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.
- Title
- 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.
- Publication
- 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.
- Link to this Item
-
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- 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 May 12, 2024.
Contents
-
NEPTUNE to the COMMON-WEALTH of
England. - title page
-
TO The Supreme Autoritie OF THE NATION, The PARLAMENT of the Com∣mon-wealth of
ENGLAND. - THE AUTHOR'S PREFACE.
- contents
- Amend the Errors thus.
-
treatise
-
OF THE DOMINION, OR, Ownership of the Sea. BOOK I.
-
The
Division of the Work, and theMethod of the first Book.CHAP. I. -
What Occurrences seem to oppose the
Domi∣nion of Sea, and what Arguments are wont to bee made against it.CHAP. II. -
What is meant by the word
SEA, in the Question. Also a division of theLAVV, in order to the discours.CHAP. III. -
Of Dominion,both Commonto all, and Private.Also its Original, either by Distribution,or Primarie Occupation.CHAP. IV. -
The effects of
private Dominion. And what regard hath been had of theSEA, in the more antient Distributions and Di∣visions of things.CHAP. V. -
That the
Law of God, or theDivine 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. -
That the
natural-Permissive Law (whereof any use may bee in this place) is to bee de∣rived out of theCustoms and Constitu∣tions of the more civilized and more nobleNations, both antient and modern.CHAP. VII. -
The manner, whereby the
Law Permissive touching private Dominion of the Sea, may bee drawn out of the Customs of manyAges and Nations. That there were Testimonies hereof manifest enough in theFabulous Age. Also, a word by the way, touching theMediterranean Sea in possession of the Romanes, when theCommand thereof was committed toCneius Pompeius. CHAP. VIII. -
The first
Dominion of the Sea among theGreeks in theHistorical age; that is, the Dominion of King Minos, or the Cretan.CHAP. IX. -
That after Minos of Crete,
Seventeen Na∣tions of Renown in the East, succeeding each other, did for very many years even without Intermission, enjoy a Dominion of theSy∣rian, Egyptian, Pamphylian, Lydian, andAEgean Sea, no otherwise than of the Continent or Islands.CHAP. X. -
Touching the
Sea-Dominion of theLacede∣monians andAthenians. Moreover al∣so, that it was acknowledged not onely by theGreeks, but also by thePersians, in a Treatie of Peace.CHAP. XI. -
Other Testimonies, which are found scatter'd up and down, touching the Dominion of the Sea, in the
Customs of theEastern Na∣tions. CHAP. XII. -
Of the
Spinetans, Tuscans, Carthaginians, and other Lords of the Sea in theWest. CHAP. XIII. -
The Sea Dominion of the people of
Rome, and of such as followed their Customs in theEastern Empire. CHAP. XIV. -
The Dominion of the Sea, as it belonged to
private persons under theRoman Em∣pire, together with thatSanction esta∣blished in the Eastern Empire; whereby the perpetual community of the Sea which was pretended to by som, beeing utterly abolished as athing unjust, the Dominion even ofprivate persons therein is asserted.CHAP. XV. -
Touching the Dominion of the Sea, accor∣ding to the Customs of such Nations as are now in beeing. First of the
Adriatick Sea belonging to theVenetians, theLigu∣stick to theGenoëses, theTyrrhen to theTuscans, and lastly of the Sea belonging to theChurch, or Pope ofRome. CHAP. XVI. -
Concerning the received Customs of the
Portu∣gals andSpaniards, about the Dominion of the Sea.CHAP. XVII. -
How far private Dominion over the Sea is admitted, according to the Customs, or opi∣nion of the
French. CHAP. XVIII. -
The private Dominion of the Sea, accor∣ding to the received Customs of the
Danes, the People ofNorway, theSwedes, Polanders, andTurks. CHAP. XIX. -
An Answer to the Objection, concerning
Free∣dom of Passage toMerchants, Strangers, andSea-men. CHAP. XX. -
An Answer to that Objection concerning the uncertain
fluid nature of the Sea, and its continual Alteration. It is proved, thatRivers also, and theadjoyning Aër (which are more fluid and uncertain) may becom appropriate.CHAP. XXI. -
An Answer to the Objections touching the de∣fect of
Bounds andLimits in the Sea; as also concerning itsmagnitude andinex∣haustible abundance. CHAP. XXII. -
An Answer to such Testimonies as have faln from
Writers treating of other subjects, and which are usually alleged against Do∣minion of the Sea.CHAP. XXIII. -
An Answer to the Objections taken out of
Antient Lawyers. CHAP. XXIV. -
Touching the Emperor
Antoninus his Answer;that himself was Soveraign of the world, but the Law (as 'tis commonly translated)of the Sea; in L. Deprecatio, ff. tit. de Lege Rhodiâ.The true mean∣ing of the said Answer, anda new, butgenuine Exposition of it. Also, that it comprehend's nothing which may in any wise oppose aDominion of the Sea. CHAP. XXV. -
An Answer to the
Opinions ofmodern Lawyers, so far as they oppose aDo∣minion of the Sea; especially ofFer∣nandus Vasquius, andHugo Grotius. CHAP. XXVI.
