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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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.
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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.
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http://name.umdl.umich.edu/A59088.0001.001
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 June 5, 2024.

Pages

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.

AS to what concern's here the Law of God, wee finde very plain passages therein, which do not a little favor a Dominion of the Sea. In that first and most antient Donation of things after the Flood, whereby God invested Noah and his Posteritie, in the Dominion of the whole Earth (of which Globe the Seas themselvs are a part) and of the conterminous Aër, seem's to bee no otherwise granted, then as mention i

Page 28

made of the living Creatures, the Earth, and the Fowls of the Aër. That is, by an express grant of the free use and benefit of the thing, the thing it self was granted or conferred. Nor is the Dominion of the Sea other∣wise granted there, where it is said, a 1.1 The fear of you, and the dread of you (which are Tearms signifying Do∣minion) shall bee also all the Fishes of the Sea. Little different from this is that which was spoken to our first Parents, b 1.2 Re∣plenish the Earth and subdue it, and have Dominion over the Fish of the Sea, and over the Fowl of the Aër, and over everie living thing that moveth upon the Earth: So here also, the grant of the thing it self is signified by its use and en∣joiment. 'Tis confess't, that these words were not meant of private Dominion, or that which was not com∣mon to all men: But yet it appear's thereby, the Earth and Sea did so pass together at first, and after the same manner, into the common enjoiment of mankinde, that from this Donation or Grant of God, wee may well conclude; that their condition, as beeing both but one Globe, must needs bee alike, at the pleasure of men, in the future distribution of Things, or the in∣troducing of private Dominion therein. Neither is the Proprietie, nor the Communitie of either appointed but both seem equally permitted by the very form of Donation. And therefore that is very vain which is objected by som c 1.3, That the Earth is given to the children of men, but that d 1.4 the Sea belong's onely to God himself; as if Dominion not common indeed, but onely a com∣mon use of the Sea, were permitted by the words of ho∣ly Scripture: And as if it were not said in like manner, e 1.5 The Earth is the Lord's, and fulness thereof: The tops of the Hills are his also. Who know's not, that such sayings as these cannot in any wise weaken the Dominion of Mankinde? For, whatsoëver is acquired by men, still

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God Almightie, as Father of the Univers, retein's his supreme Dominion both over men, as also all other Things; which never was denied yet by any sober man. But the Controversie is about the Dominion of man, to wit, that which comprehend's any enjoiment or proprietie whatsoëver, saving still that right of the Dominion of God, which cannot bee diminished. And the distinction about this matter is very ordinarie in the Schools: According to the first sort of Dominion, nothing whatsoëver, much less may the Sea belong un∣to men: According to the second, all things indeed are or may bee theirs, which can bee apprehended, seized, and possessed. And moreover, that in the old Testa∣ment express mention is made more then once of such a Seisure, possession, or private Dominion as this where∣of wee Treat; and that as of a Thing lawfully brought in use. There wee finde that the men of Tyre were Lords and Masters of the Phaenician, and the Egyptians of the Alexandrian Sea. Concerning the Phaenician, saith the Prophet unto Tyrus; f 1.6 All the Princes of the Sea shall com down from their Thrones, &c. And they shall take up a lamentation for thee, and say to thee, how art thou destroyed that wast inhabited of Seafaring men! the renowned Citie, which wast strong in the Sea! Here the Dominion of the Tyrians at Sea is plainly set forth. And in the following Chapter g 1.7, Thy Borders are in the midst or heart of the Sea; as wee read it in the Hebrew, and also in an h 1.8 Arabian Manuscript, which render's it to the same purpose: For, both the Greek and vulgar Translation differ there from the Original. It follow's also thus; i 1.9 All the Ships of the Sea with their Mariners were thine to occupie thy Merchandize. In stead of which last words, these are put in the Greek Copies, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, even Westward of the West, or through a great part of the main or Western Sea; that

