Dominium Maris: OR, THE DOMINION OF THE SEA.  
Expressing the Title, which the Venetians pretend unto the sole dominion, and absolute sovereignty of the adriatic Sea, commonly called The gulf of Venice.  
Manifested in a Pleading, or Argument, betwixt the republic of Venice and the Emperor Ferdinand.  
Whereby is sufficiently proved, That the Sea as well as the Land, is liable to the Laws of propriety, and may bee brought under the jurisdiction and protection of particular Princes and States. contrary to the assertion of those, who affirm, the Sea to bee free, and under the dominion of no man.  
Translated out of Italian.  
 printer's or publisher's device  
LONDON, Printed by William Du Gard. An. Dom. 1652.   

An Advertisement to the Reader.  
I Thought it fitting not to instruct, but rather to remember the Reader, that this Sea, over which the Venetians challenge sovereignty and Dominion, being commonly called the gulf, is nothing else but a large bay or inlet of the sea, which entering in betwixt two lands; and severing them for many miles continuance, in the end receiv's a stop or interruption of further passage, by an opposite shore, which join's both the said lands together. It is called the gulf of Venice, from the city of Venice, situated upon certain broken Islands near unto the bottom thereof. It is also called the adriatic Sea, from the ancient city of Adria, lying not far distant from the former. From the entrance thereof unto the bottom, it contein's in length about 600 Italian miles: where it is broadest it is 160 miles ever, in others but 80, in the most 100. The south-west shore of it is bounded by the Provinces of Pugha, and Abruzzo in the kingdom of Naples, the Marquisate of Ancona and Romagnia in the Pope's State, and the Marquisate of Trevisana in the Venetian State. The North part of it, or bottom, hath Friuli for its bounds, the northeast is limited by Istria, Dalmatia, Albania, and Epirus: whereof Istria doth not so entirely belong unto the Venetians, but that the Arch-Duke of Gratz of the Austrian family, who at this present is Emperor, doth possess divers maritime towns therein. In Dalmatia, saving Zura, Spalato, and Cattaro, they have nothing of importance, the rest belonging to the republic of Ragusa, and to the Turks. In Albania and Epirus, they possess nothing at all, it being entirely the Turk's. So that he, who shall examine the circuit of this sea, which must contain above 1200 miles, shall find the shores of the Venetian signory, not to take up entire 200 of them, omitting some scattered towns and dispersed Islands, lying on the Turkish side of the adriatic shore. For the securing hereof from the depredation 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 such ships, as navigate the same, to go to Venice, and there to pay custom and other duties, the republic maintain's continually in action a great number of ships, gallies and galliots, whereto they also add more, as there may bee occasion, whereof some lye 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 iceland of Corfu, and in that of candy: in the first of which commonly reside's the Captain of the gulf, whom they call by the name of Proveditor, or Provisor general, whose office it is to secure the Navigation of the gulf not onely from the Corsari or Pirates, but to provide that neither the gallies nor ships of the Pope, the King of Spain, or great Turk, do so much as enter the same, without permission of the signory, or republic, and upon such conditions as best pleaseth them; which they are so careful to effect, as in the year 1638 the Turkish fleet entering the gulf without licens, 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, bee under the jurisdiction of the Grand signior And notwithstanding that a great and dangerous war was likely to ensue thereupon, betwixt the Grand-Signor and the republic, because the Venetian General, being not content to have chased them into their own Ports, did moreover then that, sink their vessels, & landing his men, slay divers of their mariners who had escaped his fury at sea: yet after that a very honourable peace was again concluded betwixt them, wherein, amongst other things, it was agreed, that it should bee lawful for the Venetians, as often as any Turkish vessels did without their licence enter the gulf, to seize upon them by force, if they would not otherwise obey. And that it should likewise bee lawful for them so to do, within any haven, or under any fort of the Grand-Signor's, bordering on any part of the Venetian gulf. Out of all which, when I considered the real and absolute sovereignty, which this republic doth actually enjoy over this sea, which they have ever defended, as well by the sword as the pen; and withal how that some neighbouring Nations of late years, did seem to envy the title of England to the narrow seas, affirming in some of their writings, the Sea to bee free; that it neither ought, nor could bee under the jurisdiction of any; that it was a wild beast which could not bee ruled; that, possessio being Pedis positio, there could no possession bee either taken or kept of it; that the limits thereof, being a fluent element, could not bee scored out, or certainly determined; that it was as free for all mankind to use, & as common as the aër, with many other things to that purpose; I chancing some years past to bee at Venice, upon consideration of the premises, did labour with a great desire, to know the grounds of that title, whereupon the Venetians founded their Dominion of the sea; and after much search, even to the despair of obtaining of it, I happened upon this ensuing argument, containing a Plea or Dispute, betwixt the Austrians and Venetians, touching the Dominion of the adriatic Sea, not fictitious or devised onely to colour the cause, but faithfully transcribed from out the public Registers of that city, which I offer herewith to the Reader in English, and withall these two considerations.  
