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.

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.

MOreover, very many things are found scatter'd up and down in those Writings that concern the Customs of the Eastern Nations, which clearly prove it to have been a most received opinion touching private Dominion of the Sea. Antiochus

Epiphanes, King of Syria saith, speaking of the Syrian Sea, a 1.1 Are not both the Sea and the Land mine? And Xerxes that Persian King, when in a ridiculous hu∣mor hee scourged the Hellespont, stigmatized it, and cast a pair of Fetters into the Waters, said, b 1.2 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Thy Lord inflict's this punish∣ment upon thee. Also, whereas Agatharcides, following the storie of Boxus the Persian, write's that the red or Erythrean Sea was so called from King Erythras or Erythrus (that is, from Edom bordering thereupon who also was c 1.3 Esau, and signifieth the same that Erythrus or Rubrus doth in Ebrew) hee add's also this Expo∣sition doth imply d 1.4 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, A man enjoying the Dominion of that Sea. And truly wee read in e 1.5 Philostratus, that there was an old contract touch∣ing the Red-Sea, which King Erythras had contracted, when hee had Dominion over that Sea, that no Egyptian ought to enter that Sea in a long Ship, but to imploy there onely one of Burthen. And f 1.6 Quintus Curtius saith of the Citie of Tyre, that beeing built by Agenor, shee made not onely the neighboring Sea, but what Sea soëver her▪ Ships sail into, to bee of her Dominion. From whence also Tyria Maria, Tyrian Sea's, became a g 1.7 Pro∣verb, to signifie a Sea so possessed, that free passage could not bee had, without leav of the Lord or Possessor. There was also a very antient Custom used in the Fast, that when great Kings having designs to bring any Nations under their power, commanded the pledges of Empire and Dominion to bee deliver'd to them, they were wont to demand Water and Earth together. That is to say, there quired them 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to bring earth and water, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to prepare Earth and Water. They conceived that their Dominion of the Sea as well as the Land, was signified by such a

kinde of pledg or token. Thus h 1.8 Darius demanded Earth and Water from Indathyrsus King of the Scy∣thians; Thus i 1.9 Xerxes from the Lacedemonians; and thus both of them from the People of Coos, which is witnessed by the Coans themselvs in a publick Decree or Epistle, in answer to Artaxerxes his most imperi∣ous demand, that Hippocrates should bee rendred up to him; wherein the Coans slighting the threats of that great King, decreed that what hazzard soêver they might seem to run, Hippocrates should by no means bee rendred. They added also to that Decree k 1.10 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 &c. How that when his Predecessors, Darius and Xerxes, had by their Letters demanded Earth and Water, the people of Coos did in no wise yield it; forasmuch as they were satisfied, that those who had sent unto them were mortal, as well as other men. And in the Greek Copies of the Historie of Judith, Na∣buchodonosor beeing about to denounce War against the neighbor-Nations, saith expresly, the form of submission which hee expected was, l 1.11 that they should provide for him Earth and Water. Unless they conceiv themselvs to bee Lords of the Waters as well as the Land, I do not well see wherefore they should de∣mand Earth and Water as tokens of universal Domi∣nion. Moreover also, Achmes Ben Seirim, an Arabian, writing of the Sea saith, that according to the Doctrine of the Indians, Persians, and Egyptians, in expounding of dreams, m 1.12 If any one (in a dream) seem to himself to bee made Lord of the Sea, hee shall bee heir of the whole Kingdom, and shall reign. Add hereunto that Oracle of Delos concerning the Sea-Dominion of the Athenians. The men of Athens offering sacrifice in Delos, a Boy that drew water to wash their hands, poured Fish out of the pot together with the water. Hereupon this

Oracle was delivered by the Priests, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, That they should becom Lords of the Sea. The Autor is one Semus an antient Writer in n 1.13 Athenaeus; where Phylarchus also relate's, how that when Patroclus, a Captain of Ptolomie, the son of Lagus, had sent fish and fresh figs to∣gether unto King Antigonus, and those that stood by were in doubt what was meant by that present, Antigonus, said hee, himself very well appre∣hended what might bee the meaning of Patroclus: For, saith hee, either Patroclus mean's, o 1.14 That wee must get the Soveraignty or Dominion of the Sea, or els gnaw figs. Or that hee must seem slothful and effemi∣nate, or becom Lord of the Sea. Therefore hee made no doubt touching private Dominion of the Sea. And there also the Glutton in Antiphanes the Comedian saith, it is neither profitable for life, nor to bee endured, That som of you should claim the Sea as peculiar to themselvs, and spend much monie up∣on it, but no victual for Navigation, not so much as a bit. Add also that of Theocritus, touching the Do∣minion of Ptolomeus Philadelphus King of Egypt, over the Sea as well as the Land,

p 1.15 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

Hee is Lord of much Land, and also of much Sea.