-
The
-
Touching the DOMINION, OR, Ownership of the Sea. BOOK II.
-
The order or
Method of those things that are to bee handled in this Book. TheBritish Ocean divided into four parts.CHAP. I. -
That the
antient Britains, did enjoy and possess theSEA of the same name; espe∣cially theSouthern andEastern part of it, as Lords thereof, together with the Island,before they were brought under the Romanpower. CHAP. II. -
That the
Britains were Lords of theNor∣thern Sea, before they were subdued by theRomans. And that the Sea and the Landmade one entire Bodie of theBritish Empire. CHAP. III. -
That the Dominion of the
British Sea,fol∣lowed the Conquest of great Britain it self, under the EmperorsClaudius andDomitian. CHAP. IV. -
Touching the Dominion of the
Romans in theBritish Sea,as an appendant of the Island, from the time ofDomitian to the EmperorConstantius Chlorus, orDio∣cletian. CHAP. V. -
Touching the Dominion of the
Southern andEastern Sea, as anAppendant of the British Empire, from the time ofConstantine the Great till the Romansquitted the Island. That it was all un∣der the Command of theCount of the SaxonShore throughout Britain. Also concerning theBritish Navie, under theRomans. CHAP. VI. -
An Examination of the Opinion of som learned men, who would have the
Saxon Shore, from whence thatCount or Com∣mander of the Seathroughout Britain had his Title, to bee the British Shoreon this side of the Sea; which is plainly proved to bee fals.CHAP. VII. -
Som Evidences concerning the
Soveraigntie and inseparable Dominion of the Isle of Britainand the Sea belonging there∣to, out ofClaudian, and certainCoins of the EmperorAntoninus Pius. CHAP. VIII. -
Touching the Dominion of the British Sea, after that the Inhabitants had freed themselvs from the Romane power.CHAP. IX. -
It is proved, both from the very beginning of the Saxons Reign,as also from their Forces and Victories by Sea,that the Eng∣lish-Saxons, and Danes,who ruled the South-part of Britain,had Dominion over the Sea. CHAP. X. -
The Sea-Dominion of the English-Saxons,and Danes,during their Reigns in Bri∣tain,observed in like manner, from such Tributesand Dutiesof their Fiduciarie Clients or Vassals, as concerned the main∣tenance of the Navie.Also, concern∣ing the Tribute or Paiment called Dane∣geld,which was wont to bee levied for the Guard of the Sea. CHAP. XI. -
The Testimonies of
Edgar andCanutus, Kings ofEngland, with others expressly declaring theDominion which they and their predecessors had overthe Sea; toge∣ther with an observation touching the Na∣tions which in that age were seated upon theopposite Shore. CHAP. XII. -
Several Testimonies concerning the Sea-Do∣minion of the Kings of England,
since the Norman Conquest, set forth inGeneral Heads. CHAP. XIII. -
That the Kings of
England, since the co∣ming in of the Normans, have perpe∣tually enjoied the Dominion of the Sea flowing about them, is in the first place proved from theGuard orGovernment thereof, as of aProvince orTerritorie; that is to say, from the very Law of theEnglish Admiraltie. CHAP. XIV. -
The Dominion of the English Sea asserted from those
Tributes orCustoms that were wont to bee imposed, paid, and demanded, for theGuard orProtection thereof, after theNorman Conquest.CHAP. XV. -
Observations touching the Dominion of the
English andIrish Sea, from thetenor and varietie of thoseLetters Patents orCom∣missions Roial, whereby theAdmirals of England were wont to bee put in Au∣toritie.CHAP. XVI. -
It is proved by words plain enough in the
form of the Commissions for the Government or command of the highAdmiral of Eng∣land, from antient to the present time, that the Sea, for whose guard or defence, hee was appointed by the King of England as Lord and Soveraign, was ever bounded to∣wards the South, by the shore ofAquitain, Normandie, andPicardie. CHAP. XVII. -