First, that hereby it will appear, that the Commonwealth of England's challenge to the dominion of the sea, is neither a novelty or singularity; especially, when it is besides most apparent that the King of Denmark, doth not onely pretend to the sovereignty of the Sound, but causeth all such ships as pass through it, to pay what toll he pleaseth. The great Turk prohibit's all Nations, saving his own vassals, to enter the black sea, or Pontus Euxinus; the like he doth to the read sea, which contein's at the least 1200 miles in length, beginning from the favourits of Babelmondel, which give's entrance thereinto, and ending at the tower of Sues, which is seated at the bottom thereof. The King of Portugal opposeth to the utmost of his power, any, but his own subjects to sail into the East Indies, affirming those seas to bee entirely under his dominion, as well by conquest, as the Pope's donation, insomuch, as the smallest vessel, even of the natives of those parts, cannot sail from port to port, without the passport of the Vice-Roy of Goa, or of some other by him deputed thereto, styling himself, amongst other his titles, to bee King of the conquest, navigation, and commerce, or traffic of Aethiopia, Arabia, Persia, India, &c. which hath been hitherto so punctually observed, as no Castilian, or Spaniard, might at any time, or for any occasion, sail into the East Indies, though both those Nations were for many years together united under one King.  
Secondly, if the Dominion of these seas do truly and properly belong to the Commonwealth of England ( as hath been so sufficiently cleared and proved to the whole world, by that learned book entitled mere Clausum) why may not, or ought not the People of England, by all lawful ways procure, that the Dominion of these Seas that so justly appertein's unto them, may be secured from any force, violence, or opposition, how great soever, of their most powerful neighbors; whenas wee see the Venetians to bee so jealous in preservation of the title they pretend to their Seas, as rather then to suffer it to bee in the least sort questioned, they do upon all occasions oppose themselves by force, or otherwise, against the most potent Princes of Europe and Asia. Vale.  
CLAREAMONTOS.   

Dominium Maris: Or, The Dominion of the Sea.  
AFter a long peace, betwixt the progenitors of the Emperor Maximilian the first, and the republic of Venice, in the year 1508, there began certain slight differences, which concluded in a notable, and most memorable war: insomuch as the republic, for 22 years following, were with the said Prince, and with his posterity, for divers respects, sometimes in war, sometimes in peace, and sometimes in truce, until in the year 1529 all differences betwixt them were composed, and a peace concluded in Bolonia, which continued all that age, with the Emperor charles the fifth, together with his brother Ferdinando King of hungary, and Archduke of Austria. But because by the division, made betwixt the said brethren, seven years before, all the Austrian lands which confined with the Venetians, were laid by agreement unto the part which belonged unto King Ferdinand, the confines of which as they had conjuncture with the lands of the republic, were very intricate; and of great difficulty to conclude, unto whether party they did belong, as well for the public reasons of the said Princes, as for those of their private subjects; To end all which in quiet, it was agreed that there should bee an arbitrary Tribunal erected in Trent, for the deciding of these doubts, which in the year 1535, pronounced sentence, whereby all the differences( being more then an hundred) were definitively concluded.  
Here notwithstanding the difficulty ceased not, because some did travers the execution of the sentence, so, as in progress of time, new quarrels did arise from both sides, each one pretending new wrongs offered by the advers party. Whereupon to put an end to all these differences, there was by the common consent, as well of Ferdinando( who succeeded in the Empire by the resignation of his brother) as of the republic, a convention appointed in Friuli 1563, of five Commissaries, one Procurator, and three Advocates, for each part, who should treat of the differences, as well old as new, and should have power to conclude them, under the ratification of the several Princes. And this so great a number of Judges, was desired by the Emperor, the better to give satisfaction to his subjects, of several provinces, interested in the cause.  
Of the Imperial side, the Commissaries were Andrew Preghel a Baron of Austria, Maximilian Dorimbergh, Elenger de Goritia, Stephen Sourz, and anthony Statemberger: the Procurator was, Giacomo Campana, Chancellor of Goritia: the Doctors or Advocates were Andrea Rapicio, Gervasio Alberto, and Giovan Maria Gratia Dei. For the Venetians the Commissaries were, Sebastian Venier, Marino de Cavalli, Pietro Sanudo, Giovan Baptista Contarini, and Augustin Barbarigo: The Procurator was, Giovan Antonio a secretary: the Advocates Marquardo Susanna, francisco Gratiano, and Giacomo Chizzola.  
