The manner, whereby the Law Permissive touching private Dominion of the Sea, may bee drawn out of the Customs 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. CHAP. VIII.

THe Ages, out of whose Monuments and Actions the aforesaid Customs, determinations, and De∣cree's of People and Nations, are to bee derived, I divide into two parts. Into the Fabulous Age, and the Page  47 Historical. But wee do not, according to Varro, call that Fabulous which wholly preceded the beginning of the Olympiads; but that which is obscured onely by the most antient Fables, at least under a fabulous Represen∣tation; The Historical beeing in the mean time di∣vided into that which is more antient and compre∣hend's the Customs of such Empires and Com∣mon-wealths as expired som Ages past; And into that which is modern, and shew's the practice of those Nations, in the present case, which are now in Beeing. But in applying our selvs unto the fa∣bulous Age, wee do not ground Arguments upon Fables, as they are meer Fables; but wee manifest Historical Truth out of the most antient Historians, though wrap't up in the mysteries of Heathen Priests and Poëts. For, (as a Lactantius saith well) even Those things which the Poëts speak are true, but cover'd under a certain veil or Figure. And yet they have so veiled the Truth with Fiction, that the Truth it self might not take off from the common belief of the People. They write, that in the fabulous time afore-mentioned, the Ti∣tans beeing subdued, the Brother-Deities, Jupiter, Pluto, and Neptune, divided the world by Lot; And that Heaven was allotted unto Jupiter, Hell to Pluto, the Sea to Neptune. But omitting those Trifles, whereby the vulgar suffered themselvs with patience to bee cozen'd, touching the Heaven or Skie, the kingdom of Hell or of the dead, and of the whole Earth's beeing common, after this division, to all the b Brothers, som of the Antients have taught, that the Truth it self which lay couched in this Fable, was quite another Thing. They say these were not gods, but men. Also that Jupiter was not King of Heaven, but of the Eastern part from whence the Page  49 Light first dawn's upon mortal men; by which means also it seemed the higher part, and therefore was called Heaven: And that Pluto was King of the West, which point's at the Sun's setting and Night, from whence it was said to bee lower and Hell. Lastly, that Neptune was Lord of the Sea and the Isles scatter'd therein. Thus it appear's here, that a private Domi∣nion of the Sea, no otherwise then of the Land, arose from Humane distribution. And that the case stood thus, it was affirmed long since by Euhemerus Messe∣nius, an old Autor, in his Historie of the Affairs of those men who were supposed gods, recorded and translated by Ennius. For, Lactantius saith thus; c Concerning the lot or share of Neptune, it is manifest I say, that his King∣dom was such as was that unlimited command of Cneius Pompeius, who, by decree of the Senate, had Autoritie gi∣ven him over all the Sea-Coast for suppressing Pirats, and scouring the whole Sea. Thus all things belonging to the Sea with its Islands fell by lot unto Neptune. But how may it bee proved? To wit, by antient Histories. Eu∣hemerus an old Autor, who was of the Citie of Messina, hath collected the Affairs and Atchievments of Jupiter and others that are reputed gods, and compiled a Historie of th•se sacred Titles and Inscriptions that were found in the most antient Temples, and especially in the Temple of Jupiter of Triphylia, where a golden Pillar was placed by Jupiter himself, as appeared by the Inscription: Upon which Pillar hee wrote his own Actions, that it might remain a Monu∣ment of his Affairs unto Posteritie. This Historie Ennius did both translate and follow, whose words are these; Ju∣piter grant's the Dominion of the Sea unto Neptune, that hee might reign over all the Islands, and all Places near the Sea. But both the Translation of Ennius, and the Com∣mentaries themselvs of Euhemerus, are utterly lost; nor Page  49 is it to bee thought, that they were lost without the knowledg and design of the chief Priests of Ju∣piter and other Deities. For, doubtless whatsoever had been written touching the Originals of the gods, was so much the more odious, by how much the more it did lay them open, and discover, that those great Names which were magnified in their Chap∣pels and Temples, were taken out of the List ei∣ther of great Kings, or Heroes, and obtruded upon the credulous vulgar. For, from hence it was, that Euhemerus, with Diagoras and som others, was branded an Atheist, who is used as a singular Autor, not onely by Lactantius, but also by Clemens Alexandrinus, Eusebius, Augustin, Arnobius, and others; to whom wee know very great credit is given in those Arguments that are pieced together against the vain Theologie of the Heathen. It is (I suppose) the same man that is called by Plutarch d Tegeata, when hee is ranked in the same form with Diagoras. But hee is by the same Autor called Messenius, when as beeing very obstinate in the e superstition of his Ancestors, hee brand's him as a great Patron of Impostures, and beeing induced (it seem's) by hatred against Euhemerus, hee conceit's there never were any such Nation, as the Triphylians or Panchaeans, whereas Panchaea is an Island situate about Arabia in the more Southern O∣cean, wherein Euhemerus placeth the Temple of Jupiter Triphylius, from whence that Storie touching the Do∣minion of the Sea was taken. Truly f Diodorus useth him also, as a grave Autor. A late Lawyer also make's use of that Neptune in Homer,

