View of the Admiral Jurisdiction, Chapter 2
CHAP. II.
The Original of Navigation, and the Sea-Laws; with the Antiquity of the Office of Admiral in the Tranſmarine or Foraign parts of the World.
THE World was no ſooner Created, but Man had Dominion over the Fiſh of the Sea Jure Divino, which could not well be Gen. 1. 26.without Naval Architecture, and ſome skill in the Art of Navigation; And it is now no leſs then nigh 3952 years ſince Noah, that Totius orbis Thalaſſiarchus, or high Admiral of the whole world in that general Cataclyſme, with his ſhip, or veſſel called the Ark of Gopher, laden with a Cargo of Gen. 6. 14. & 7. 24. & 8. 3, 4. The Antiquity of Navigation.the whole Ʋniverſe, after a nigh ſix moneths Voiage ſafely arrived at Ararat, his Port of Diſcharge in Armenia; which though re-peopled by his Progeny, yet thence to believe and affirm, aFazel. li. 1. Decad. 2. Rer. Sicul. & Moriſot. Hiſt. Orb. Marit. l. 1. c. 1.That by Naval Acquiſitions his ſon Sem proprietated all Aſia, his ſon Japhet all Europe, and his ſon Cham all Africa, is more then a meer Hiſtorical Faith hath ſufficient warrant for, though leſs then Navigation hath Antiquity to poſſibilitate.
Whether Jupiter King of Crete, now the Iſle of Candie, did purge the Seas of Pirats, and his ſon Minos by Sea-fights beat the Athenians into Tributaries, is alſo a queſtion more ancient then certain, or eaſie to be reſolved; bSabellic. Aenead. 1. l. 1. & 4. Plutarch. in Theſeo.yet that Theſeus ſon of Aegeus, King of Athens, vanquiſhed Taurus then high Admiral to Minos, is aſſerted by good Authority, cThucid. l. 1. c. 1.and drowned him in the Sea, hinc Fabula Minotauri. dMoris. Ubi ſupra.But the Maſter or Steerſman of Theſeus his ſhip, not remembring to advance or diſplay the White Eagle as the Enſign of Victory at his approach on his Arrival to Crete, his Father Aegeus betwixt fear and fury caſt himſelf headlong into the Sea, which gives it the name of the Aegean Sea in the Archipelago to this day. In thoſe days lived Daedalus, who to avoid the Tyranny of Minos fled, from Crete into Sicily, but the wings wherewith he is feigned to have fled, the more modeſt Mythologiſts expound to be only the Sails of his ſhip. eGreg. Gemiſt. lib. 1. Rer. Graec.Some are of opinion that former Ages were ignorant of this Art of Navigation, for that they ingraved Non ultra upon Hercules Pillars: The Nations about Pontus ſuppoſing no Sea in the world like their own, and doubting whether there were any other Sea then that only; whence Pontus became a word uſed for the Sea in general; though Prometheus according to Aeſchilus the Attick Poet doth challenge all the glory of this Art of Navigation to himſelf; whom, among others who boaſted themſelves as The Antiquity of the Sea-Laws, or Laws of the Admiralty.Authours of this Art, the Rhodians envying, preſumed to give Laws, and to preſcribe the Rules of Naval Diſcipline, in order to the better government of Maritime affairs, fLeg. Rhod. in Leunela. Jus Graec. Rom. Tom. 2.which were now occaſionally introduced into the world by this Art of Navigation; which Laws are found diſperſed among the ſeveral Titles of the Civil Law by command from the Emperour Juſtinian.