At this Convention the complaints on both sides were opened, which being argued, and the other public differences partly composed, and partly decided, there was taken into consideration a Petition of the Imperial Procurator, in this form, Ejusdem Majestatis nomine requiritur, ut posthac illius subditis, atque aliis in sinu Adriatico tutò navigare, ac negotiari liceat. Item ut damna, Tergestinis Mercatoribus at queen aliis illata, restituantur. It is required in the name of his majesty, that hereafter it may be lawful for his subjects, and others, to traffic and navigate safely in the adriatic gulf. Likewise that recompense bee made for the damages sustained by the merchants of Trieste, and others. And Rapicio the advocate did accompany this demand with saying; that this was not a cause to bee handled with any subtlety, it being a thing most notorious, that navigation ought to bee free, notwithstanding the subjects of his Majestìe had been constrained to go with their ships to Venice, and there to pay custom, at which his Majestìe was aggrieved, and made instance that it might bee remedied.  
To this Chizzola Advocate of the republic made answer, saying, that it was a clear case indeed, that Navigation ought to bee free, but yet those things, whereat they were aggrieved, were no ways repugnant to this freedom; forasmuch as in countries which are most free, those who have the dominion thereof receive custom, and order by which way all merchandise shall pass; and therefore no body should bee grieved, if the Venetians, for their own respects, did use so to do in the adriatic Sea, which is under their dominion; and he added, that if they intended to dispute of the business in question, he was to advertise them, that this cause could not by any pretense bee brought into judgement, at that convention, which was onely instituted, for the execution of such things as were formerly sentenced and for righting of such new wrongs, which succeeded after the sentence; it being besides a thing most notorious, that the republic, as Lord of the adriatic Sea, did exercise that dominion at the present, which from time out of mind, it had always don, without any interruption, as well in receiving of customs, as in assigning of places for the exaction of it, and that the pretense now alleged was new, and never before used by any predecessor of the Emperor, either as King of hungary, or as Archduke of Austria, or the countries thereto adjacent, or of his majesty then being, for many years, until this present time. he challenged the Imperialists to show, when ever any such thing was before pretended; certainly not before the peace of Bolonia; for then such a difference as this( if there had been any such) had been there determined, or referred over to the arbitrary Tribunal, wherein were handled above 120 controversies, but of this not any mention made, neither, from that time to this, was there any such pretention once set a foot. But if this were a new wrong, succeeding after the sentence of Trent, they should show what it was, and when it had beginning, because he was prepared to show unto them, that any thing concerning the same, was of most ancient use and continuance, without the least novelty in the world; and therefore they ought not to bee heard, who came with demands, which could take no original either from the sentence of Trent, or from any innovation of wrongs succeeding thereupon.  
To this Rapicio replied, thathee intended not to lay his principal foundation upon that, which to all is so well known, which is to say, that the Sea is common and free, and that by reason thereof, not any might bee prohibited, to sail unto any place, which best pleased him: and if any Doctors should happen to say, that the republic hath a prescript dominion over the adriatic Sea, with a long possession, notwithstanding they prove it not: and to Doctors who affirm a thing barely out of fact, without any manner of proof, little belief is to bee given; for which cause, he would not dwell upon that, but would come to his principal reason, which was, that admitting the republic to bee Patron of the Sea, yet the Emperor's subjects might navigate freely by the capitulations, which were established betwixt the Princes on both sides, and therefore the Petition proposed was pertinent to bee handled by the said Convention; to which( he being so required by the Venetians) added this for a foundation, Quia libera navigatio Maris Adriatìcî cum Majestatis suae Caesareae, tum subditorum damno & incommodo, ab Illustrissimi Domini Veneti triremium Praefectis impedita fuerit, contra Capitula Vormatiae, Bononiae, Andegavi, & Venetiis inita: Forasmuch as the free navigation of the adriatic Sea, hath been hindered by the Captains of the Venetian's Gallies, to the loss and prejudice of his Imperial majesty, and of his subjects, against the Capitulations of Worms, Bolonia, Angiers, and Venice. And here he produced a passage of the Capitulation of Bolonia which spake as followeth; Quod communes subditi liberè, tutè, & securè possint in utriusque statibus & dominiis tam terrâ, quàm Mari, morarì & negotiari cum bonis suìs, ac si essent incolae, & subditi illius Principis, ac Dominii, cujus patrias, & Dominia adibunt; provìdiatúrque, nè vis aut aliqua injuria, ulla de causa, eis inferatur, celeritérque jus administretur. That the subjects of either party may freely, safely, and securely abide, and traffic with their goods, in the States and Dominions of one another, in like manner as if they were inhabitants, and subjects of that Prince and State, into whose country or Dominion they do come: and that it bee provided, that no violence or injury, bee for any cause whatsoêver offered them, and moreover that justice be speedily administered. he also recited the capitulations of the truce of Angiers and Worms, and of the peace of Venice, which is not necessary here to repeat, being of the same tenor. he did rest much upon the word liberè, considering that liberè is joined to the word Navigare: by which it ought to bee understood, according to the common construction of law, that every one might navigate freely; but he cannot bee said to bee free, who is constrained to go to Venice. he added moreover, that the word liberè could not bee imagined to bee superfluous, but must of necessity operate something; that the two words, tutè & securè, could import nothing else, but without impediment, or molestation, or paying of customs; to this he added, that there were then 400 complaints of his Majestie's subjects, whose vessels were compelled to go to Venice, and there made to pay custom, for happening onely to arrive in the ports of the Venetians, either by fortune or some other occasion. he red the sentence of a Rector of Liesina, who freed a ship, which touched upon that iceland by chance; and he made a narration, that certain barks with salt were suffered, by the Venetian fleet, to pass upon their voyage, without sending them to Venice. he concluded that his request extended to these three points. 1. That the Austrian subjects might Navigate whither it pleased them. 2. That arriving in any port of the republic, onely per transitum, they should not pay any thing. 3. Lastly, that coming to trade in any of them, they should not pay more, then the subjects of the republic.  