And a little after, hee speak's of the Pamphilian, Ly∣cian, and the inner part of the remaining Sea, that the whole Sea, and Land, and Rivers were subject to King Ptolomie. Also, q 1.16 Philo Judeus saith, let not Prin∣ces glory in that they have conquer'd many Na∣tions, or that they have brought all the rivers and Seas so exceeding vast both in Number and magnitude under their power. Moreover, though Isocrates in his Oration

concerning Peace seem's to hint, that the Sea-Domi∣nion and Soveraignty, which the Athenians endevored to maintain, brought many mischiefs upon them; and also that it somtimes occasioned them to use Tyrannie against the Neighbor-Cities of Greece; yet hee dispute's it as a thing that may com into exami∣nation, under the account of profitable and unpro∣fitable, and by accident, of unjust; but hee doth not in anie wise endeavor to prove it unjust from the nature of the thing it self. Yea, in another place hee sufficiently commend's that Dominion, though not all things in preserving it. And the same r 1.17 Autor saith expresly, of both Cities, the Lacedemo∣nian and Athenian; It hapned that both Cities did enjoy a Command of the Sea; which when either of them held, they had most of the other Cities obedient thereto. Wee read also a dispute in Aristotle, s 1.18 concerning a Communion or common enjoyment of the Sea; to wit whether it may bee convenient or not for a well order'd City? whether it were better it should remain common to all men, so that no man might in any wise bee de∣nied passage, traffick, merchandise, and fishing; Or that the use of it may bee so restrained, that it might bee received into the Dominion of any Citie, so as to exclude forreiners? Hee dispute's this point whether it bee profitable, or unprofitable, but question's it not at all as unjust; having been abundant∣ly instructed out of the Customs of the Nations round about, touching a propriety of the Sea as well as the Land. Also his Scholar Alexander the Macedonian, beeing victorious in the East, prepared for an expedition against Europe, that Hee, might becom Lord of the whole Land and Sea, as saith the Emperor t 1.19 Julian. And truly among the People of Greece, especialy such as border'd

upon the Sea, and others of that nature in the East, to hold supreme power and Soveraigntie above o∣thers, and to enjoy a Soveraigntie of the Sea, were acoounted almost one and the same thing. Nor did they conceiv that could bee obteined without this. From whence arose that Council of Themisto∣cles, which Pompey the great also followed at Rome; u 1.20 Qui mare teneat, eum necesse esse rerum potiri &c. Hee which can possess the Sea, must need's have Command of all. So also saith Jsaac w 1.21 Casaubon upon Polybius; To have Dominion of the Sea (which is expressed by the Greeks 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) is wholly, and ever hath been a great strengthning, and as it were a pledg of extraordinarie power. Therefore, the old writers of Chronicles among the Grecians, seeing before the institu∣tion of the Olympiads, there was no Sovereign power of any People of Greece in beeing, upon whose actions a knowledg of times might bee grounded, therefore among the other times that they made use of for the computing of times, they omitted not that particular, but carefully kept an accompt of those People, who had once enjoyed a Dominion of the Sea, and they exactly observed in their Chronologies all such changes as hapned in that matter. But you have more then enough touching those Customs that have been received in the East, about the Dominion of the Sea.

Notes

• a 1.1

  Josep•• ••••n. Gorion. lib. 3. cap. 12. Edit Mun∣ster. Ebra o∣lat••in sol.
• b 1.2

  Herodotus, lib. ••.
• c 1.3

  Jos. Scali••er ad Festum, verb. AE••••p∣tinos, & Ni∣col. Fuller, Miscellan. lib. 4. cap. 20.
• d 1.4

  apud Pho∣tium, cod. 250.
• e 1.5

  De vita Apollonii, lib. 3. cap. 11.
• f 1.6

  De Relus Alexandri, lib. 4.
• g 1.7

  A••ranius apud. Festum, v••r••. Tyria Maria.
• h 1.8

  Herodotus lib. 4.
• i 1.9

  Polybius, lib. 9.
• k 1.10

  Hippocra∣tes, Epistol. 9.
• l 1.11

  Judith, cap. 2. 7. Grac••.
• m 1.12

  Cap. 178.
• n 1.13

  Dipnosoph. lib. 8.
• o 1.14

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• p 1.15

  Jellio. 17.
• q 1.16

  Lib. de plan∣tatione Noe.
• r 1.17

  In Panathe∣naïco.
• s 1.18

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• t 1.19

  In Oratione 3. seu Euse∣biae Encomio.
• u 1.20

  Cicero ad Atticum, lib. 10. Epist. 7. Plutarch. in Themistocle.
• w 1.21

  Comm. in Polybinm pag. 199.