This Iſland of Rhodes in the Mediterranean or Carpathian Sea, was by reaſon of the multitude of their ſhipping and great commerce, gGloſs. mag. in l. 1. ff. Ad Leg. Rhod. & in Decre. diſt. 2. c. Rhodiae.no leſs famous for their Sea-Laws, then for their Monſtrous Coloſſus; The one was no leſs the Wonder of Reaſon in the infancy of Trade, then the other of Art, though That the greateſt of the Seven in all the world; This appears by that memorable and known paſſage of the Emperour Antoninus Pius, who in Anſwer unto Eudemon's complaint concerning the ſeizure of his ſhip-broken goods by the Cuſtomers of the Cyclides in the Archipelago, referres him for Juſtice to the Rhodean Laws, profeſſing that although he were Lord of the World, yet the Law was of the Sea. hL. depraedatio. ff. Ad Leg. Rhod. & Le. unclavius. Ubi ſupra, in Leg. Rhod.To which Rhodian Law ſeveral other Emperours, as Tiberias, Hadrian, Veſpatian, Trajan, Lucius Septimius, Severus and others do referre all Maritime Controverſies; iLeuncla. in prin. LL. Rhod.yea, for many hundred of years the Mediterranean and moſt parts of the Chriſtian Ocean, where any Traſſick or Commerce was, ſubſcribed to the Law of Rhodes in the Deciſion of all matters of Admiral Cognizance.
But ſome there are who by no means will admit that the Rhodians ſhould thus Monopolize the glory of advancing the Common Intereſt of Mankind, as if the Law of the Sea was born into the world only by their Obſtetricy; and therefore will have the Origination of the Sea-Laws attributed to the Phaenicians; who as they are by ſome accounted the Authors of Arithmetick and Aſtronomie, ſo alſo of Navigation; whence is that, Prima ratem ventis credre docta Tibullus.Tyrus. They were the Firſt that took the obſervation of the North-ſtarre in ſupplement of that Navall myſtery. Theſe Phaenicians, who came with Cadmus into Greece, as they Civilized, the Graecians by their Sciences and other Literature, lHerodot. Terpſi.ſo they exceedingly debauch'd them by their Luxurie, and inſatiable avarice, which together with their Wares and Merchandiſe they firſt imported into Greece. mDiodor. l. 5. c. 15.Theſe were they that tranſported Io (whence the Ionean Sea is ſo called) out of Greece into Aegypt; and were the Firſt that deſcryed the Two Poles. nMoriſor. in Orb. Marit. l. 1. c. 1.This Phoenicia is the Sea-Coaſt of Syria, oStrabo l. 16.The Greeks call this Sea-Coaſt Phoenicia, but the Hebrews call it Chanaan, and the Inhabitants Chananites. pAndr. Maſius in Joſ. 5.Dionyſius alſo is of opinion that the Phoenicians were the Firſt Mariners, Merchants, and Aſtronomers, qDionyſ. Afric. in verſ.and Tyrus the Maritine Metropolis thereof; whoſe Trade and Commerce was ſo great and remarkable in that Aera from Adam, and conſequently her Pride and Luxurie, that Leſs then Two whole Chapters of the Sacred Record will not ſuffice Ezek. cap. 26. 27.to deſcribe the vaſtneſs of the one, and the Judgments of the other. This City Tyrus is there ſtyled a Merchant; All whoſe cap. 27. v. 3.Ships were made of Firre, their Maſts of Cedar, their Oares of Baſhan Oke, the Hatches of Ivory, the Waſt clothes, Vanes, Flaggs, and Pendants of Purple and Scarlet, the common Mariners were the Zidoneans cap. 27. ver. 5, to 9.and Inhabitants of Arvad, their Calkers were the Ancients of Geball, and their Steers-men or Pilots where the wiſe men of Tyrus.
To theſe may be added the Inhabitants of Caria in Aſia Minor, for it is upon good Records of Hiſtory that theſe alſo were anciently reputed Lords of the Sea; as alſo the Inhabitants of Corinth; Likewiſe the people of Aegina, one of the Iſles of the Cyclades and of Aegypt; All theſe reſpectively have challenged to themſelves this honourable invention of the Art of Navigation. rHerodot. l. 1. & Plin. l. 5. c. 5. & 19. & Athenaeus Deipn. l. 1.But the Firſt that invented Ships on the Red Sea & ſailed thereon, is ſaid to be King Erythrus, whence the Red Sea took its name of Erythreum Mare.sMoriſot. ubi ſupra. The Egpptians uſed to coaſt the ſhores of the Red Sea upon Rafts, divided by King Erythrus.