Chizzola answered hereto, promising clearly to solv all the objections introduced by the other, so as there should not remain any place of reply, and to show with true and lively reasons, that what was don by the ministers of the republic in the gulf, was don by lawful authority. And reserving himself, to speak of the Dominion of the Sea afterwards, howsoever presupposing it in the first place, he began with the Capitulations; and first he said, that the word, liberè, was not joined as Rapicio said, to any such word as Navigare, but to the words Morari & negotiari tam terrâ, quàm Mari: and therefore by liberè is to bee understood as the common construction of Law intend's, when one doth either dwell, or do business in the house, or land of another, that is to say, observing the laws, and paying the rights of the country. he added also, that those Capitulations, betwixt the house of Austria, and the republic, were equally reciprocal, and not made more in favour of the Austrians in the State of the Venetians, then of the Venetians in the State of the Austrians; neither was there greater liberty granted to the Sea, then to the Land; and that the words were clear enough, which import, that the subjects on both sides might stay, trade, and merchandise, in the State of one another, as well by Land as by Sea, and bee well entreated; Insomuch as the subjects of the Venetians, were to have no less liberty in the Lands of the Austrians, then the Austrian subjects in the Sea of Venice; And that by virtue of those words, what his majesty would have in the State of the republic, it is fitting that he allow to them in his own State; and if his Imperial majesty within his own State, upon the Land, will not yield that the subjects of the republic shall go which way they list, but constrain's them to pass by such places onely, where Custom is to bee paid, he cannot with justice demand, that his subjects may pass by or through the Sea of the republic which way they list, but ought to content himself, that they go that way onely, which shall best stand with the commodity of those who have the dominion over it; and if his majesty cause custom to bee paid, upon his Land, why may not the Venetians likewise do it, upon their Sea? he demanded of them, if by the Capitulation they would have it, that the Emperor was restrained, or hindered, from taking of custom? and if not, why would they have the Venetians tied thereunto by a Capitulation, which speaks of both Potentates equally with the same words? he shewed by a particular narration, that from the Peace of Venice 1523. until that present, the Emperor had increased his customs, to the grievance of the Venetian subjects, in victuals and merchandise, which passed from the one State unto the other; insomuch as that which formerly paid but one, was now increased in some to 16, and in others to 20. and he instanced in iron and other commodities, which were wont to pay little or nothing, were now raised to such an excessive custom, as proved much to the damage of the Venetians; besides they were forced to pass onely by such places, where they should pay custom, out of which to pass, it was Contra banda, and their goods confiscated. And if his majesty thinks it lawful to do what it pleaseth within his own estate, without breaking of the Capitulations, he cannot think that the Venetians doing but the same, should contrary thereunto, any ways offend. he added, that in every Peace established betwixt two Princes, after a war, it is necessary that their subjects may live and trade together, not to the excluding of customs, although there bee excluded the violences, hostilities, and other impediments of trade, which were formerly used in time of war, neither is the authority of the one, or other Prince, thereby taken away or restrained by Sea or by Land.  
At the force and clearness of this discourse, the Austrians remained as it were in a trance, looking one upon another, insomuch that Chizzola judging it not to bee necessary to dwell longer upon this, passed to the proof of the presupposed truth, viz. That the republic had the Dominion of the Sea, and said; that the proposition was most true, that the Sea was common and free, but yet no otherwise that could bee understood, then as it is commonly said, The high ways are common and free, by which is meant, that they cannot bee usurped by any private person, for his sole proper service, but remain to the use of every one: not therefore that they are so free, as that they should not bee under the protection and government of some Prince, and that every one might do therein licentiously, all that which it pleased him, either by right or wrong; forasmuch as such licentiousness or anarchy is abhorred both of God and nature, as well by Sea as by Land. That the true liberty of the Sea, exclude's it not from the protection and superiority of such as maintain it in liberty, nor from the subjection to the laws of such, as have command over it, rather necessary it include's it. That no less the Sea, then the Land, is subject to bee divided amongst men, and appropriated to cities and Potentates, which long since was ordained by God from the beginning of mankind, as a thing most natual; which was well understood by Aristotle, when he said, that unto Sea or maritime cities, the Sea is the territory, because from thence they take their sustenance and defence; a thing which cannot possibly bee, unless part of it might bee appropriated in the like manner as the Land is, which is divided betwixt cities and governments, not by equal parts, nor according to their greatness, but as they have been, or are able to rule, govern, and defend them. barn is not the greatest city of Switzerland, and yet it hath as large a territory, as all the rest of the twelve Cantons together. And the city of Norimberg is very great, and yet the territories thereof, hardly exceed the walls. And the city of Venice for many years was known to bee without any possession at all upon the firm Land. Upon the Sea likewise, certain cities of great force and valor have possessed a large quantity thereof, others of little force, have been contented with the next waters; neither are there wanting examples of such, who notwithstanding they are maritime, yet having fertile lands lying on the back of them, have been contented therewith, without ever attempting to gain any Seadominion; Others, who being awed by their more mighty neighbors, have been constrained to forbear any such attempt; for which two causes, a city, notwithstanding it bee maritime, may happen to remain without any possession of the Sea.  