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is, the Phaenician or Syrian. Again, k 1.10 Becaus thine heart is lifted up, and thou hast said, I am a God, I sit in the seat of God, in the mid'st of the Sea. Hee threaten's not the Ty∣rian, becaus hee had gotten him a Dominion over the neighboring Sea, but becaus beeing lifted up with pride, hee had taken unto himself the name of God. The Ty∣rian is called likewise in another Scripture the l 1.11 Sea it self, and the strength of the Sea. But concerning the Egyptian Sea, another Prophet speak's thus unto Ninive; Art thou better then populous Alexandria (in the Original the Citie is called No, taken here for Alexandria) which is situate among the Rivers, that hath the waters round about it, whose Riches and strength (as it is in the Hebrew) or (as the Greek render's it) 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, whose Empire or Dominion is the Sea. Moreover, it seem's to make mention of Kings of the Sea, as well as of Islands; m 1.12 The Kings of Tarshish and of the Isles shall bring presents. For, Tarshish or Tharsis in Hebrew signifieth the Sea, n 1.13 as it is often confessed both by the Greek and Chaldee Interpreters. Although Munster, a man otherwise very learned, speak's unadvisedly upon the fore-mention'd place, and will not have Tharsis there to signifie the Sea, becaus (saith hee) Kings have nothing to do at Sea, but rule onely upon Land; forgetting (what wee have alreadie told you) that ex∣press mention is made by Ezechiel concerning Princes of the Sea. With which agree's also that saying, o 1.14 I will set his hand in the Sea, and his right hand in the Flouds; upon which place Aben-Ezra note's, that God Almightie assigned the Dominion of the Sea there unto King David, That hee might rule over those that sailed either through the Sea or the Rivers. It is written thus likewise in the Apocrypha; p 1.15 O yee men, do not men excel in strength that bear rule over Sea and Land, and all things in them? But yet the King is more mightie; for, hee is Lord of all these things

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and hath Dominion over them. And in another place, saith the Angel to Esdras, q 1.16 The Sea is set in a wide place, that it might bee deep and great. But put case the entrance were nar∣row, and like a River, who then could enter the Sea, to look upon it, and have Dominion over it, i hee went not through the nar∣row? The Dominion of the Sea and of the Land is granted alike in both these places. It is said also of King Ahasuerus; r 1.17 That hee made not onely the Land, but all the Isles of the Sea to becom tributarie, which words truly do clearly shew a Dominion of the Sea; for, so they are expressed in the vulgar Edition, out of the Hebrew Original, which is lost. But the Greek Copies are more plain there; s 1.18 The King wrote to his Kingdom of the Land and Sea. Nor must wee omit that of Moses when hee blessed the people; t 1.19 And of Naphtali hee said, Naphtali shall enjoy abun∣dance, and bee full with the blessings of the Lord; hee shall possess or inherit the Sea and the South; as the ••••lgar and the Greek do render that place. But by many others, the Sea is taken there for the West-Quarter, as it is often in the Scriptures. Yet truly, it is clear those words are meant of the Sea of Galilee, or of the Lake of Tiberias, not of the great or Phaenician Sea, which lie's Westward, becaus the Land of Naphtali was situate near that Lake, which also is often called the Sea. As it appear's like∣wise out of Onkelus his Paraphrase, where express men∣tion is made of the Sea of Genesareth, called also the Lake of Tiberias, or the Sea of Chinnereth, and by this name it passeth with the salt Sea, or the Lake of Asphaltites, in the u 1.20 sacred description of the Eastern part of the holy Land. But the former place of Deuteronomie is •…•…usly rendred by Rupert the Abbot of Tuitiu; x 1.21 Mae & Me∣ridiem possidebit, for Mare & Meridiem, hee shall possess the Morning and the South, for the Sea and the South. However, it is clear (I suppose) out of