Touching the
Admirals of theKingdom of France, or thoseconstituted upon the opposite Shore; theirOriginal, nature, andvarietie. That the Sea it self flow∣ing between Britain and France,is not conteined in that command of his, as of one that is Governor of aTerritorie or Pro∣vince; nor is there any thing in it that may oppose the Dominion of the King ofEngland by Sea.CHAP. XVIII. -
That in the Dominion of those
Islands ly∣ing before the shore of France, which hath ever been enjoied by the Kings ofEngland, it appear's that the possession of theSea wherein they are situate, is derived from their Predecessors.CHAP. XIX. -
The Dominion and possession of the Sea as∣serted on the behalf of the Kings of Eng∣land, from
that leav of praeter-Naviga∣tion orpassage which hath been usual∣ly eithergranted by them to Foreiners, ordesired from them. CHAP. XX. -
That
Licence hath been usually granted to Foreiners, by the Kings of England,to fish in the Sea; Also, that theProtecti∣on givento Fisher-men by them, as in their own Territorie, is an antient and manifest Evidence of their Dominion by Sea.CHAP. XXI. -
The Dominion of England made evident from the
laws andlimits usually set by our Kings in the Sea, to suchForeiners as were at en∣mitie with each other, but in amitie with theEnglish. And concerning the King'sClosets orChambers in the Sea. Also touching that singular privilege ofperpetual truce (or ex∣emption from hostilitie)in the Sea about those Isles which lie before the shore of Nor∣mandie.CHAP. XXII. -
Certain
publick Records, wherein of old the Dominion of the Sea is,by the way, asscri∣bed to the Kings of England, both by theKing himself, and also by theEstates of Parlament, debating of other matters, and that inexpress words, andwith verie great deliberation, as a known and most undoubted Right.CHAP. XXIII. -
Of divers Testimonies in our own
Law-Books, and themost received Customs, whereby the Sea-Dominion of the King ofEngland, is eitherasserted oradmit∣ted. CHAP. XXIV. -
Som antient
Testimonies of less account, touching the Sea-Dominion, whereof wee Treat.CHAP. XXV. -
That the Sea-Dominion of the Kings of
Eng∣land is acknowledged byForeiners, whom it most concern's, by theirusual striking of Sails, according to antient Custom. Also concerning two Edicts or Ordinances that were set forth about this Thing, by the Kings ofFrance. CHAP. XXVI. -
A Recognition or Acknowledgment of the Sea-Dominion of the King of England,
made by very many of the Neighbor-Nations round about, in anantient Libel publickly exhibited, or in a Bill of Com∣plaint instituted by them, together with the English,against Reyner GrimbaldGover∣nor of the FrenchNavie. Also, touching a Recognition of this kinde implied in his Defence.CHAP. XXVII. -
A Copie, orTranscript of theLibel orBill of Complaint, mentioned in the former Chapter.CHAP. XXVIII. -
A Recognition or acknowledgment of the Sea-Dominion of the Kings ofEngland, made by theFlemings in anAmbassy toEdward theSecond. CHAP. XXIX. -
Of the Dominion of the King of Great Bri∣tain in the
Irish andWestern Sea, consi∣der'd singly and apart by it self.CHAP. XXX. -
Touching the Dominion of the King of Great Britain
in the Scotish Sea, especially toward theEast andNorth. CHAP. XXXI. -
Touching that Right which belong's to the King of Great
Britain, in the main and open Sea of the North. And the Con∣clusion of the Work.CHAP. XXXII.
-
The order or
-
OF THE DOMINION, OR, Ownership of the Sea. BOOK I.
- title page
-
ADDITIONAL EVIDENCES
Concerning the RIGHT OF SOVERAIGNTIE and Dominion ofENGLAND in the SEA; Collected Out of certain publick Papers, relating to the Reigns of K.JAMES, and K.CHARLS. - title page
- AN ADVERTISEMENT TO THE READDER.
-
Dominium Maris: OR, THE DOMINION OF THE SEA.