he added that God did institute Principalities, for the maintenance of Justice, to the benefit of mankind, which was necessary to be executed, as well by Sea as by Land. That S. Paul said, that for this cause there was due to Princes, customs and contributions: that it should bee a great absurdity to praise the well governing, regulating, and defence of the Land, and to condemn that of the Sea: that if the Sea in some parts for the ampleness and extreme distance thereof from the Land, was not possible to bee governed and protected, that proceeded from a disability and defect in mankind; as also there are deserts so great upon the Land, as it is impossible to protect them; witness the many sandy parts of Africa, and the immens vastities of the new world. And as it is a gift of God; that a Land by the laws and public power, bee ruled, protected and governed, so the same happen's to the Sea: that those were deceived by a gross equivocation, who said, that the Land by reason of its stability might bee governed, but not the Sea, for being an unconstant element, no more then the aêr; forasmuch as if, by the Sea and the aêr, they intend all the parts of those fluent elements; it is a most certain thing, that they cannot bee governed, because, whilst a man serv's himself with any one part of them, the other escape's out of his power; but this chanceth also to rivers, which cannot bee retained. But when it is said to rule over a Sea or river, it is not understood of the Element, but of the site, where they are placed. The water of the adriatic Sea continually runs out of it, neither can it all bee kept in, and yet it is the same Sea, as well as the Tiber, Po, or the Rhine are the same rivers now, which they were 1000 years past. And this is that which is subject to the protection of Princes.  
he asked the Austrians if their pretense were, that the Sea should bee left without protection, so that any one might do therein well or ill, robbing, spoiling, and making of it unnavigable; this would bee so absurd, as he durst answer for them, no: therefore he concluded, that by a necessary consequence his majesty would acknowledge, that it should bee kept, governed and protected by those unto whom it did appertain by divine disposition: which if it were so, he desired to know, if it seemed to them a just thing that such should do it, with the expense of their own pains, charges, and blood; or rather that such should contribute towards it, who did equally enjoy the benefit: To this also he durst answer for them, that they would say the doctrine of St Paul is too clear in the point( not to allege matter of law) that all such who are under government and protection, are thereby bound to pay customs and contributions. And thereupon he concluded, that if the republic were that Prince, to whom it did appertain to govern and protect the adriatic Sea, it followed necessary, that whosoever Navigate's it, ought to bee subject to their laws, in the same manner as such are, who travail through a country upon the Land.  
From thence he went on to show, that this Dominion over the Sea, from time out of mind, did belong to the republic, and thereupon caused to bee red out of an Abstract which he had taken, the opinions of thirty Lawyers, whom from the year 1300, until that present time, did speak of the Dominion which the republic had over the Sea, as of a thing most notorious, and of which, even in their times, the mind of man knew not the contrary: some of them affirming, that the republic had no less Dominion over the Sea, then over the city of Venice; others saying, that the adriatic Sea is the territory and demesnes of the said city, making mention of the lawful power which the Venetians had to establish laws over Navigation, and to impose customs upon such as navigate those Seas; and he added that he never red any Lawyer, which ever said the contrary. And turning himself to Rapicio he said, that if he would not believe those writers which testified that the Sea belonged to the Venetians, whereof they had possession from time out of mind, before the age wherein the authors lived, although they prove it not, yet he could not deny to receive them for testimonies of such things which they saw and knew in their times, and to hold them as witnesses, far above all exception, being famous men, and dead so many years ago, as they could not bee any ways interested in the present differences. And because more then 250 years were past, from the time that the first authors, which he alleged as witnesses hereof did writ, to the time of those, which he last cited in that behalf; by their attestation it was sufficiently proved, that for long time more then so many years, the republic hath commanded the Sea, and therefore he could not deny the immemorable possession thereof to the present.  