There are others who aſcribe this Art of Navigation to the Carthaginians; tPlin. Nat. Hiſt. l. 7.This ſeems to have more then fumum probationis in it; for that theſe Poeni or Carthaginians originally were Phoeni or Phoenicians, uDom. Nig.it is moſt undeniable that their Naval Diſcoveries attempted by Hanno, wRamus.by Hamilco, and other Carthaginians are no leſs famous upon Hiſtorical Record, xDiodor. Sicul. l. 5. c. 7. Gen. Chron. & Dom. Nig.then their Three great though unfortunate Bella Punica Maritima, when Hannibal himſelf was Lord high Admiral, which began in the 158 Olympiad, and concluded with the ſad Cataſtrophe of that famous City of Carthage, then 700 years old, in the laſt year of the 158 Olympiad, yMoriſot. Orb. Marit. l. 1. cap. 16. & Polyb. Plin. Aurel. Victor. Livie, Sabel. Ennead. Val. Max. Sigon. Lucius Florus, & alii.whereby Rome by her Conqueſts loſt the glory of a Competitor for the worlds Empire.
Now when the Roman Empire (which is ſo commonly miſtaken for the Beaſt with ten horns, mentioned in the Prophet Daniel, Dan. 7. 7, 19, 20.with Teeth of Iron, and Nails of Braſs; which in truth is meant of the Syrian Monarchy under the Seleucidae, ſo called from Seleucus Vid. Annot. in Dan. per Theolog. Conv. Edit. an. 1651.Nicanor) was ſhattered and dilacerated, whereby a very dark and diſmal Eclipſe enſued generally on all Laws, Neceſſity then, which hath no Law, occaſioned new Laws, and bad manners at Sea begat good Laws on Land, yet not ſo much a Creation of new Laws that never were before, as a Reviver or Reſurrection of the former out of the Cinders of that fallen Empire, together with ſuch Additionals as Time, Experience, and Negotiations had adminiſtred occaſion for, eſpecially to ſuch parts of the world as by their Neighbourhood to the Sea were moſt converſant in Naval Expeditions and Maritime affairs. Hence it is, that in ſupplement of the forementioned Sea-Laws all the chief Towns of Commerce and Traffick on the Mediterranean contributed ſpecial Sea-Conſtitutions and Ordinances of The Readers of the Lecture for the Art of Navigation at Sivil have publiſhed divers Treatiſes concerning Marine Cauſes, viz. Hieronymo de Chavez. Alonzo de Chavez, & Rodorigo Zamerano.their own for the better regulation of all Maritime Occurrencies; Such were the Sea-Laws publiſhed by divers Emperours of Rome, alſo by the Inhabitants of Piſa, by the Genuiſes, by thoſe of Meſſene in Peliponeſus, of Marſelleis, Venice, Conſtantinople, Arragon, by the Maſſilites, Barcelonians and others. zConſul. del mare.As alſo the Laws, of Oleron, nigh 500 years now Received by moſt of the Chriſtian world, ſpecially the Mediterranean, as the Legal Standard of all Naval Diſcipline, and for Deciſion of all Maritime Controverſies; For the Rhodian Laws being grown ſomewhat Superannuated and obſolete, theſe Laws of Oleron ſucceeded the other, and were publiſhed in that Iſle, then belonging to the Dutchy of Aquitane, by King Richard the Firſt, at his Return from the Holy Land in the Fifth year of his Reign, the ſaid Iſle at that time being under the Dominion of the Kings of England.
