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.

Title

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.

Author

Selden, John, 1584-1654.

Publication

London :: Printed by William Du-Gard ...,

1652.

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Subject terms

Maritime law -- Early works to 1800.

Freedom of the seas -- Early works to 1800.

Great Britain -- Commercial policy -- 17th century.

Venice (Italy) -- Commercial policy -- 17th century.

Venice (Italy) -- Foreign relations.

Link to this Item

https://name.umdl.umich.edu/A59088.0001.001 content_copy

Cite this Item

"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." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A59088.0001.001. University of Michigan Library Digital Collections. Accessed May 8, 2024. content_copy

Contents

• NEPTUNE to the COMMON-WEALTH of England.
• title page
• TO The Supreme Autoritie OF THE NATION, The PARLAMENT of the Com∣mon-wealth of ENGLAND.
• THE AUTHOR'S PREFACE.
• contents
  • The Contents of the first BOOK, according to the several Chapters.
  • The Contents of the second BOOK.
• Amend the Errors thus.
• treatise
  • OF THE DOMINION, OR, Ownership of the Sea. BOOK I.
    • The Division of the Work, and the Method of the first Book. CHAP. I.
    • What Occurrences seem to oppose the Domi∣nion of Sea, and what Arguments are wont to bee made against it. CHAP. II.
    • What is meant by the word SEA, in the Question. Also a division of the LAVV, in order to the discours. CHAP. III.
    • Of Dominion, both Common to all, and Private. Also its Original, either by Distribution, or Primarie Occupation. CHAP. IV.
    • The effects of private Dominion. And what regard hath been had of the SEA, in the more antient Distributions and Di∣visions of things. CHAP. V.
    • That the Law of God, or the Divine Oracles of holy Scripture, do allow a private Domi∣nion of the Sea. And that the wide Ocean al∣so, which washeth the Western Coast of the holy Land, or at least a considerable part of it, was, according to the Opinion of such as were learned in the Jewish Law, an∣nexed to the Land of Israël, by the Assigna∣tion or appointment of God himself. CHAP. VI.
    • That the natural-Permissive Law (whereof any use may bee in this place) is to bee de∣rived out of the Customs and Constitu∣tions of the more civilized and more noble Nations, both antient and modern. CHAP. VII.
    • The manner, whereby the Law Permissive touching private Dominion of the Sea, may bee drawn out of the Customs of many Ages and Nations. That there were Testimonies hereof manifest enough in the Fabulous Age. Also, a word by the way, touching the Mediterranean Sea in possession of the Romanes, when the Command thereof was committed to Cneius Pompeius. CHAP. VIII.
    • The first Dominion of the Sea among the Greeks in the Historical age; that is, the Dominion of King Minos, or the Cretan. CHAP. IX.
      • I.
    • That after Minos of Crete, Seventeen Na∣tions of Renown in the East, succeeding each other, did for very many years even without Intermission, enjoy a Dominion of the Sy∣rian, Egyptian, Pamphylian, Lydian, and AEgean Sea, no otherwise than of the Continent or Islands. CHAP. X.
      • II.
      • III.
      • IV.
      • V.
      • VI.
      • VII.
      • VIII.
      • IX.
      • X.
      • XI.
      • XII.
      • XIII.
      • XIV.
      • XV.
      • XVI.
      • XVII.
      • XVIII.
    • Touching the Sea-Dominion of the Lacede∣monians and Athenians. Moreover al∣so, that it was acknowledged not onely by the Greeks, but also by the Persians, in a Treatie of Peace. CHAP. XI.
    • Other Testimonies, which are found scatter'd up and down, touching the Dominion of the Sea, in the Customs of the Eastern Na∣tions. CHAP. XII.
    • Of the Spinetans, Tuscans, Carthaginians, and other Lords of the Sea in the West. CHAP. XIII.
    • The Sea Dominion of the people of Rome, and of such as followed their Customs in the Eastern Empire. CHAP. XIV.
    • The Dominion of the Sea, as it belonged to private persons under the Roman Em∣pire, together with that Sanction esta∣blished in the Eastern Empire; whereby the perpetual community of the Sea which was pretended to by som, beeing utterly abolished as a thing unjust, the Dominion even of private persons therein is asserted. CHAP. XV.
    • Touching the Dominion of the Sea, accor∣ding to the Customs of such Nations as are now in beeing. First of the Adriatick Sea belonging to the Venetians, the Ligu∣stick to the Genoëses, the Tyrrhen to the Tuscans, and lastly of the Sea belonging to the Church, or Pope of Rome. CHAP. XVI.