Afterwards turning himself to the Judges, he prayed them, that upon the authorities alleged, they would bee pleased to listen unto a short consideration of his, which he did not doubt, but would leave in them a full impression of the truth. And first he desired them to consider, that notwithstanding some of the aforesaid cited authors speak with general words, saying, the sea of the Venetians, neither declaring the quality nor quantity thereof; yet others do specify it, using the name of the gulf; and others with terms more expressive, saying, the adriatic Sea; which clearly demonstrate's, not onely the site, but also the quantity of the Sea possessed; and so shewed, that those who speak more expressively, ought to clear the passages of those, who writ more generally, according to the common precept, that with clear places the more obscure are to bee illustrated. he considered also, that the divers manner of speaking of the same Doctors, some deriving the Dominion of the republic over the Sea, from custom, some from prescription, others from an induced subjection, and others from a privilege, did arise all out of this reason, because as they were most assuredly informed of the possession and jurisdiction of the said Seas, which they both saw and heard to belong to the republic from time out of mind; so they writing upon that matter, not at the instance of any one, but of their own proper motions, and by way of doctrine onely, each one of them judged it most convenient to express the title of that jurisdiction, some with one term, some with another, without coming to use the sole true and proper term, as they would have don, if they had been put to writ for the interest of any one; in which cases the Counsellors are always conformable, receiving from the person interested equally the like instructions.  
he added, that through the variety of expressing themselves, the truth of the cause was no ways diminished, but rather increased; as S. Augustine saith, speaking of the diversity which is observed to bee betwixt the holy Evangelists; because by the divers manner of expression, used by the said writers, every one may rest assured, that none of them did writ nè pagato, nè pregato, neither paid, nor prayed. In which cases they are never wont to varie, from the single form prescribed unto them by the party interested, but rather he that shall well examine it, shall see amongst the Doctors a wonderful concord in this one point most true, that after the declination of the Constantinopolitan Empire, the adriatic Sea was found to bee for many years abandoned,( as also many Islands and cities of that State) in such manner, as it remained unguarded and without the protection and government of any Prince, and under the jurisdiction of no body, until by the Venetians, who, to receive their livelihood thereby, were constrained to maintain it in freedom; and thereupon taking it into their protection, got thereby the government and dominion over it, in like manner as by the law of nature and of Nations, the Land, the Sea, and other things, which are not under the Dominion of any other, come justly unto those who first get the possession of them; by which reason the first Empires were founded, as well upon the Land as at Sea, and daily there are new ones in the same manner formed, when any of them, either through age or 'vice, becoming weak, wanteth force, and sink's of itself. The which custody and government of the Sea, so acquired, the republic hath daily advanced, by the keeping of potent fleets and greater armadas every day then other, with the expense of a great deal of treasure, and the profusion of a world of blood, both of their Citizens and subjects, continuing without interruption, in sight of all the world, the said begun Dominion and custody, overcoming and removing all such impediments, as either by Pirates or Potentates, as well of italy as of the opposite shore, at divers times have been raised. And for the clearing of such doubts, as might arise by the subtle construction of words, he added; that although those who took upon them to speak in the strict terms of the Law, were wont to say, that such things onely were gained by custom, which by the civil law, being to bee common, were notwithstanding converted to a private benefit, yet without any impeachment of the public profit, as to fish in a river without impeachment of Navigation: yet for all that, the title of custom cannot bee unproperly given, where there shall bee gained and continually kept in possession and Dominion, a quantity either of Sea or Land abandoned, and of no man possessed, as Bartholus, Baldus, Castro, and others do affirm. And although that by title of Prescription a thing cannot possible bee said to bee possessed, unless, by the occupation of it, another bee thereof spoiled and dispossessed, which title comes not in this place, forasmuch as the republic hath not spoiled any of the possession of the Sea, but hath seized upon it, finding it abandoned and without patron or possessor: notwithstanding in some sort, it may bee called Prescription, as if a Falcon were let fly and cast off by its master, and thereupon growing wild, should after bee taken up by another, and by him manned, and for a long time fed; although not properly, yet not absurdly it may bee said, that this second master hath it by Prescription. Likewise, to speak in terms of Law, the propriety of speech doth not admit the use of this word Servitude, unless to the proper territory of a State, there bee gotten some power over another State, and yet State remains patron of its own notwithstanding; in this sens the republic hath not brought the Sea in servitude to the city of Venice, because it hath not gotten any special use or command over it, the Dominion for all that remaining to another Patron, but hath assumed the total and entire Dominion thereof, which was before abandoned, neither by any governed or protected: nevertheless it may in a certain proportion bee called Servitude, inasmuch as the republic hath been constrained to assume the total Dominion and government thereof, for the service of the citi of Venice, whereof it had necessary use.  