As to the Original of the Soveraign Command at Sea in the Infancy of Time (though very uncertain) yet divers Nations, among which chiefly the Aſſyrians, Macedonians, Perſians, Egyptians, Romans & Carthaginians have aſcribed it to themſelves; But the Greeks confidently aſſert, that Minos King of Crete had the firſt Soveraign Empire over the Sea, and thence would fain have it over our Faith alſo, as if Saturn King of Crete, ſeeing his ſon Neptune to have invented the Art of Navigation, gave him the Command of his Navies at Sea, which he managed with ſuch ſucceſs, that after-Ages ſacrificed to him as to a God of the Sea; So that Minos being deſcended of Saturn by his ſon Jupiter, having afterwards obtained the Superintendency and Guard of the Seas, left it to his Succeſſours. Notwithſtanding which, the Syrians, Egyptians, Cyprians, Rhodians, but ſpecially the Phoenicians have in all former Ages had the honour of being reputed the moſt valiant and expert Artiſts at Sea in Maritime affairs, and that from the excellent Conduct and Government of their Navies beyond all other Nations and Countries whatſoever. But the Corinthians are ſuppoſed to be the firſt that ever formed or modelled Navies at Sea in a Claſſical way.aThucid. Libanius, celſ. Rhod. 21. c. 3.
The Athenians had two chief Magiſtrates for the Maritime affairs; The one was to provide ſuch a number of ſhips for this or that deſign, each Captain having in charge to ſee to the Equipping of his own veſſel. Theſe Captains they called Trierarchy. The other had power of ſetting them to Sea, and of ordering them home again at his pleaſure, whom they called Magiſtratus rei Nauticae Iurisdictionem habens, qui Trierarchis jura reddebat, and ordered the ſeveral Squadrons to ſuch or ſuch ſtations and places of Rendezvous, and diſcharged them as he thought fit. This was That Thalaſſiarchus, or Admiral of the Athenians, bHerod. 6. Thucid. 4. & Demoſth. pro Cleſiph.who ſometimes had more Admiral's then one at once, as Niceas and Demoſthenes; at other times but one only, as Alcibiades, Pericles, Simon and others. Likewiſe under Alexander the Great and his Succeſſours, Kings of Syria and Egypt, there were divers Admirals, whereof ſome were Grecians; others of other Countries, ſuch were Nearchus, Oneſicratu…, Beton, Diognot and others; As alſo Patroclus, under Nicanor and Seleucus of the Syrian Monarchy; But moſt Memorable is that Commiſſion which was by Ptolomeus Philadelphus given to Decearchus, as if he had been to take an exact meaſure of the Circumfercnce of the whole world by a Line of Navigation.
Among the Phoenicians, the Tyrians and Zidonians were the moſt eminent in all Maritime affairs, as was formerly hinted. Theſe not only tranſported from place to place varieties of Merchandizes till then unknown to other parts of the world, but alſo made divers new Diſcoveries, and planted Colonies therein, as at Ʋtick, Hippone, and Lepte in Africa; at Thebes in Greece and Egypt; and at Gades and Carthage, that Carthage which is in Spain; But of all Africk, the other Carthage, once Lord of the Levant, the chiefeſt for Sea-affairs; whoſe Admiral Hanno by order of the Senate diſcovered the utmoſt Coaſts of Africk, even to one degree of the Aequinoctial; And their other Admiral Hamilco diſcovered all that part of Europe, which till then lay as ſub-incognito to the Carthaginians.