    • Concerning the received Customs of the Portu∣gals and Spaniards, about the Dominion of the Sea. CHAP. XVII.
    • How far private Dominion over the Sea is admitted, according to the Customs, or opi∣nion of the French. CHAP. XVIII.
    • The private Dominion of the Sea, accor∣ding to the received Customs of the Danes, the People of Norway, the Swedes, Polanders, and Turks. CHAP. XIX.
    • An Answer to the Objection, concerning Free∣dom of Passage to Merchants, Strangers, and Sea-men. CHAP. XX.
    • An Answer to that Objection concerning the uncertain fluid nature of the Sea, and its continual Alteration. It is proved, that Rivers also, and the adjoyning Aër (which are more fluid and uncertain) may becom appropriate. CHAP. XXI.
    • An Answer to the Objections touching the de∣fect of Bounds and Limits in the Sea; as also concerning its magnitude and inex∣haustible abundance. CHAP. XXII.
    • An Answer to such Testimonies as have faln from Writers treating of other subjects, and which are usually alleged against Do∣minion of the Sea. CHAP. XXIII.
    • An Answer to the Objections taken out of Antient Lawyers. CHAP. XXIV.
    • Touching the Emperor Antoninus his Answer; that himself was Soveraign of the world, but the Law (as 'tis commonly translated) of the Sea; in L. Deprecatio, ff. tit. de Lege Rhodiâ. The true mean∣ing of the said Answer, and a new, but genuine Exposition of it. Also, that it comprehend's nothing which may in any wise oppose a Dominion of the Sea. CHAP. XXV.
    • An Answer to the Opinions of modern Lawyers, so far as they oppose a Do∣minion of the Sea; especially of Fer∣nandus Vasquius, and Hugo Grotius. CHAP. XXVI.
  • Touching the DOMINION, OR, Ownership of the Sea. BOOK II.
    • The order or Method of those things that are to bee handled in this Book. The British Ocean divided into four parts. CHAP. I.
    • That the antient Britains, did enjoy and possess the SEA of the same name; espe∣cially the Southern and Eastern part of it, as Lords thereof, together with the Island, before they were brought under the Roman power. CHAP. II.
    • That the Britains were Lords of the Nor∣thern Sea, before they were subdued by the Romans. And that the Sea and the Land made one entire Bodie of the British Empire. CHAP. III.
    • That the Dominion of the British Sea, fol∣lowed the Conquest of great Britain it self, under the Emperors Claudius and Domitian. CHAP. IV.
    • Touching the Dominion of the Romans in the British Sea, as an appendant of the Island, from the time of Domitian to the Emperor Constantius Chlorus, or Dio∣cletian. CHAP. V.
    • Touching the Dominion of the Southern and Eastern Sea, as an Appendant of the British Empire, from the time of Constantine the Great till the Romans quitted the Island. That it was all un∣der the Command of the Count of the Saxon Shore throughout Britain. Also concerning the British Navie, under the Romans. CHAP. VI.
    • An Examination of the Opinion of som learned men, who would have the Saxon Shore, from whence that Count or Com∣mander of the Sea throughout Britain had his Title, to bee the British Shore on this side of the Sea; which is plainly proved to bee fals. CHAP. VII.
    • Som Evidences concerning the Soveraigntie and inseparable Dominion of the Isle of Britain and the Sea belonging there∣to, out of Claudian, and certain Coins of the Emperor Antoninus Pius. CHAP. VIII.
    • Touching the Dominion of the British Sea, after that the Inhabitants had freed themselvs from the Romane power. CHAP. IX.
    • It is proved, both from the very beginning of the Saxons Reign, as also from their Forces and Victories by Sea, that the Eng∣lish-Saxons, and Danes, who ruled the South-part of Britain, had Dominion over the Sea. CHAP. X.
    • The Sea-Dominion of the English-Saxons, and Danes, during their Reigns in Bri∣tain, observed in like manner, from such Tributes and Duties of their Fiduciarie Clients or Vassals, as concerned the main∣tenance of the Navie. Also, concern∣ing the Tribute or Paiment called Dane∣geld, which was wont to bee levied for the Guard of the Sea. CHAP. XI.
    • The Testimonies of Edgar and Canutus, Kings of England, with others expressly declaring the Dominion which they and their predecessors had over the Sea; toge∣ther with an observation touching the Na∣tions which in that age were seated upon the opposite Shore. CHAP. XII.
    • Several Testimonies concerning the Sea-Do∣minion of the Kings of England, since the Norman Conquest, set forth in General Heads. CHAP. XIII.
