drave, and slayis herring, ane thousand herring, of ilk tak that halds, viz. of lambmes tak, of the winter tak, and the lentrone tak.'

What dues and customs the kings of Scotland had upon other fish, I know not; but that he did exact some, and exercised the dominion of the sea, in reference to the fishing there, is apparent by these laws, ordaining,

That all manner of fischeres, that occupies the sea, and utheres persons quhatsumever, that happenies to slay hering, or quihtefish, 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 kingdome, quhuirby his majesties custumes bee not defrauded, and his Ilienesse Lieges, not frustrate of the commodity appointed to them by God, under the paine of confiscation, and tynsell of the veschelles of them that cumes in the contrair thereof, and escheating of all their movable guddes to our soveraigne lord's use.'

In this condition were the rights of the fishing, until the Dutch did advance themselves to that height and puissance, that they esteemed themselves able to infringe them, and such was their covetousness (which prompts them, that are infected therewith, to value the smallest and most unjust gains) that they determined to do it.

In the year 1594, James the sixth, king of Scotland, apprehending the growth of these Netherlanders, and their influence upon the English nation, by reason of the multitudes of our nobility and gentry, which resorted thither into the armies, and being desirous to fortify by all possible means his right of succession to the crown of England, invited the states to be god-fathers to his son, Prince