Page 32

the places alleged, such plain Testimonies are found in holy Writ touching such a Dominion of the Sea, that in the mean time it must bee granted, that according to the Universal Permissive Law, any man may acquire it as well as the Land. And truly, as for those places quoted in the foregoing Chapter, concerning the South, West or Sea and Northen Bounds of the holy Land, they are so understood both by the Jewish Lawyers and Divines, that they would have either the great or Phaenician Sea it self, or at least som adjoyning part of it to bee assigned also by God unto the Israëlites, as Lords of it for ever; of which point wee shall discours a little more fully. As for that which is rendred there out of the vulgar Edition, touching the South Border, y 1.22 As far as the river of Egypt; and it shall bee bounded by the shore of the great Sea, the Hebrew saith, ad orrentem AEgypti unto the River of Egypt (or the North entrance of Nius, which di∣vided the and of Israël from Egypt, at the Sea) & erunt exitus ejus in Mare▪ and the goings out thereof shall bee into the Sea. So that concerning that Borders beeing bounded by the shore (as it is in the vulgar) wee finde it no otherwise expressed there in the Original. Then, it is added next, concerning the West-border or that which is at the great Sea, word for word out of the Hebrew. As for your Sea-border, you may have the great Sea, And let this bee your border, or let it bee your Sea border, or border of the Sea And there the Greek Interpreter's render it thus, you shall have the bounds of the Sea, or they shall bee your bounds. The great Sea shall bound you: wherein (af∣ter their usual manner) they plainly follow the Text of the Samaritan Copie: For, there wee read it thus, And you shall have a Sea-border. The great Sea shall bound you. Let this bee your Sea or Western-border. And thus the word SEA beeing used as well for the Western Quarter as

Page 33

for the Sea it self, that place is for the most part so ren∣dred, that in so short a period the Sea is taken for both. As for the West-Border, you shall have the great Sea. And this Border shall bee your West-Border. As it is expres∣sed by the Jews of Spain; y Termino de ponente; y sera à vos el mar el grande: y Termino este sera à vos Termino de ponente. Thus is also in Onkelus and Erpenius his Ara∣bick; save that Onkelus render's it thus, But your West∣border shall bee the great Sea and the Border thereof; the same shall bee your West-border. But an Arabian Translation in manuscript, for which wee are beholden to the Earl or Arundel's Librarie, after these words, unto the River of Egypt, add's also, And the going out thereof shall bee at the Coasts or parts of the Sea. And the Border of the Sea shall bee your Border. Also the great Sea in their Borders. Thi shall bee your Border from the Sea Coast. But the North part, as appear's by the particulars alleged in the former Chapter, is bounded by mount Hor: so that it ap∣pear's hence, that the more Northerly enterance of Ni∣lus, that is the Pelusiock (as it seem's; for they are not well agreed about the very particular place) served in∣stead of Bounds to the South part of the Land of Israël, which border'd upon the Sea, as also to that part of the Promontorie or foot of mount Hor, which was situated North-East by the Sea. But this mount is that which in the vulgar edition is called an exceeding high mountain. In the Jewish Commentaries it is known also by the name of Amana, and Amanon, and Amanus, and by som it is taken for that mountain in the Canticles, called x 1.23 Amana. And in the Jewish Tar∣gum, z 1.24 Manus is put for mount Hor. It is taken also for Libanus, by such as in their a 1.25 Descriptions of the Holie Land, are wont to make mount Libanus its Northern Border. But as touching this mount Hor or Amanus

Page 34

(of the same name with that mountain, which but's out into the Gulph now called Golfo dell' Aiazza by som also taken for the same b 1.26 or rather mount Taurus) it is described after this manner by Solomon Jarchius, it is seated in a north west corner. It's head bending downward stret∣cheth out into the very sea. And it is wash't in divers places by the main. Betwixt these Bounds, to wit, the Southern part or the Pelusiack entrance of Nilus, and the North-East Bound or Promontorie of the aforesaid mount, the great sea, which is reckoned the Western Bound or Bor∣der, haivng divers windings and turnings along the shore, is stretcht out in such a manner above 200 miles, that if a streight line should bee drawn from the North-East Border to the Southern, a great part of the Sea that extend's it self within the line for so many miles, must needs bee intercepted▪ which also is very easily to bee understood without the help of a Map.

