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.

The Contents of the first BOOK, according to the several Chapters.

• CHAP. I. THe Division of the Work, and the Method of the first Book. Pag. 1
• CHAP. II. What Occurrences seem to oppose the Dominion of the Sea, and what Arguments are wont to bee made a∣gainst it. pag. 3
• CHAP. III. What is meant by the word SEA, in the question. Also a divi∣sion of the Law, in order to the Discours. pag. 11
• CHAP. IV. Of Dominion, both common to all, and Private. Also its Original, either by Distribution, or Primarie Occupa∣tion. pag. 16
• CHAP. V. The Effects of private Dominion. And what regard hath been had of the SEA, in the more antient Distributions and Divisions of things. pag. 24
• ...

• CHAP. VI. That the Law of God, or the Divine Oracles of holy Scrip∣ture, do allow a private Dominion of the Sea. And that the wide Ocean also, which washeth the Western Coast of the holie Land, or at least a considerable part of it, was, according to the Opinion of such as were learned in the Jewish Law, annexed to the Land of Israël, by the Assignation or appointment of God himself. pag. 27
• CHAP. VII. That the Natural-Permissive Law (whereof any use may bee in this place) is to bee derived out of the Customs and Constitutions of the more civilized and more noble Nations, both antient and modern. pag. 42
• CHAP. VIII. The manner, whereby the Law Permissive touching pri∣vate Dominion of the Sea, may bee drawn out of the Cu∣stoms 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. pag. 46
• CHAP. IX. The first Dominion of the Sea among the Greeks in the Historical Age; that is, the Dominion of King Minos, or the Cretan. pag. 53
• CHAP. X. That after Minos of Crete, seventeen Nations of renown in the East, succeeding each other, did for very many years

• even without intermission enjoy a Dominion of the Syrian, Egyptian, Pamphylian, Lydian, and AEgean Sea, no otherwise than of the Continent or Islands. pag. 56
• CHAP. XI. Touching the Sea-Dominions of the L••••••demonians and Athenians. Moreo••er also, that it was acknowledged not onely by the Greeks, but also by the Persians, in a Treatie of Peace. pag. 65
• CHAP. XII. Other Testimonies, which are found scattered up and down, touching the Dominion of the Sea, in the Customs of the Eastern Nations. pag. 69
• CHAP. XIII. Of the Spinetans, Tuscans, Carthaginians, and other Lords of the Sea in the West. pag. 74
• CHAP. XIV. The Sea-Dominion, of the people of Rome, and of such as followed their Customs in the Eastern Empire. pag. 77
• CHAP. XV. The Dominion of the Sea, as it belonged to private persons under the Roman Empire, together with that Sanction established in the Eastern Empire; whereby the perpe∣tual communitie 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. pag. 89
• ...

• CHAP. XVI. Touching the Dominion of the SEA, according to the Customs of such Nations as are now in beeing. First of the Adria∣tick Sea belonging to the Venetians; the Ligustick to the Genoêses, the Tyrrhen to the Tuscans, and lastly of the Sea belonging to the Church, or Pope of Rome. pag. 99
• CHAP. XVII. Concerning the received Customs of the Portugals and Spani∣ards, about the Dominion of the Sea. pag. 107
• CHAP. XVIII. How far private Dominion over the Sea is admitted according to the Customs, or opinion of the French. pag: 111
• CHAP. XIX. The private Dominion of the Sea, according to the received Cu∣stoms of the Danes, the people of Norway, the Sweds, Polanders, and Turks. pag. 118
• CHAP. XX. An Answer to the objection, concerning Freedom of Passage to Merchants, Strangers, and Sea-men. pag. 123
• CHAP. XXI. An Answer to that Objection concerning the uncertain fluid na∣ture of the Sea, and its continual Alteration. It is pro∣ved, that Rivers also, and the adjoining Aër (which are more fluid and uncertain) may becom appropriate. pag. 127
• ...

• CHAP. XXII. An Answer to the Objections touching the defect of Bounds and Limits in the Sea; as also concerning its magni∣tude and inexhaustible abundance. pag. 135
• CHAP. XXIII. An Answer to such Testimonies as have faln from Writers treating of other subjects, and which are usually alleged against Dominion of the Sea. pag. 145
• CHAP. XXIV. An Answer to the Objections taken out of Antient Lawyers. pag. 150
• CHAP. XXV. 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 meaning of the said An∣swer, 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. pag. 157
• CHAP. XXVI. An Answer to the Opinions of modern Lawyers, so far as they oppose a Dominion of the Sea; especially of Fernan∣nandus Vasquius, and Hugo Grotius. pag. 168

Notes

• Mare Li∣gusticum is now called Mar Leone, and M••rdi G••nova.