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.

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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.
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 26, 2024.

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AN ADVERTISEMENT TO THE READDER.

I Thought it fitting not to instruct, but rather to remember the Rea∣der, that this Sea, over which the Venetians challenge So∣vereigntie and Dominion, bee∣ing commonly called the Gulf, is nothing els but a large Bay or inlet of the Sea, which entering in betwixt two lands, and severing them for many miles countinuance, 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 Ve∣nice, from the Citie of Venice, situated upon certain broken Islands near unto the bottom thereof. It is also called the Adriatick Sea, from the antient Citie of Adria, lying not far

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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 over, in others but 80, in the most 100. The southwest shore of it is bounded by the Provinces of Puglia, and Abruzzo in the Kingdom of Naples, the Marquisate of Ancona and Romagnia in the Pope's State, and the Marquiate of Trevisana in the Venetian State. The North part of it, or bottom, hath Friuli for it's bounds, the North-East 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 Ma∣ritim Towns therein. In Dalmatia, saving Zara, Spalato, and Cattaro, they have nothing of importance, the rest belonging to the Repub∣lick of Ragusa, and to the Turks. In Albania and Epirus, they possess nothing at all, it beeing entirely the Turks. So that hee, who shall ex∣amine the circuit of this Sea, which must contein above 1200 miles, shall finde the shores of the Venetian signorie, not to take up intire 00 of them, omitting som scatter'd towns and dispersed Islands, lying on the Turkish side of the Adriatick

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shore. For the securing hereof from the depreda∣tion of Pirates, and the pretenses of divers Po∣tent Princes, as the Pope, Emperor, King of Spain, and the great Turk, who have each of them large territories lying thereupon; also to caus all such ships, as navigate the same, to go to Venice, and there to pay custom and other du∣ties, the Republick maintein's continually in action a great number of ships, gallies and gal∣liots, whereto they also add more, as there may bee occasion, whereof som lie about the bottom of the Gulf in Istria, others about the Islands of Dal∣matia, 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 Coru, and in that of Candia: in the first of which commonly reside's the Captain of the Gulf, whom they call by the name of Proveditor, or Provi∣sor 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 Signorie, or Re∣publick, and upon such conditions as best pleas∣eth them; which they are so careful to effect, that in the year 1638 the Turkish Fleet entring

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the Gulf without licence, was assailed by the Venetian General, who sunk divers of their vessels, and compelling the rest to flie unto Va∣lona, hee held them there besieged, although the same Citie, and Port whereon it stand's, bee un∣der the jurisdiction of the Grand Signor. And notwithstanding that a great and dangerous war was likely to ensue thereupon, betwixt the Grand-Signor and the Republick, becaus the Venetian General, beeing not content to have chased them into their own Ports, did moreover then that, sink their vessels, and landing his men, slew divers of their Mariners who had escaped his furie at Sea: yet after that a very honorable peace was again concluded betwixt them, where∣in, 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 seiz 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-Sig∣nor's, bordering on any part of the Venetian Gulf. Out of all which, when I considered the real and absolute Sovereigntie, which this Re∣publick doth actually enjoy over this sea, which they have ever defended, as well by the sword as

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the pen; and withal how that som neighboring Nations of late years, did seem to envie the title of England to the narrow seas, affirming in som of their writings, the Sea to bee free; that it neither ought, nor could bee under the jurisdiction of any; that it was a wilde beast which could not bee ruled; that, pos∣sessio beeing Pedis positio, there could no possession bee either taken or kept of it; that the limits thereof, beeing a fluent element, could not bee scored out, or certainly deter∣mined, that it was as free for all mankinde to use, and as common as the aër, with many other things to that purpose; I chancing som years past to bee at Venice, upon conside∣ration of the premisses, did labor with a great desire, to know the grounds of that title, where∣upon the Venetians founded their Dominion of the Sea; and after much search, even to the despair of obteining of it, I hapned upon this ensuing argument, conteining a Plea or Dis∣pute, betwixt the Austrians and Venetians, touching the Dominion of the Adriatick Sea, not fictitious or devised onely to color the caus, but faithfully transcribed from out the publick Registers of that Citie, which I offer herewith to the Reader in English, and withal these two con∣siderations,

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First, that hereby it will appear, that the Common-wealth of England's challenge to the Dominion of the Sea, is neither a Noveltie or singularitie; especially, when it is besides most apparant that the King of Denmark, doth not onely pretend to the Sovereigntie of the Sound, but causeth all such Ships as pass through it, to pay what toll hee pleaseth. The great Turk pro∣hibit's all Nations, saving his own Vassals, to enter the black Sea, or Pontus Euxinus; the like hee doth to the red Sea, whch contein's at the least 1200 miles in length, beginning from the streits of Babelmandel, which give's entrance thereinto, and ending at the Town 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 intirely 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 pass-port of the Vice-Roy of Goa, or of som other by him deputed thereto, styling himself, amongst others his Titles, to bee King of the Conquest, Navigation, and Commerce, or Traffick of AEthiopia, Arabia, Persia, India, &c. which

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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 toge∣ther united under one King.

Secondly, if the Dominion of these Seas do∣truely and properly belong to the Commonwealth of England (as hath been so sufficiently cleared and proved to the whole world, by that learned Book entituled Mare Clausum) why may not, or ought not the People of England, by all law∣ful waies procure, that the Dominion of these Seas that so justly appertein's unto them, may bee secured from any force, violence, or opposition, how great soever, of their most powerful neigh∣bors; 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 occa∣sions oppose themselvs by force, or otherwise, against the most potent Princes of Europe and Asia. Vale.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

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