In the Eaſtern Empire he that was high Admiral was ſtyled Drungarius, as Drungarius Navigiorum Conſtantinopoli; Drungarius Claſſis; Drungarius mari Praefectus; Drungarius Magnus. cMoriſ. Orb. Mar. l. 2. c. 5. ubi Zonarus, Codinus, Bulenger. Imp. Rom. l. 4. c. 35.Although ſome are of opinion that this was a general word with them, or a word which ſignified Generals as well by Land as by Sea, Qui Drungis, hoc eſt, globis militum imperabant. dVopiſcus.This Magnus Drungarius Claſſis was a ſubordinate Officer or Naval Magiſtrate under their great Duke, eCuropalates in Official. Aulae Conſtant. vixit an. cir. 1059.and was alſo ſtyled Ameralius, which with them was likewiſe a Common Appellation for Terrene Princes; Thus the Tyrant of Babylon was called Amiralius; fHuntindon. qui ſub Steph. Reg. 1148. floruit & Sigeberti Auctuar.Thus Huntindon ſpeaks of twelve Amiralios Paganorum, that were ſlain at the Siege of Antioch. Thus Matth. Paris in Will. 2. ſpeaks of 29 Reges & Amiralios at once appointed for the Warres by Corbaranus. Thus Robert the Monk gRupertus aliis Robertus Monachus vixit An. 1095. Hiſt. ſuae de Bello Saracenico, l. 4. Theſe are the ſame twelve Amiralios mentioned by Huntindon.makes mention of the Son of Caſſianus King of Antioch, and twelve Admiraldi of the King of Babylon ſlain in battel, whom with an Army he had ſent to aid the ſaid King of Antioch. Thus the Agents or Ambaſſadours of the the King of Babylon ſtyled the ſaid King himſelf Admiraldum. hRobertus, ibid. l. 5. in prin. & Turpinus Archiep. qui floruit an. 803. lib. de Geſt. Caroli Mag. cap. 17. [Si illus ſit] ſays the Learned Sir H. Sp. in his day, and we in ours.Dominus noſter Admiraldus Babyloniae, mandat vobis Francorum Principibus Salutem. Thus Nabuchodonoſor King of Babylon was ſtyled Admiralius. iAuth. Fra…. Hiſt. Aquitan.Thus we alſo find a Chieftain of a Bow-Militia ſtyled Arcubaliſtariorum Admiralius. kMonſtreletus.So that anciently this word Ameralius or Admiralius did ſignifie as well the Commander in chief of the Armies by Land as of the Navies by Sea, and ſometimes the office or dignity of Kings and Princes or other Soveraigns of Supreme Authority; but this you are to limit only to the Turks and Aſiaticks.
Again, In the Eaſtern Empire there were no leſs then Four Admirals or Amiraei (there properly ſo called) at once, for that Mahomet or rather Muhammad appointed Four Praetors in the Kingdome of the Sarazens which were called Ameraei. lSigebert. in ſuis Chron. an. 630. Chro. de Flandr. c. 16. & 46.And that Muhamed a little before his death conſtituted Four Ameraeos, qui debellarent omnes ex genere Arabum Chriſtianos. mTheophanes. in Chronico, à Mourſio citatus.Theſe Four Ameraei were alſo called Quatuor Admirantes. And of theſe Four Admirals with the Sarazens, the one had the Sea-Command of Egypt and Africa; two others thereof divided the Spaniſh Coaſts betwixt them; and the Fourth had Paleſtine and the Coaſts of Syria. But many are of opinion that before Charlemaigne the Sarazens had but one Admiral, viz. Addala: after him Aron; and after him Mabarmad: which Charlemaigne having war with his Brother Haldala, and being more then half conquered by him, condeſcended that the Sarazens ſhould have two Admirals for one. And Turpin, who was Secretary to the ſaid Emperour Charlemaigne, acquaints us with an Admiral of Babylon, vvho came to the ſuccour and relief of the Sarazens of Spain againſt the French; as alſo of another Admiral, viz. Galaffre, a very potent Favorite with the ſaid Emperour.nTurpin. Hiſt. de Charlemaigne, cap. 17. & 20.
Under the Roman State, when Pompey banded with Caeſar for the Soveraignty, there were ſeveral Admirals, well nigh as many as the Nations were which aided either party with Shipping, as the Egyptians, Aſiaticks, Rhodians, Syrians, Achaians, and others, over whom M. Bibulus was Lord high Admiral. But when the Government was reduced to an eſtabliſhment, the Admiralty was ſetled alſo; which not long after was again divided into two parts, for there was one Admiralty at Miſene and the adjacent Po…s for the South; another at Ravenne towards the Eaſt; which two for diſtinctions ſake they called the High and Low Seas; each whereof was under the Command of his proper Admiral, whom they called Praefectus Claſſis, as the Captains of their Ships were known by the ſtyle of Navarchi.
