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.

TO The Supreme Autoritie OF THE NATION, The PARLAMENT of the Com∣mon-wealth of ENGLAND.

(Right Honorable!)

I Should not have presumed thus, in the mid'st of so many great affairs, to press into your presence, did I not bring a Present in my hand most worthie of your acceptance. It is that Learned and elaborate Work, entituled MARE CLAUSUM; A Piece so fully vindica∣ting your Right of Soveraigntie over the Seas, by the clearest evidences of Reason, and Record from all Antiquitie, that it

stand's more impregnable against the Pens, than the Island it self against the Attempts of Forein Nations. It was written Ori∣ginally in Latin, for the asserting of this Right before all the world; and how they have been convinced by it, appear's hi∣therto by the universal Admiration that at∣tend's it: But considering what pitie it was, that so rare a Jewel as this, which hath drawn the envie of som few, but the Ap∣probation of All, should lie so long lockt up in a Language unknown to the greatest part of that Nation whom it most con∣cern's; and how necessarie it is, in this present Juncture, to let the People have a clear understanding of their nearest inte∣rest, and how that Right hath been recei∣ved in all Ages, which a strange People in this latter Age have been bold to under∣mine; it was judged very requisite to un∣lock the Cabinet, and expose the Jewel to the view of the whole Nation, that they may prize it, and apprehend not onely their own Interests and Concernments, but how far wee and our Posteritie must stand indebted to the name and memorie of the noble SELDEN.

As for my self, though it bee accounted one of the meanest Services to Translate; yet when I consulted with my own Thoughts, which way I might best ex∣press my dutie and affection to your present Caus, and consider'd, that little could bee said or collected upon this subject of the Sea, which is not abundantly set forth in this irrefragable Treatise, I conceived it a Task of no less importance than difficul∣tie. And now it is don, if it were well don, I should believ my self to have atteined no small happiness, in having my name any way related to the Learned Autor; who shall ever live like himself in this ex∣cellent Book, as long as there is any memo∣rie of Britain, or of the Sea that flow's about it.

It was a work begun (it seem's) in the Reign of King James, and then laid aside again for above sixteen years; but after∣wards revived, alter'd, and enlarged by the Learned Autor (as hee saith in his Epi∣stle) at the command of the late Tyrant; And as it was written for him, so it was de∣dicated to him, as beeing supposed one who was, or ought to have been, a fit Patron

of the Dominion here asserted: However, this I finde, that as hee seemed, by his na∣val Preparations in the year 1635, to resent the many injurious usurpations of our un∣ruly Neighbors, and did in words also stre∣nuously assert the Jurisdiction at Sea; so hee set a value upon this Book, as it's main Evidence: and in the 12 year of his Reign it was upon his special command, deliver'd by the hands of Sir William Beecher (one of the Clerks of his Council) to the Barons of the Exchequer in open Court; and by immediate Order of that Court, it was pla∣ced among their publick Records, where it remain's to this day. Now, had hee per∣sisted with the same firm resolution in this honorable business of the Sea, as hee did in other things, that were destructive to the Nation's interest, the Netherlanders had been prevented from spinning out their long opportunitie to an imaginarie Claim of Prescription; so that they would have had less Pretence to Act those Insolencies now, which in former times never durst enter the Thoughts of their Predecessors. The truth is, too much easiness and indul∣gence to the Fathers and Grand-fathers of

the present Generation, was the first occasi∣on of elevating them to this height of Confidence, in pressing upon the Seas of England: For, who know's not with what tenderness, and upon what terms, they were first taken into the bosom of Queen Eli∣sabeth? yet they were no sooner warm, but they shew'd their sting, and proved the onely great vexation (becaus deceitful friends) to that excellent Ladie, who, in those Infant-daies, was both Mother and Nurs of their ungrateful Republick. Too much of the same tenderness was expressed afterward by King James, becaus (as in the former Reign, so in his) it was counted Reason of State to permit them to thrive; but they turning that favorable Permission into a Licentious Encroaching beyond due Limits, put the King to a world of Trou∣ble and Charge, by Ambassies and other∣wise, to assert his own interest, and dispute them into a reasonable submission to those Rights which had been received before as indisputable by all the world. For the truth whereof, I am bold to refer your Honors to the Memorials of several Transactions in those daies, which I have added at the