These things beeing thus premised, briefly, but so far as the matter in hand require's, to discover the western part of the Holie Land, bordering wholy upon the Sea, and that according to the judgment of the antient Hebrews, not by modern Descriptions; it is to bee consider'd, that the Jewish Divines and Lawyers, when they discours about the precepts and Laws belonging to the Land of Israël, that is, of those to which they conceiv themselvs not bound by the Holy Law, without the Limits of that Land, use to treat very precisely, even to an hair, touching the Borders of their Dominion, as it was appointed by the Command of God. To wit, touching the Bounds of their Territorie, as the name Territorie signifie's the whole, not onely Lands and Fields, but Rivers also and all other waters within the cir∣cuit of each Citie, as it is rightly taken also by the

Page 35

c 1.27 Civil Lawyers. The Precepts spoken of, are those which are received by the Jews, touching the observation of the Sabbaticall year, oblations of Fruits, the Lvitical custom of Tithing, and others of that kinde. For by the Law of God, they will not yield that those things should bee observed out of the Israëlitish Dominions, although, d 1.28 by Tradition of their Ancestors, they were usually observed in Egypt, Jdumaea, the Land of Moab, and Shinar, both by reason of their neighborhood, and the frequent convers of the Israëlits among them. But now so far as concern's the western or Sea-bordering of the Land of Israël, as it was assigned at first by God, in observing Precepts of this kinde, according to the holie Law, wee meet with two opinions in their Commentaries, from both which indeed it will appear, that the Sea was assigned by God Himself unto the Israëlites, as Lords thereof, in the same manner as the Land, though one opinion as∣sign's larger Bounds, the other much more narrow: So that they all agree about the thing, differing one∣ly about the latitude. The first opinion is of those who affirm, that the whole western Sea (as it lie's before the western Coast of the Land of Israël or as it is bounded inward by streight lines drawn on both sides, from the North-east and South border before mentioned, through that Ocean into the west) together with the Continent was given unto them by God; and therefore that those Precepts are to bee observed in that vast Ocean, as in the Terri∣torie of Israël. The chief Autor of this opinion was an antient and very famous Interpreter of the Law, by name Rabbi Jehuda, who also from the express words of the Holie Law above-mentioned,

Page 36

conclud's that the western Ocean, thus bounded on both sides, was assigned. His Doctrine is deliver'd after this manner, as wee finde it in the most antient Digests of the Jewish Law. e 1.29 Whatsoëver lie's direct∣ly opposite to the Land of Israël, it is of the same account with the Land of Israël, according as it is written; f 1.30 As for your West-Border, let your Border bee, or you shall have, the great Sea. Also let this bee a Border to you, or your Border. To wit, the Border of the Sea, or of the West. Also the Collateral Islands situate on both sides in the same direct line, fall under the same accompt with the sides themselvs. So that if a line were drawn from Cephaloria through the Isles to the main Ocean, and from the River of Egypt to the Ocean, then that which is with∣in the line, is to bee taken for the Territorie of Israël, and that which lie's without the line to bee out of the Dominion of Israël. The line drawn from Cephaloria, was di∣rected by the Promontorie of mount Hor or Amanus, as is said before: For that Citie was seated on the top of that mountain, which is here the North-east Border; as it is observed in the Gloss upon the place alleged, and in many other. There also this opinion is thus explained. According to this opinion of Rabbi Jehuda, all that Sea which lie's opposite to the length of the Land of Israël, even to the main Ocean, West-ward, where the world it's self is bounded, is to bee reckon'd within the Territorie or Dominion of Israël; even as it is written, the great Sea, and your Border (the whole place wee gave you a little before out of Numbers) where [and your Border] is added the more fully and plainly, to intimate that the great and wide Sea is contained also within it's Border. And it follow's there thus; Between those little Cords or Lines (direct∣ed, as wee said, on both sides to the main Sea)