Now as touching the Privilege of keeping this Sea, and who was the Donor, this neither can here have any place, forasmuch as at the time of the assumption of it, there was not any who could make any grant thereof, the Emperor of the West never having any power or authority over it; and as little superiority or jurisdiction had any other western Prince; and therefore could so much the less give it to another. The Emperor of the East, not having force sufficient to keep it, had long since abandoned it, and being thereupon divested of all the power he had over it, and of the possession thereof, never made any grant thereof in the successive peace and treaties which happened afterwards betwixt the said Empire and the republic. Notwithstanding all which, the Italian Lawyers, as professors of the Cesarean Law, and sworn to the very words of it, being besides most devoted to his Imperial majesty, as if at this present day Augustus or Antoninus did reign, do force themselves with all extortion, to verifieupon the Western Emperor that saying, Imperator est Dominus Mundi, The Emperor is Lord of the world. Which at that very time when it was first pronounced, was not true in the hundred part of the world, and at this present not in any considerable proportion. And whilst they would honor the Emperor, and give him, with such words as these, that which he neither hath nor can have, they consider not the absurdity of the speech, as if they should say, that no King possessed any estate lawfully, unless it were granted him by the Emperor, which is as true, as when they affirm that the Venetians possess the adriatic Sea, by an Imperial privilege. But it appears clear enough, in what sens this is spoken by them, because there is none of them do intend thereby, that there was ever any such Grant made thereof by the Emperor; but by that they do figuratively intend a privilege assumed by immemorable possession, which possession they interpret to bee with the knowledge and sufferance of the Emperor, which is as much as if they should say, that Christian Kings possess their Kingdoms, and the republic possesseth the adriatic Sea, as lawfully by their title of acquiring it, as if those Kingdoms and that Sea had belonged to the Emperor, and from and by him to those Princes, and to the republic afterwards granted. So spaciously did Chizzola dilate in speaking of the opinion of the Lawyers, it being the field of his profession: he concluded, that any one might rest satisfied, as well in truth, as in reason, that by the authority of the said Doctors, there were sure foundations laid to the cause, which he did defend.  
After the testimony of the Lawyers, he added that of the Historians, who do relate, that the republic, for more then 300 years past, did receive custom, of such as sailed that Sea, and kept armed vessels in a readiness, for to compel all such ships so sailing, to go to Venice, testifying moreover, that even unto their present time the same custom was observed. But upon their attestations he dwelled not much, saying, that though they were good testimonies of preceding occurrences; yet when one goeth about to prove the interests of Princes, or of private persons, he ought to help himself by authentic writings, and to use the Historians with great discretion; some of them being moved by love, others with hatred, and others with hope of preferment; which constrain's them oftentimes to use flattery, or Hyperboles, upon which cannot bee laid any sure foundation.  
Wherefore he produced an act of the general Council of Lions, anno 1274, where the Abbot of Nervesa, being delegated by the Pope( upon a pretention of those of Ancona to have free navigation upon the adriatic Sea) sentenced, that the demand should bee rejected, and that the Venetians should not bee mosted in the defence and protection thereof, from the saracens and Pirates, neither should bee disturbed from exacting thereupon their rights and customs, which they had of victuals, merchandise and other portable commodities.  
Chizzola likewise added, that it is clean out of memory, when first of all there was created in Venice, a Captain of the gulf, because in the year 1230, the chancery was burned, with the memorials of all such elections; but from that time to this present, he could show out of the public Registers, the continual succession of the said elected Captains without any interruption. Likewise he added moreover, that there remain the Registers from that time to this, of the licences granted to pass the said Sea, with armed vessels or ships of war, and to the persons and goods belonging to their use, at the request of divers Princes, who had their possessions upon the shore of the adriatic Sea, and that as well by sundry Popes, Legates, Vicars, Governors, and commonalty of the Land of Romania and Marca, as by the Kings of Naples for Puglia, of which many were granted, some denied and others yielded to, but in part; But it being superfluous to allege the Acts of those, the successors of whom do not so much as question this title, he descended to particularise onely the predecessors of his majesty, as Kings of hungary, and Arch Dukes of Austria. he recited a Brief of Pope Urbane the sixth, directed to Antenio Veniero the Duke of Venice, bearing date Luca 14 Junii 1388. where he give's him thanks, that with his Gallies deputed for the keeping of the gulf, mary Queen of hungary had been enlarged, who had been kept prisoner in Castel-novo; with two other congratulatorie letters, the one to the said Queen, the other to King sigismond, who after was Emperor, being her husband, rejoicing with them likewise of the said enlargement made by means of the Captain of the Venetian Gallies, deputed to the custody of the gulf. Afterwards he caused to bee red a safe Conduct granted at the Petition of Rodulph Earl of Sala, in the name of Ladislaus King of Naples, and of William Arch-Duke of Austria anno 1399. 12 Decembris, that the sister of the said King( espoused to the aforenamed Arch-Duke) might bee conducted by sea from Puglia, to the coasts of her husband, with Gallies and other vessels, in all to the number of about twelve; with condition that there should not bee suffered to pass upon them any Bandito or banished person of Venice, who had don any thing against the republic, which did merit death: which forefeet should bee available to the Austrians, as well in going as in coming, so as by the same, they might also reimbark at Trieste and return unto Puglia. But yet this safe Conduct was not made use of, because the King having deferred the departure of his sister for a small time, in the interim shee died.  