It is alſo evident that in the Roman Empire there was anciently a Company or Society of Owners and Maſters of Ships, as alſo of Merchant-Adventurers at Sea in the Iſle and City of Rhodes, which above all other places in the world had once the Prerogative in deciding all Maritime Controverſies; Inſomuch that the Emperour Antoninus, who though Imperious enough in ſtyling himſelf Totius mundi Dominus, yet in all Nautical Controverſies ſubſcribed to the Rhodian Law, acknowledging that though himſelf was Lord of the world, yet the other was of the Sea. oL. 9. Depr… catio, Di…. …d Leg Rhod. de Jact….There were alſo very Ancient Laws made and publiſhed by thoſe of Rhodes, who were moſt exp…rt at Sea, as well touching Navigation, as Merchant-affairs, where the uſe thereof was of no leſs Conſequence unto, then of Antiquity in that Mediterranean Iſle pC. Rhodiae, 2. Diſtinct.The Aſſertions upon Hiſtorical Record touching the Excellency of their Sea-Laws, their incomparable skill in Navigation, and the Trophies of their Naval Victories are almoſt incredible. qAul. Gell. l. 7. Noct. Attic. cap. 3. & Fred. Pruckman in ſect. Soluta Poteſtas, cap. 3. nu. 134. uſque ad nu. 149. p. 186.But this ſo famous Iſle being at length reduced from the glory of a Splendid to the Eclipſe of a Decaied Merchant, by reaſon of the many irruptions and incurſions made thereon by ſeveral Nations, ſpecially by the Turks, a little before the Reign of Charles the Great, (when about the ſame time the Turks alſo poſſeſſed themſelves of ſeveral other Iſles in the Mediterranean) the Gallantry of the Rhodian Navies ſoon after vaniſhed; which at length (as ſome German Authours would have it) was thence tranſlated to the Oriental Ocean or Baltick Sea; For that Wisby in Gotland anciently preſcribed the Sea-Laws to Merchants and Mariners; whereunto (as afterwards to Lubeck) the Neighbouring Cities did uſually appeal in all affairs of Maritime Cognizance.
The word Admiralius from the Eaſtern Empire was firſt tranſported into Italy and Sicilia, thence into France, and from thence into England. The firſt high Admiral in France (as ſuppoſed) was one Rutlandus, ſo called by Aeginardus in the Life of Comes Maris.Charles the Great; others called him Rolandus; he was Conſtituted high Admiral of France about the time of King Pipin or Charles Martel. rMoriſot. Orb. Mar. l. 2. c. 7. in prin.Yet others are of opinion that the office of Ameral, that is, Admiral, was known to the French firſt in the daies of Lewis the ſeventh, from whoſe time till Philip the fourth there was only one Admiral; After that, there were two Admirals in France at the ſame time. sIdem l. 2. c. 9. in prin.And afterwards more then two at one and the ſame time, each dividing his Juriſdiction according to the Coaſts of their ſeveral Provinces reſpectively. tBernard. Girard. de Stat. & Succeſ. rer. Galliae l. 4. 2. Calais. Admirallus ſeu Comes maris in Gallia, poſt Coneſtabilem praefertur.This high Officer L' Ameral in point of dignity is next to the High Conſtable of France. Anciently there were three Admirals in France: one in Aquitane, another in Brittany, and the other was Generalis in Francia; which three are now reduced to one, who doth exerciſe his Juriſdiction at the Marble Table in Palatio Pariſienſi. And whereas it is by ſome ſuppoſed that Rutlandus alias Rolandus (as aforeſaid) in King Pipins daies was the firſt Admiral of France, yet the more probable opinion is, that either Enguarrantus An. cir. 1280.Dom. de Cauſy in King Philip the third's time; Or Americus Vicount of Narbone in King Johns time, was the firſt that ever had the honour of that high An. cir. 1356.Office in the Kingdome of France.