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there are Islands belonging to the Territorie of Israël; the Islands and waters have both the same Law &c. Hence also the ordinarie Jewish Gloss upon those words in Numbers, And you shall have the great Sea, saith, The Isles that are in the middst of the Sea, even they also are part of the Bound or Border. But the Jewish Paraphrase is more plain there, And let your Border bee the great Sea, that is, the main Ocean, and it's Isles, and Cities, and Ships, with the principal waters that are in it. Nor was it upon any other ground, that g 1.31 Rabbi Aben-Ezra, h 1.32 Rabbi Bchai, and others, con∣ceived so great a part of the Sea, did belong to the Israëlites by this assignation, that they interpret the great Sea also to reach through the Sea 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 that is, the Spanish Sea, distant so many miles Westward from the Continent of Israël. In both the forenamed places, the words are, The great Sea, to wit, the Spanish. And your Bor∣der; as if it had been said, The great Sea shall bee your possession, which of it self also is your Border. But in the mean while it is to bee consider'd, that the whole western Ocean as far as the narrow channel of Cadiz▪ is by the Arabians and so by the modern Jews, who were their Disciples, indifferently called the Romane Sea, mare Al-shem, or the Sea of Damascus (that is the Syrian Sea) mare Al-Andalús (or the Spanish) and lastly, the mediterranean Sea; the whole beeing denominated from the Coasts of som particular Countries: As it may bee clearly collected both out of the Nubian Geographie, as also out of the Geographical Abridgment of h 1.33 Abu Elchasen Hali an Arabian. But this is most certain, that the name of the Spanish Sea hath been used here by the Rabbins, not from such a promiscuous or common denomination of the Sea; but according to the explanation of such an antient Assignation of the Dominion of Israël as wee

Page 38

have mentioned. And so this first opinion would have the whole Western Ocean, as far as the streights of Cadiz, which the Antients thought the utmost Bound of the world, to bee reckoned for that part of the Territorie of Israël, which is included within the lines drawn from the Promontorie of mount Hor or Amanus and the entrance of Pelusium, into the West. But by the other opinion, which seem's much more agreeable to reason, it is determined, that the Divine Assignation of the Territorie of Israël is comprehended indeed within more narrow Bounds of this Sea, but yet Sea-room large enough: so that according to this opinion, the North and South-Borders do end at the very shore, or at the utmost point of the said Promon∣torie, North-East, and at the entrance of Pelusium, towards the South; not stretching any farther, into the West. But indeed the Autors of this opinion would have a streight line drawn from that Promon∣torie to the entrance of Pelusium, to wit from the North-East into the South, thereby to limit and bound the Western part of the Dominion of Israël; so that what portion soëver either of the Sea or the Isles should bee comprehended within such a line, or lie on the East side of it, the whole were to bee reckoned a part of the Territorie of Israël, as well as any Coast upon the Continent or main Land. And so after this manner, the aforesaid line, included within the nooks and wind∣ings of the shore of that Territorie (possessed by the Tribes of Asher, Ephraim, Dan, Zabulon, and Simeon) was situate before very large spaces of of the Sea, for above two hundred miles; and supposed to bee of the same accompt with the shore it self. In the Di∣gests of the Jewish Law, this opinion is explained thus; i 1.34 That it may bee known what com's under the name

Page 39

of the Territorie of Israël, and what is to bee reckoned out of that Territorie (as to the North-East and Western bounds;) whatsoëver is stretcht forth on this side and within Mount Amanus, is the Territorie of Israël. And that which is placed beyond that Mountain, is without this Territorie. And so by the same reason it is to bee determined touching the Isles of the Sea that are seated over against that Mountain. Let a small Cord or Line bee drawn over those Islands, from Mount Amanus to the river of Egypt; that is conteined within the Line, is the Territorie of Israël; but that which lie's without the Line, is no part of that Territorie. With this agree's that of Ezekiel, concerning the Sea-Coast of the holy Land, after hee had described the South part which is near the Sea; k 1.35 The West, side also [shall bee] the great Sea from the border till a man com over against Hamath. This is the West, or Sea∣side (or Coast.) The vulgar read's it thus, The great Sea also shall bee its Sea-border, strait along from the border till you com to Emath. This is the Sea-side: Which the Greeks render thus; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. This part is South and South-west, according to the tran∣slation of the fore-going words. Then, according to what hath been alleged out of the Hebrew, it fol∣low's in the Greek, This is part, or this divide's part of the great Sea, untill a man com over against the entrance which lead's to Hemath, even to the entrance thereof. These are they which lie near the Sea of Hemath. So that every Translation speak's to the same purpose. But that which wee have added to the Hebrew, agree's both with the Chaldee Paraphrase, and the Exposition of the Spanish Jews. Moreover, Solomon Jarchius expound's it there after this manner, according to the doctrine of the Antients; From the South-Corner (for, so hee in∣terpret's this word, from the Border) which is the river

