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 Testimonies of Edgar and Canutus, Kings of England, with others expressly declaring the Dominion which they and their predecessors had over the Sea; toge∣ther with an observation touching the Na∣tions which in that age were seated upon the opposite Shore. CHAP. XII.

THat wee may at length set an end to that fourfold distribution which wee made of the Testimonies of that Age, let us in the last place add the ex∣press determinations of King Edgar and Canutus con∣cerning their own Dominion over the Sea. As for Edgar, the title which hee commonly used, ran thus; a 1.1 I Edgar Soveraign Lord of all Albion, and of the Maritim or Insular Kings inhabiting round about. So hee make's the bodie of the British Empire to comprehend all the Mari∣tim Kingdoms that lay about, that is to say, all that are Situate in the British Sea. And this hee more plainly declare's in the Charter or Deed by which hee setled re∣venues on the Cathedral Church of Worcester, in the year DCCCCLXIV; if so bee the copie were rightly rendred by those who many years since printed so much of it as concern's this title. The words are these, b 1.2 Al∣titonantis Dei largifluâ clementia qui est Rex Regum, Ego

Edgarus Anglorum Basileus omniúmque Regum insularum, Oce∣anique Britanniani circumjacentis (so John Dee, a man very well seen in most parts of Learning, did read it a good while since, save onely that in stead of (Britannian) hee hath (Britanniani) while c 1.3 others reade, Insularum Oceani quae Britanniam circumjacent) cunctarúmque nationum quae infra eam includuntur Imperator & Dominus; gratias ago ipsi Deo omnipotenti Regimeo qui meum imperium sic ampliavit & exaltavit super regnum patrum m••orum; qui licèt Mo∣narchiam totius Angliae adepti sint à tempore Athelstani (qui primus regnum Anglorum & omnes nationes quae Britanniam incolunt, sibi armis subegit) nullus tamen ill••rum ultra ejus fines imperium suum dilatare aggressus est. Mihi autem concessit propitia divinitas cum Anglorum imperio omnia regna Insularum Oceani cum suis ferocissimis regibus usque Norwegiam, maxi∣mámque partem Hiberniae cum suâ nobilissimâ civitate Dub∣linia, Anglorum regno subjugare. Quos etiam omnes meis imperiis colla subdere (Dei favente gratiâ) coëgi.—By the abun∣dant goodness of Almightie God who is the King of Kings, I Edgar King of England, and of all the Kings of the Islands, and of the Ocean lying round about Britain, and of all the Nations that are included within the circuit thereof, Supreme Lord and Governor, Do ren∣der thanks to the same Almightie God my King who hath enlarged my Empire thus, and exalted it above the Royal Estate of my Proge∣nitors, who although they arrived to the Mo∣narchie of all England ever since the time of Athel∣stane (who was the first that by force of Arms subdued the English, and all the Nations that inhabite Britain) yet none of them ever attempted to promote their Empire beyond the bounds thereof. But the divine goodness hath favored

mee so far as beside the English Empire▪ to enable mee to subdue all the Kingdoms of the Ilands in the Ocean with their most stout and mightie Kings, even as far as Norway, and the greatest part of Irland, together with their most famous Citie of Dublin. All which (by God's grace and assistance) I have subdued and made their necks to stoop under the yoke of my command. Whereas hee saith, that none of his Progenitors had at∣tempted to enlarge their Empire beyond the bounds of Britain, it must bee so understood, that it bee taken for the Northern and Western bounds of the British Empire, as sufficiently appear's by the mention of Irland and Norway. So that then more Islands than the name of Britain did comprehend, or than the Isles of that Sea, together with the Sea it self, were brought under his Dominion.

But King Canutus (or Cnute) hath left a testimonie al∣so, whereby hee most expressly asserts the Sea to bee a part of his Dominion. Hee placing himself on a seat by the Sea side as it flowed upon Southampton Shore, having a minde to demonstrate to his flatterers, that Kings themselvs are but men, is reported to have made trial of the obedience of the Sea (it beeing flood) after this manner, Thou, O Sea, art under my domi∣nion, as the Land also upon which I sit is mine. And there never was any that disobeied my Command without punishment. Therefore I command thee not to ascend up upon my Land, nor do thou presume to wet the feet or gar∣ments of thy Sovereign. But the Tide (saith Hun∣tington, and Florilegus who relate this storie) swelling as at other times, did very unmannerly wet not onely the feet, but legs of his Majestie. Whereupon the King leaping up 〈1 page duplicate〉〈1 page duplicate〉

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proclaimed with his own mouth none to bee wor∣thy the name of King, but him alone who command's both the Sea and land, and they obey. And from that time hee refused to wear his Crown of Gold; consecra∣ting it to a Crucifix. In the mean time, hee here openly professed himself to bee the Soveraign of the Sea as well as of the land. Hereunto may bee added som testimo∣nies of other Writers, which although they are of a later date than the Kingdom of the English-Saxons, yet they are transmitted to posteritie by the hands of such as were perfectly acquainted with the English Historie, and by the Tradition of their Ancestors well infouned of the most authentick Opinions and Resolvs concern∣ing the English Dominion over the Sea. Geof••rie Chaucer (who was not onely the most famous Poêt of his time, but, as Learning went in those daies, a very well accomplisht Scholar) in one of his Canterburie Tales, bring's in his Man of Law telling a storie which hee would have relate to the time of Alla King of Northum∣berland, who reigned thirtie years; and his Reign began in the year of our Lord DLIX. In this Tale there is brought in a Ladie, called Constantia, the Daughter of I know not what Roman Emperor, married to the King of Syria; driven shee was by weather to a place which lay under the command of a Fortress upon the Shore of Northumberland, and there the Ship ran aground; shee was a Christian, banished for her Religion, and there taken Prisoner by the Commander of that Fortress. In this Relation of the sad adventures of Constantia, hee saith (what indeed is true) that Christian Religion was not received into any part of that Terri∣torie, but that Pagans had over-run and did hold those Northern Countries under their Dominion as well by Sea as Land. His words to this purpose are these,

In all that lond dursten non Christen rout; All Christen folk been fled from the Countre Through Paynims that conquer'd all about The plagues of Northumberland by land & See.