end of this Book; and for which I stand indebted (as I am also for many other Fa∣vors) to a Right honorable Member of your own great Assembly. By the same also it will appear, how this People perceiving that King to bee of a temper disposed to use no other arguments but words, held him in play with words again, and while they tri∣fled out his Reign in Debates and Trea∣ties, carried on their design still to such a height, by a collusion of Agencies and Ventilations to and agen, and a daily in∣trusion upon the Territorie by Sea, that in time they durst plead and print Mare Li∣berum; and after his Son Charls came to the Crown, they in effect made it so: For, though hee were not ignorant of his own Right, as appear's by his esteem of this Book, his Preparations, and Proclamation for Restraint of Fishing without Licence, &c. Yet hee never made any farther use of them, than to milk away the Subjects monie under pretence of building Ships to maintein his Autoritie by Sea; which end of his beeing served, hee immediately let fall the prosecution of what hee preten∣ded: So that through the over-much easi∣ness

and indulgence of preceding Princes, they in a short time arrived to so loftie a Presumption, as to seem to forget and que∣stion, and now at length, by most perfidi∣ous actings, to defie the Dominion of England over the Sea.

These things beeing consider'd, it was supposed this Translation (it beeing a no∣ble Plea asserting that Dominion) would bee a very seasonable Service; which (how poorly soëver it bee apparel'd in our English dress) is bold to lay Claim unto your Honors as its proper Patrons, concei∣ving it ought to bee no less under your Pro∣tection than the Sea it self: And therefore let mee have leav here (without Flatterie or Vanitie) to say, though in other things I may injure the eminent Autor, yet in this hee will bee a Gainer, that his Book is now faln under a more noble Patronage, in the tuition of such heroïck Patriots, who, observing the errors and defects of former Rulers, are resolved to see our Sea-Territo∣rie as bravely mainteined by the Sword, as it is by his Learned Pen. It is a gallant sight to see the Sword and Pen in victorious Equipage together; For, this subdue's the

souls of men by Reason, that onely their bodies by force. The Pen it is which ma∣nifest's the Right of Things; and when that is once cleared, it give's spurs to resolu∣tion, becaus men are never raised to so high a pitch of action, as when they are per∣swaded, that they engage in a righteous caus; according to that old Versicle,

Frangit, & attollit vires in Milite causa.

Wherefore seeing you (Right Honora∣ble!) have had so frequent experience of the truth of this in our late Wars, wherein the Pen Militant hath had as many sharp ran∣counters as the Sword, and born away as ma∣ny Trophies from home-bred Enemies in prosecution of your most righteous caus by Land, certainly you will yield it no less necessarie for the Instruction of this gene∣rous and ingenious people, in vindicating your just Rights by Sea, against the vain Pretences and Projects of encroaching Neighbors. For, what true English heart will not swell, when it shall bee made clear and evident (as in this Book) that the Sove∣raigntie

of the Seas flowing about this I∣sland, hath, in all times, whereof there re∣main's any written Testimonie, both be∣fore the old Roman Invasion and since, un∣der every Revolution, down to the present Age, been held and acknowledged by all the world, as an inseparable appendant of the British Empire; And that by virtue thereof the Kings of England successively have had the Soveraign Guard of the Seas; That they have imposed Taxes and Tri∣butes upon all ships passing and fishing therein; That they have obstructed and open'd the passage thereof to strangers, at their own pleasure, and don all other things that may testifie an absolute Sea-Dominion; VVhat English heart (I say) can consider these things, together with the late Actings of the Netherlanders, set forth in your publick Declaration, and not bee inflamed with an indignation answera∣ble to their Insolence; That these People raised out of the dust at first into a state of Libertie, and at length to an high degree of Power and Felicitie, by the Arms and Be∣nevolence of England; or that they, who in times past durst never enter our Seas to

touch a Herring, without Licence first ob∣teined by Petition from the Governor of Scarborough-Castle, should now presume to invade them with armed Fleets, and by a most unjust war bid defiance to the United Powers of these three Nations? Had they dared to do this in the daies of our Kings, I suppose, they (even the worst of thē) would have checkt and chastised them with a Re∣solution suitable to their monstrous Ingrati∣tude; For, however som of them were whol∣ly busied in vexing and undermining the people's Liberties at home, yet they were all very jealous of the Rights and Interests of the Nation at Sea; and good reason they had for it, since without the maintenance of a Soveraigntie there, the Island it self had been but a great Prison, and themselvs and the Natives but so many Captives and Vassals to their Neighbors round about; not so much secluded, as excluded from all the world beside. Upon this ground it was, that Kings ever conceived and main∣teined themselvs as much Monarchs by Sea as by Land; and the same you will finde here was received by all other States and Princes, the Land and Water that sur∣round's

it, making one entire Bodie and Territorie. Moreover, our own Munici∣pal Constitutions every where declare the same, as may bee seen by the several Pre∣sidents and Proceedings thereunto relating; which manifestly shew, that by the Cōmon Law of the Land, our Kings were Proprie∣tarie Lords of our Seas; That the Seas of Engl. were ever under the Legiance of our Kings, and they soveraign Conservators of the peace as well upon the Sea as Land.

