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.

Several Testimonies concerning the Sea-Do∣minion of the Kings of England, since the Norman Conquest, set forth in General Heads. CHAP. XIII.

FOllowing the Order and Method of our Enqui∣rie, in the next place wee treat of the Sea-Domi∣nion of the Britains, since the coming of the Nor∣mans into England. And in the first place our Discours shall bee of the Dominion of the English Sea, or that which flow's between England and the opposite shores or Havens of the Neighbor-Nations. Now whereas it is confessed on all hands, that all Dominion is chief∣ly founded upon just possession or occupation, and its continuance, and that possession is not supposed to bee had, by the act either of the minde or bodie singly and apart (as a 1.1 Paulus long since hath well determined) but is most firmly gotten and retained by the joint con∣currence of minde and bodie; whereupon it is distin∣guished into b 1.2 Civil, that is, where there is a right or ti∣tle by Law, and Natural or Corporal, and it is requisite that this Dominion receiv a signal confirmation by a long continued assent, a free and publick confession or acknowledgment of such neighbors whom it most concern's: First then, as concerning the Corporal or Natural possession of this Sea, as well as that which is Civil or by Law, and is retained by the act of the minde, wee shall give you very ample Testimonies since the time of the coming in of the Normans. And

in the next place, wee will shew how this Dominion of the Kings of England hath been acknowledged by those Foreign or Neighbor-Nations, whom it most concern's. But forasmuch as what wee shall thus speak of the English Sea in general, will chiefly relate to the Southern and Eastern, or that which hath the English shore on one side, and France and Germanie on the o∣ther, wee will therefore discours severally of that which lie's to the West of England, and also of the Scotish Sea, or that which lie's more Northerly.

As concerning the possession of the English Sea, both Corporal and Mental, or Civil, continued for that space of time which wee now speak of, with the like Dominion arising and retained thereupon, there are divers notable and very clear testimonies thereof, which for Methods sake wee divide into eight heads; whereof

• I. The Custodie, Government, or Admiraltie of the English Sea, as a Territorie or Province be∣longing to the King.
• II. The Dominion of those Islands that lie be∣fore the French shore.
• III. The Leav of passage through this Sea grant∣ed to Foreiners upon request.
• IV. The Libertie of Fishing therein allowed up∣on courtesie to Foreiners and Neighbors, and the Protection given to Fisher-men.
• V. Prescribing of Laws and Limits to Foreiners, who beeing in Hostilitie one with another, but both in amitie with the English, made Prize of each other in this Sea.
• VI. The Records whereby this Dominion is expressly asserted by the By, as a most un∣doubted

• right; and that no•• onely by the King, but by the Parlaments of England, when they debated of other matters.
• VII. The Commentaries of the Law of the Land, and common customs of the Nation, which do either assert or at least allow such a Do∣minion.
• VIII. Som antient Testimonies of inferior note.

All the testimonies almost that are comprehended in this Division, are indeed domestick; but so pub∣lick, and of so approved credit, that hardly any thing can bee imagined, which might give a clearer proof of possession whether Civil, as they call it, consisting in the act and intention of the minde, or Natural, which require's the presence of the Bodie. As it will appear to any man that pleas to make enquirie. E∣specially if hee add hereunto the judgment or acknow∣ledgment of such Forein Nations whom it chiefly concerned, whereof wee shall treat also by and by▪ But of these things severally, and in order.

Notes

• a 1.1

  L. 3. F. tit. de Acquir. vel amitt. posses∣sione.
• b 1.2

  Hugo Do∣nellus, de Ju∣re Civili, l. 5. Cujacius, ob∣servat. l. 9. ca. 37. l. 10. C. tit. de acquir. possess. & reti∣nendâ.