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.
Selden, John, 1584-1654., Nedham, Marchamont, 1620-1678.

The order or Method of those things that are to bee handled in this Book. The British Ocean divided into four parts. CHAP. I.

HAving made it evident, in the former Book, that the Sea is capable of pri∣vate Dominion as well as the Land, and that by all kindes of Law, whe∣ther wee seriously consider the Di∣vine, or Natural, or any Law of Na∣tions whatsoëver; it remain's next that wee discours touching the Dominion of great Britain in the Sea 〈1 page duplicate〉Page  [unnumbered] 〈1 page duplicate〉Page  181 Page  182 encompassing it about, and of those large Testimonies whereby it is asserted and mainteined. Wherein this Method is observed, that in the first place wee premise both the distribution and various appellation of the Sea flowing about it, in order to the Discours. Then it shall bee shewn, from all Antiquitie, down to our times without interruption, that those, who by reason of so frequent alterations of the state of Affairs, have reigned here, whether Britains, Romans, Saxons, Danes, and Normans, and so the following Kings (each one according to the various latitude of his Empire) have enjoied the Dominion of that Sea by perpetual occupation, that is to say, by using and enjoying it as their own after a peculiar manner, as an un∣doubted portion either of the whole bodie of the estate of the British Empire, or of som part thereof, according to the state and condition of such as have ruled it; or as an inseparable appendant of this Land. Lastly, that the Kings of Great Britain have had a peculiar Dominion or proprietie over the Sea flowing about it, as a Bound not bounding their Empire, but (to borrow the Terms used by Surveiors of Land) as bounded by it; in the same manner as over the Island it self, and the other neighboring Isles which they possess about it.

The Sea encompassing great Britain, which in ge∣neral wee term the British Sea, is divided into four parts, according to the four Quarters of the World. On the West lie's the Vergivian Sea, which also take's the name of the Deucaledonian, where it washeth the Coast of Scotland. And of this Vergivian, wherein Ireland is situate, the Irish Sea is reckoned to bee a part, called in antient time the a Scythian Vale, but now the Channel of St George. So that as well that which Page  183 washeth the Western Coast of Ireland, as that which flowe's between great Britain and Ireland, is to bee called the British Sea. For, not onely this (which of old was called great Britain, and somtimes sim∣ply the b Great Island) but also the Isle of Ireland, with the other adjacent Isles, were termed Britanniae: So that many times Albion and Ireland are equally called British Isles and Britannides; as you may see in Strabo, Ptolomie, Marcianus Heracleötes, Plinie, Eustathius upon Dionysius Afer, and others. Moreover, Ireland is called by Ptolomie c 〈 in non-Latin alphabet 〉 little Britain. And, saith Ethelward, an antient Writer, d They go to Ireland, called heretofore Britannides by the great Julius Caesar. Perhaps hee had a more perfect Copie of Julius Caesar's Book: For in none of his Commen∣taries which wee use, is Ireland called by that name. And it hath been observed by e learned men, that that book hath been maimed and alter'd by one Julius Celsus, whose name wee finde now and then in the Manuscript Copies.

Towards the North this Sea is named the Northern, Caledonian, and Deucaledonian Sea, wherein lie scatter'd the Orcades Islands, Thule, and others, which beeing called the British or Albionian Isles; yea, and * Bri∣tannides, gave name to the neighboring Sea. And indeed Thule (which som would have to bee Island; others, and that with most reason, do conceiv it to bee the biggest of the f Shetland or Zetland Isles, called hilensel by the g Seamen, and som there are again that think otherwise) was of old not onely termed a British Isle, but also by som expresly placed in Britain it self. Mahumedes Acharranides an Arabian, called likewise Aracensis and Albategnius, a famous Mathe∣matician, who lived above nine hundred years ago, Page  184 saith, h Som observing the breadth of the Earth from the Equinoctial Line towards the North, have found it to bee determined by the Isle Thule which is in Britain, where the longest day is XX ours; that is to say, Pto∣lomie and his ollowers, who by drawing a Line on the Northside of Thule or the Shetland Isles, through 63 degrees, and a quarter of Northern Lati∣tude, have set it down for the utmost Bound of the habitable world. Yea, and som have used the name of Thule for Britain it self or England. In times past, the Emperor of Constantinople was wont to have trustie Guards called Barrangi, con∣stantly attending his person; who were taken out of England, as appear's out of i Nicetas Choniates; and Codinus also who was keeper of the Palace, k write's that they were wont to salute the Em∣peror with a loud voice 〈 in non-Latin alphabet 〉 in the English Tongue. But in the Storie of l Anna Comnena, the Daughter of Alexius, it is said expressly, that they came 〈 in non-Latin alphabet 〉 from the Island of Thule. In like manner, all the Islands either known or heard of in this Northern Sea, were at length called by the name of British; the utmost Bounds whereof, as also of Thule it self, som of the Antients would have to reach unto 67 degrees of Latitude, or there∣about. And Albategnius, speaking of the Sea as it look's toward Spain, saith; m There are XII Bri∣tish Isles in it towards the North; and beyond these it is not habitable; and how far it stretcheth, is un∣known.