Now therefore (Right honorable!) when I look upon you, and behold you more highly intrusted than Kings, and far more nobly adorned upon a better Ground than they were, with all the Rights, Interests, and Privileges of the People; when I con∣sider how God hath wrested the Sword out of their hands, and placed it in yours for our Protection, with the Conservation of our Peace and Liberties, and made you the happie Instruments of freeing us from the yoke of Kings; When I call to minde, how nobly you asserted the Rights of Eng∣land against Domestick Tyrannie, upon the neck of the late King, and laid the founda∣tion of our Freedom upon the highest Act

of Justice (when Justice sat more gloriously inthroned than ever it did before on any earthly Tribunal) I am raised with more than ordinarie confidence, that the same Spirit of Justice, which acted you in your former atchievments, for our establishment by Land, against him and his posteritie, will carrie you on (as you have begun) with the like zeal and magnanimitie, to vindicate those Rights by Sea, against all Forein vio∣lations and invasions. It is your honor, that God hath made you Founders of the most famous and potent Republick this day in the world; and your felicitie, that all your Enemies have no other Ground of quarrel, but that you are a Republick: For, though these Netherlanders speak it not out in words, yet they have often told you so in behaviour; not onely as they saw a barba∣rous stab given you in the person of D^r Do∣risla, yet let slip the•• Murtherers by delaie, (the States-General not having issued out so much as a warrant for their apprehensi∣on) but after, in neglecting, slighting and slender protecting (to say no more) of your two Ambassadors, and at length in the louder language of the Cannon, during a

Treatie of Peace for a more strict League and Union; when Tromp proclaimed to all the world, that their infamous design was by Treacherie to surprise and destroy our Fleets at Sea, which (to use your own language) are, under God, the Walls and Bul∣warks of this Nation. It is not my business here to recite their many unkindnesses throughout the late wars, their designed protracting them by a mischievous under∣hand-siding and supplying the publick E∣nemie, together with the many indignities, affronts, injuries, and intolerable provoca∣tions, both before and since your settling in a State of Freedom. That egregious at∣tempt upon your Shipping, under pretence of a friendly salutation, consider'd in all its Circumstances, may serv in stead of all, it beeing indeed such a Barbarism, that the world cannot parallel, and none but them∣selvs would have acted; And therefore wee may the less wonder at their denying it when don, since the owning must have rendred them and their present enterprise detestable to the Nations. Nor is it any great marvel, that after the many matchless affronts given you, when your Honors out

of a Christian inclination to Peace, were pleased to over-pass them all, and in your Answer of the 25 of June to their Ambassa∣dors, to declare notwithstanding, that, if you might have satisfaction for the Charges they put you to in that Summer's Prepara∣tions, and Securitie for time to com by both States contracting a firm Alliance, you were readie to set an end to the present differen∣ces (it is no marvel, I say, after so great con∣descension on your part) they should chuse War rather than Peace, since it now ap∣pear's they had War in their hearts from the very begining, and stood resolved to propa∣gate their ambitious ends by waies of vio∣lence, and becom yet more unjust, rather than do any thing, though never so reaso∣nable, that might seem to import an ac∣knowledgment of their late injustice. And to the end that England may have a true taste of their intentions, it is well worthie consi∣deration, that as they have refused to give any reasonable satisfaction or securitie, and with a brazen-front out-face the matter in their publick Manifest, declaring therein, That they will never lay down arms so long as you steer the cours you are now in; so by con∣sequence