Hee said discreetly, that the neighboring Sea fell to the Conquerers of this Isle as well as the Land, knowing what was the resolution and generally received opinion of his Ancestors concerning that matter Hee lived two hundred and thirtie years ago in the time of Richard the Second. Nor is it any prejudice to this autoritie, that the other things there related are fabulous; For wee know that out of the Fables of Heliodorus, Achilles, Tatius, Theo∣dorus Prodromus, Eustathius, and such others, whether of an amorous or any other strain, somtimes many use∣ful observations may bee gathered concerning the cu∣stoms, manners, and received opinions, as well of the men among whom they are feigned to bee acted, as of the times to which they are related. John Harding also, who, in the time of Edward the Fourth, wrote an Historie of the affairs of England in vers, when hee reckons up those Princes that sware fealtie to King Canutus for the Lands which they held of him, d 1.4 hee adds

So did the Kings of Wales of high parage, And all the North-west Ocean For their kingdoms and for their lands than;

That is to say, the same was don at that time by the greatest Kings of Wales, and of all the North-western Sea, for their respective Kingdoms and Territories. Thus Canutus was King of the Kings of that Sea, which hee himself also sufficiently declares, when hee expressly affirms in what was before related, that the Sea it self was under his

Dominion. And so much for testimonies, to prove that the British Sea hath been possessed not onely by the Britains, after they had cast off the Roman yoke, but also by the English-Saxon, and Danish Kings.

Moreover, it seem's they did use to take a kinde of cours for the strengthning and preservation of their Dominion, both by Sea and Land, as the antient Ger∣mans (of whom both Danes and Saxons are a part) were wont to do for the defence of their midland Cities. A∣mong them (saith e 1.5 Caesar) it was the highest glory to make very large depopulations, and lay all the Countrie round about them waste; measuring their honor by their distance from any neighbor, and accounting it the onely token of valor when none durst plant themselvs within their reach; and besides, they thought by this means to render themselvs more secure by remo∣ving the fear of any sudden incursion. So it hath been the manner of those that at any time have made themselvs Masters of the Kingdom of Britain, to extend their Dominion in the circumambient Sea to the largest Cir∣cuit, scouring the Seas about, and keeping other Na∣tions at a distance, as it were from the Wall or Pre∣cinct of the Island. Nor were those German Cities more Masters of that waste part of the Countrie that lay about them, then the King's of Britain were over the Sea of the same name. But as wee observed before of the Scots and Picts, in the time of the Romans, so here also it is to bee noted of the Norwegians or Normans, (for many times they are to bee taken for one and the same people) and other Northern Nations, That those British Isles which are situated in the West and Northern Sea, were somtimes so possessed by the Scots and Picts, as also by the Norwegians, and such others as infested the Northern Sea, and invaded the Isles ly∣ing between them and Britain, that it is not to bee

doubted, but they also according to the various altera∣tion of their Dominions by Land, succeeded one ano∣ther for that interval of time, in the possession of a proportionable part of the Sea also, as an Appendant to every one of the shores of Britain The Scots (saith an f 1.6 unknown Autor, speaking of the year DCCCXLVI) for many years became Tributaries to the Normans, who without any resistance entred and settled themselvs in the Isles lying round about. And as touching the Naval affairs of the Normans in our Sea, there are many passages to bee seen in Regino the Abbat, Aimoinus and other Writers of that Age. But in the mean time it is sufficiently manifest, that as by reason of the tumultuarie & unsetled posture of affairs in those daies, the Dominion of the Island it self was very often tossed to and fro; so also the Domi∣nion of the Sea was in like manner attempted, di∣sturbed, invaded, recovered, and defended, as that which did inseparably follow the Dominion and So∣veraigntie of the Island. Wee are not ignorant that in the French Histories there are now and then som pas∣sages that speak of their Naval power in this Age, which are collected by g 1.7 Popelinerius. But there is no∣thing to bee gathered from them that may set forth the least sign or shadow of a Soveraigntie or Dominion over the Sea. Very few indeed are to bee found, and such as either concern onely the defending the mouths of their Rivers against the Normans and Danes then ro∣ving up and down our Sea, or the subduing of the Friezlanders, and som of the Neighbor-Nations. Where∣unto also som other passages relate, which wee shall mention by and by, when wee com to speak of the Admirals of France.

Notes

• a 1.1

  Apud Guil. Malmsbur. de gest. Regum. lib. 2. cap. 8.
• b 1.2

  Inspexi∣mus in Rot. Pat. 1. Ed. 4. part. 6. Sic habetur apud Joan∣nem Dée in Monarch. Britannic. pag. 58. & 60. And in Purchas his Pilgrimage, part. 3. lib. 3. cap. 19. pag. 619.
• c 1.3

  Edward Coke, in his Preface ad Commenta∣riorum Ju∣ris, lib. 4. And James Usher Bishop of Armag••, in Epistol. Hi∣bernicarum Sylloge, pag. 121. ubi vide item▪ p. 163.
• d 1.4

  Chap. 117.
• e 1.5

  De Bello Gallico, l. 6.
• f 1.6

  In Gestis Normanno∣rum, pag. 2. Vide Aimoi∣num, de Ge∣stis Franco∣rum, lib. 4. ca. 90. & 100. de Norman∣nis.
• g 1.7

  L'Amiral de France, chap. 6. & 7.