Page  50But of those things which were distributed by lot, I have taken the Sea for my share, that I might dwell therein for ever; so hee translate's it, that hee may with the more confidence take the whole matter related concerning the three Deities, as meant of Noah's three sons. His words are these; g Id proculdubio ex partitione terrarum inter tres filios Noachi, ex quibus Japheto Insulae obvenerunt, causam traxit, It may without question bee proved from that par∣tition of Lands which was made verwixt Noah's three sons whereby the Isles of the Sea fell to Japhet.

So that in that fable hee would have h the Domi∣nion not onely of the Isles, but also of the Sea, to bee assigned unto Japhet. But that which Lactantius saith touching the unlimited Command of Pompey, as parallel to the example of Neptune's Dominion, it is so to bee understood, that regard bee had also, as well of those that gave the Command to Pompey, as of him to whom the Command was given. As for instance, the Cilicians had infested the Seas (as Florus saith) and having spoiled commerce, behaving them∣selvs like enemies of mankinde, they shut up the Sea with warr as it were a tempest. Therefore the Romans, have∣ing a special eye to their provision of Corn, did by a decree of the Senate, procured by Gabinius, send out Pompey to i free the Sea from Pirats. And there was granted unto him by that decree, a Com∣mand of the Sea which lie's within Hercules's pillars; and also of the continent about 400 furlongs from the Sea. Hereupon, beeing master of a huge Navie, and having disposed divers Lievtenants through all parts of his Command, Hee so scoured the whole Sea from the straits of Cadiz to the Cilician Page  51 shore, k that none was able to stand before him either by Sea or Land. Certainely Pompey had a Commission onely as Admiral of the People of Rome, as, Pa∣terculus saith; Mark Antony had the like about two years before. But that people which intrusted him, was Lord of this Sea, as the Romane Territorie, as well as of those 400 furlongs of the Continent, which were joined alike with the Sea in the Grant of that Commission, though no more lyable to Dominion then the Sea it self. Florus saith also; l that Tiberius Nero (who was one of Pompey'es Lievtenants) blockt up the streights of Cadiz, at the first entrance of our Sea. Hee beeing a Romane rightly call's it our Sea (as also m Salust doth more then once) becaus it was so wholy subdued under the Romane power. And Dio Cassius; Hee scoured the whole Sea, which was under the Romane obedience. And, saith Mela, of the Mediteranean Sea, all that Sea, whencesoëver it flow's, or whithersoëver it spread's it self, is called by one name, Our Sea. So it is called likewise by others. n And Mela useth the name our Sea very often afterwards. But more of this hereafter, where wee treat more large∣ly concerning the Dominion of the Romanes by Sea. Nor did Pompey's commission extend onely against those Pirats, as enemies of humane so∣ciety (after the same manner as wee see Com∣missions daily granted against Pirats, that rob and spoil in any Sea not yet possessed) but that very Sea-Territorie, which the Cilicians had invaded, was recover'd by Arms. From whence o Ma∣nilius break's forth in a Poetical rapture,

Therefore, Lactantius ought not so much to have resembled Neptune to Pompey, as to the People of Rome, in beeing Lord of the Sea. Other matters there are in the fabulous time, which beeing spoken of the Gods, may seem to shew, what opinion the Antients were of touching the right and custom of men in this particular. For, when they cloth their Gods with the persons of men, they commonly speak such things of them as belong unto men. From whence H•siod sayeth, Jupiter granted unto Hecate, that shee should possess part of the Sea, as well as the Land. Hereunto also belong's that of Oppianus, concerning p Amphitrite's beeing made Queen of the Sea by Neptune,

Also Nonnus,q

Instances of this kinde are innumerable. And therefore thus much concerning the fabulous time.