they seem resolved never to admit Peace, but upon such terms as are inconsi∣stent with your Honor and Interest, and ••ix themselvs (as long as they so continue) in an irreconcileable enmitie to the Good of our Nation. In Cases of this nature, when Adversaries place themselvs at an unreaso∣nable distance, there is no securitie for a State, but in a strict Bent to its own Inte∣rest; nor any thing more dangerous than Middle-Counsels, while an Enemie stand's out upon extremities; And what greater extremitie than to invade a Neighbor's Ter∣ritorie, and prosecute the Invasion by a de∣sign of Conquest: The Sea is indeed your Territorie no less than the Land; It hath been held so by all Nations, as unquestio∣nably subject, under every Alteration of Go∣vernment, to them that have enjoied the Dominion by Land; so that the Nether∣landers having enter'd your Seas, in defiance of your Power, are as absolute Invaders, as if they had enter'd the Island it self. It is just as if Hannibal were again in Italy, or Charls Stuart at Worcester; and the late affront given near Dover, was like the one's braving it be∣fore the walls of Rome, and as if the other had com and knockt at the gates of London, or rather at your very Chamber-door; for,

that insolent Act was don in that place, which our Kings heretofore were wont to call and account their Chamber. How nearly these things touch the honor of your Selvs and the Nation, is well apprehended by your faithful friends, who have been very amply instructed and quickned by your publick Declaration: And it is their excee∣ding Joie, while they see you acting and en∣gaging upon just and honorable Grounds, to make good that Right and Reputation which you have received as inviolable from our Ancestors. For, it hath been their great satisfaction to observ, with what ex∣cellent expressions you acquit your selvs, when, stating the case of this Quarrel, you make it known, with what affection and con∣stancie you have labor'd for the friendship of the United Provinces; how carefully you have avoided all differences, and occasions of a warr between the Nations; yet that all Overtures of Amitie and nearest Alliance have been reje∣cted; and how that in stead of giving satisfacti∣on for all the injuries they have don you, nothing would satisfie them, unless you should quietly and tamely have laid your selvs down at the feet of those who have thus endeavored to ru∣ine you; or unless you should have betrai∣ed into those hands the Rights and Safe∣tie

of the People of this Nation: So that be••ing compel∣led and necessitated into a most unwelcom wa•• begun upon you, you resolv to use such waies and means, wherewith God shall inable you, to defend your selvs, and thereby to gain that just satisfaction and securitie, which cannot o∣therwise bee had. May you ever persist in this heroïck Resolution, as to do no wrong to any, so to defend your own Rights against all that shall dare to ravish them; May you alwaies have an ear open to receiv full Satisfaction and Securitie, when offer'd, and a heart nobly enkindled with a magnanimous indig∣nation, to retort violence in the faces of bold Usur∣pers and Invaders. Had the Netherlanders been content to keep within their proper Bounds, it had been still our Interest (as of old) to have had Peace with them above other Nations; but since they break out like an Inundation, and with a drawn Sword de∣clare prodigious Principles of Enmitie against the Rights and Liberties of England, it is presumed a thing unquestionable, that due Defences ought to be made, till they bee reduced within their antient Li∣mits: For, if they should bee permitted in the least to Lord it at Sea; as they want not will and advan∣tages, and have given you experience of their en∣croaching and ambitious temper, so it's to bee feared they would bee ever seeking opportunitie, to impose a Lord upon you by Land.

May you go on therefore (Right honorable!) as you have begun, and do, and the God of Heaven go a∣long w^th you, upon terms of honor & Justice, in such a way, that men may understand (as you will do no

wrong) at what rate they must offend you. Not one∣ly our eies, but the eies of all the world, are fixt upon the carriage and conduct of this noble enterprise by Sea; when you have acquitted your selvs there▪ as no doubt you will do, having alreadie given the same demonstrations of wisdom and courage that you have don by Land, your Wars (through God's bles∣sing) will at once bee ended; It will draw such a reve∣rence & repute to your affairs, that men will beware how they provoke you, and your worst enemies de∣spair of any future opportunitie. The late Engage∣ments & Successes of your Fleets at Sea have shewn, that the great God hath owned you there; That hee hath not left you destitute of means; That the old English bloud & sens of honor, run's still in the veins of your Sea-men; and thereby given you to under∣stand, that hee who hath appeared so gloriously for you, in the midst of wondrous difficulties, by Land, will also manifest his wonders in the Deep, to make a final Accomplishment of the good VVork by Sea; and beeing himself alone invested with the absolute Soveraigntie of Sea & Land, bee pleased to continue you and your Successors his Lievtenants in both, for the establishment of this Common-wealth, in a ple∣narie possession of its Rights and Liberties to all Po∣steritie. I am in my praiers and endeavors

(RIGHT HONORABLE!)

Your Honor's most humble, and faithful Servant Marchamont Nedham.

November 19. 1652.