Upon the Eastern Coast of Britain flow's the German Sea (so called by Ptolomie, becaus it lie's before the German Shore.) On the South, flow's that which is particularly noted by Ptolomie to Page  185

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bee the British Sea. But all that was called also the British Sea, which extend's it self like a half Moon along the French Shore, through the Bay or Creek Page  186 of Aquitain, unto the Northern Coast of Spain. For this wee have the Testimonie of Mela, who saith the Pyrenean Promontories do butt out into the British Sea. n The Pyrenie, saith hee, run's first from hence into the British Sea; then turning towards the conti∣ment, it stretcheth as far as Spain. Yet every man knowe's it is called likewise either the French, or Contabrian, or the Aquitanick Sea, from the several Shores which it washeth. But so far even the name both of the British and English Sea was inlarged either by that extraordinarie Command of the people of Britain at Sea, or of such as had atteined the Rights of Do∣minion in Great Britain (which is all one to our purpose.) And it is stretch't likewise by som of the Antients as far as the Promontorie Nerium, now cal∣led Capo di St Maria. The Arabian Geographer saith; o Towards the North, Andaluzia (so the Arabians use to call Spain) is environed by the Sea of the people of England, who are of the Romans, that is, who are of the peo∣ple of Europe; for, it is usual with those Eastern Na∣tions to call the people of Europe, generally either Romans or French. And then hee saith, There are nine Stages from Toledo to St James, which is seated upon the English Sea. Moreover, hee call's the Place, where that Citie of St James is seated, p a Promontorie of the English Sea; and hath divers other passages of the same kinde. Thus at length great Britain, with the Isles lying about it, and the Sea imbracing it on everie side, became as it were one Civil Bodie, so that the whole together is comprehended in the name of British or Britannick. Also, this Sea and Great Britain have in∣deed given mutual names as it were of Dignitie to each other. That is to say, this Island was called by the Antients simply q Insula Caeruli, the Isle of the Sea, Page  187 as that was called Oceanus Insulae, the Ocean of the Isle, or the British Sea.

Having made this preparation, then wee treat first concerning the Sea-Dominion of the Britains, be∣fore they were reduced under the Roman power; Next, touching a Dominion of that kinde belong∣ing to the Romans while they ruled here, continually and necessarily accompanying the Soveraigntie of the Island. Afterwards, it is made evident by such Testimonies as are found among the Antients, that the English Saxons and others who enjoied the supreme Power in Britain, before the Norman's Invasion, had such a kinde of Dominion. Lastly, according to the fourfold division of the British Sea, wee set forth the antient Occupation, together with the long and continued possession of every Sea in particular, since the Norman's time; whereby the true and lawful Dominion and Customs of the Sea, which are the subject of our Discours, may bee drawn down, as it were by a twin'd thred, until our own times. Moreover, seeing both the Northern and Western Ocean do stretch to a very great Latitude (this to America; that not onely to Island and the Shores of Groenland, but to parts utterly unknown) and so it cannot all bee called the British Seas; yet becaus the Nation of great Britain have very large Rights and Privileges of their own in both those Seas, even beyond the bounds of the British name, therefore it was thought fit to touch a little upon these Par∣ticulars.