Also he produced two letters of the Emperor Frederick, unto Duke Giovanni Mocenigo, the first dated in Gratz 24 Sept. 1478. the other 2 Apr. 1479. from the same place, where he tell's him that he having taken order that there should bee brought from Puglia and Abruzzo, to his castles of Castro and of Istria, a certain quantity of corn, he request's that it may bee permitted him to do it freely, which being to him a great pleasure, he shall acknowledge it with many thanks.  
This he seconded with a letter of Beatrice Queen of hungary, to Giovanni Mocenigo Duke of Venice, dated the last of Jan. 1481. whereby desiring for her proper use to have divers things from the parts of italy, which shee could not bring from thence by Sea, without the permission of the republic, shee desired that, for courtesy sake and friendship, it might bee granted her, which shee should take for a great favour, and correspond upon the like occasion.  
And another of mathias King of hungary to the said Duke dated 26 Febr. 1482. where relating how the republic was accustomend to give licence every year to Count Frangipani patron of Segna and other maritime places, to bring from Puglia and Marca a certain quantity of victuals, and that after the said places, were passed over into his hands, he had omitted to desire it; wherefore he now prayed, that the same grace might bee shewed unto him, & that concerning this, he would writ his letters and give them to a person which he had sent expressly to reliev them; which he should acknowledge as a favour and correspond accordingly.  
And another of the same King to Augustino Barbarigo the Duke, dated 18 Oct. 1487. in the which relating, that he having need of wood for the reparation of a fortress standing in the mouth of Narenta, he prayed, that he might have leave to carry it unto Segna by Sea, and that there might bee letters patents made thereof, offering to gratify him in a greater matter.  
he added to this a letter of Anne Queen of hungary 30 Aug. 1502. in the which recounting the sterility of the country of Segna, shee desite's leave to bring certain victuals from Puglia and Marca, and that he would give to the bearer, who was sent on purpose, letters of licence for the same, promising to acknowledge it as a great favour and courtesy.  
Lastly he produced a letter dated 3 Sept. 1504. of Giovanni de Dura Captain of Pismo, servant to the Emperor Maximilian, which he writ unto the Duke Leonardo Loredano, importing, that Giacomo Croato, a subject of his Majesties, parting from Fianona, entered into the Sea, which is under the Dominion of the republic, for to go to Segna, and was there assailed by an armed bark of Pirates in contempt of the signory or republic, and supplicate's that some order might bee taken therein.  
Upon all which particulars, he weighed most that which ought best to bee considered, having respect to the times, persons, and qualities of the several Princes, and for greater confirmation of their assent, he remembered the yearly ceremony used at Venice; where the Duke in presence of the Ambassadors of other Princes, particularly of his Majesties, did use to espous the Sea, by the casting of a Ring into it, with these words: Desponsamus te mere in signum veri, & perpetui Dominii: Wee do marry the Sea, in sign of our true and perpetual Dominion over it. Which ceremony as the foresaid writers do affirm, had beginning when Pope Alexander the third was in Venice, notwithstanding they add withal, that it was instituted in sign of the Dominion which the republic had formerly gotten, jure belly.  
To the 400 complaints of the Emperors subjects, and to the sentence of Liesina, he answered, giving thanks for the remembering of them, as a thing brought in much to his favour, because the complaints do presuppose the prohibition, and the sentences, either condemning or absolving do prove the jurisdiction.  
And to the salt-barks, he said, that they were not suffered to go to Venice, as never any are suffered to go, all foreign salt being prohibited to enter into that city; and if it were not cast into the Sea, it was a courtesy, which ought not to bee imputed to them to their prejudice.  
he concluded, that he had delivered the true sens of the Capitulations, and proved the immemorable possession of the adriatic Sea; that he could have said much more, but it seemed to him superfluous, and these two points were made most clear; First, That this pretence of the Austrians was but new; and Secondly, That their Petition at this Convention could have no place.  
The Imperialists after they had conferred together, took a resolution not to persevere in the demand of Justice, and the Baron with Suorz said openly, that the republic was Patron of the gulf, and might impose what customs they thought fitting; and that they thought so in their consciences: but there withall they were of an opinion, that for honesty sake, and for the friendship which the republic had with the house of Austria, it should bee don with the least incommodity of the subjects to that house, as could bee possible. The other three said, that it was now no time, either to approve or to disapprove the Dominion of the Sea, but rather to find by way of courtesy some kind of temperature, whereby the republic might receive the rights belonging thereunto from the Austrian subjects sailing those Seas, and on the other side, that such conditions annexed formerly thereunto, might bee taken away, which were incommodious to the Austrians, and no ways profitable to the Venetians. Whereupon divers ways to effect it were examined, and a conclusion taken to refer all to their several Princes, as it was necessary to refer all things else; the Commission being to bee onely perfected by their ratification, and so this Convention ended.  
FINIS.