Page 40

of Egypt, till a man com over against the entrance which lead's to Hamath; that is, to the Corner situated under the North∣west, which is the very Mount Hor over against the entrance unto Hamath. For, Hamath was seated on the North-west side near Mount Hor. And so that which is cut off here by the Border in a strait line (as the vulgar hath it) drawn from the entrance of Nilus to the Promontorie of Mount Hor, contein's no small portion of the Sea as assigned unto Israël. And this later Opinion is the bet∣ter received, whereby onely the nearer Parts of the Sea are, by God's appointment, conceived to bee in the very same condition with the continent; as appear's not onely out of the more antient Digests, or both Vo∣lums of the Talmud, but also by the Testimonie of those most learned Rabbins, l 1.36 Moses Maimonides and m 1.37 Moses Cotzensis, besides others of a less account, who in express terms imbrace it. Also, according to both these Opinions, that is in the mean time of sufficient Autoritie, which is deliver'd in general terms touching the beyond-Sea Provinces, by n 1.38 Solomon Jarchius, o 1.39 Rabbenu Nissim, p 1.40 Obadiah Bartenorius, and others; to wit, That whatsoë∣ver lie's without the Territorie of Israël, that whole Province or Citie is often comprised under the Notion of the Sea, except Babylon. After the example of the Sea-Provinces, si∣tuated afar off in the West, without the Lines drawn according to this or the other Opinion, the Mediter∣ranean Provinces and Cities also, which were eated in other remote Parts, without the Borders of Israël, have in stead of beeing called a strange Land, been termed the Provinces or Cities of the Sea. Which point is very well handled by Rabbenu Nissim in the former place. But as these, which were seated without their Territorie in the continent, were onely by the said Custom of speech called Cities of the Sea, so also

Page 41

it is clear by what wee have shewn you, that accor∣ding to the same way of speaking it is granted, that other Cities also within their Territorie were seated in the verie Sea. And so at length, from both the Opinions, here recited, wee have sufficiently proved, that such an Exposition of the divine Assignation was received by the antient Interpreters of the Jewish Law, to whom that Assignation was made, that they made no doubt but the Sea was every jot as capable of private Dominion, as the Land; and so reckoned those Islands placed in the neighboring Sea, as belonging to the Territorie of Israël, becaus of their Dominion over the Sea that did flow between them. Nor doth it hinder at all, that in their Assignations or Distri∣butions wee so often finde this Particle usque ad Mare, unto the Sea, as appear's in the former Chapter; or that the Sea was their Border. For, the word usque, until or unto, is not onely often q 1.41 inclusive, but al∣so the Borders or Limits themselves are r 1.42 many times all one with the thing limited; after the same manner as all Bounds that are bounded. Touching which Particular, both the Canonists and Civilians are very Copious; as also the Jews in those other Particulars alreadie mention'd. And therefore wee conclude out of the Premisses, that neither the Divine Law which is universal; nor the Positive, as it appear's, in Scrip∣ture, to bee Imperative or to have a command over som certain Nations (for, there is a true picture of the Im∣perative Law in the aforesaid distribution of Bounds) doth oppose a private Dominion of the Sea; but that both of them do sufficiently allow it; and afford also ve∣ry clear examples of such a Dominion (if wee may be∣liev the Jews themselvs.) In the next place then, let us consider (what is yet behinde) of the Law natural and of Nations.

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