    • That the Kings of England, since the co∣ming in of the Normans, have perpe∣tually enjoied the Dominion of the Sea flowing about them, is in the first place proved from the Guard or Government thereof, as of a Province or Territorie; that is to say, from the very Law of the English Admiraltie. CHAP. XIV.
    • The Dominion of the English Sea asserted from those Tributes or Customs that were wont to bee imposed, paid, and demanded, for the Guard or Protection thereof, after the Norman Conquest. CHAP. XV.
    • Observations touching the Dominion of the English and Irish Sea, from the tenor and varietie of those Letters Patents or Com∣missions Roial, whereby the Admirals of England were wont to bee put in Au∣toritie. CHAP. XVI.
    • It is proved by words plain enough in the form of the Commissions for the Government or command of the high Admiral of Eng∣land, from antient to the present time, that the Sea, for whose guard or defence, hee was appointed by the King of England as Lord and Soveraign, was ever bounded to∣wards the South, by the shore of Aquitain, Normandie, and Picardie. CHAP. XVII.
    • 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 in the Dominion of those Islands ly∣ing before the shore of France, which hath ever been enjoied by the Kings of England, it appear's that the possession of the Sea wherein they are situate, is derived from their Predecessors. CHAP. XIX.
    • The Dominion and possession of the Sea as∣serted on the behalf of the Kings of Eng∣land, from that leav of praeter-Naviga∣tion or passage which hath been usual∣ly either granted by them to Foreiners, or desired from them. CHAP. XX.
    • That Licence hath been usually granted to Foreiners, by the Kings of England, to fish in the Sea; Also, that the Protecti∣on given to Fisher-men by them, as in their own Territorie, is an antient and manifest Evidence of their Dominion by Sea. CHAP. XXI.
    • The Dominion of England made evident from the laws and limits usually set by our Kings in the Sea, to such Foreiners as were at en∣mitie with each other, but in amitie with the English. And concerning the King's Closets or Chambers in the Sea. Also touching that singular privilege of perpetual truce (or ex∣emption from hostilitie) in the Sea about those Isles which lie before the shore of Nor∣mandie. CHAP. XXII.
    • Certain publick Records, wherein of old the Dominion of the Sea is, by the way, asscri∣bed to the Kings of England, both by the King himself, and also by the Estates of Parlament, debating of other matters, and that in express words, and with verie great deliberation, as a known and most undoubted Right. CHAP. XXIII.
    • Of divers Testimonies in our own Law-Books, and the most received Customs, whereby the Sea-Dominion of the King of England, is either asserted or admit∣ted. CHAP. XXIV.
    • Som antient Testimonies of less account, touching the Sea-Dominion, whereof wee Treat. CHAP. XXV.
    • That the Sea-Dominion of the Kings of Eng∣land is acknowledged by Foreiners, whom it most concern's, by their usual striking of Sails, according to antient Custom. Also concerning two Edicts or Ordinances that were set forth about this Thing, by the Kings of France. CHAP. XXVI.
    • A Recognition or Acknowledgment of the Sea-Dominion of the King of England, made by very many of the Neighbor-Nations round about, in an antient Libel publickly exhibited, or in a Bill of Com∣plaint instituted by them, together with the English, against Reyner Grimbald Gover∣nor of the French Navie. Also, touching a Recognition of this kinde implied in his Defence. CHAP. XXVII.
    • A Copie, or Transcript of the Libel or Bill of Complaint, mentioned in the former Chapter. CHAP. XXVIII.
    • A Recognition or acknowledgment of the Sea-Dominion of the Kings of England, made by the Flemings in an Ambassy to Edward the Second. CHAP. XXIX.
    • Of the Dominion of the King of Great Bri∣tain in the Irish and Western Sea, consi∣der'd singly and apart by it self. CHAP. XXX.
    • Touching the Dominion of the King of Great Britain in the Scotish Sea, especially toward the East and North. CHAP. XXXI.
    • Touching that Right which belong's to the King of Great Britain, in the main and open Sea of the North. And the Con∣clusion of the Work. CHAP. XXXII.
• title page
• ADDITIONAL EVIDENCES Concerning the RIGHT OF SOVERAIGNTIE and Dominion of ENGLAND in the SEA; Collected Out of certain publick Papers, relating to the Reigns of K. JAMES, and K. CHARLS.
  • section - 1
  • section - 2
  • section - 3
  • section - 4
  • section - 5
  • section - 6
  • section - 7
  • section - 8
• title page
• AN ADVERTISEMENT TO THE READDER.
• Dominium Maris: OR, THE DOMINION OF THE SEA.