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.

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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
http://name.umdl.umich.edu/A59088.0001.001
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 June 6, 2024.

Pages

Page 205

That the Dominion of the British Sea, fol∣lowed the Conquest of great Britain it self, under the Emperors Claudius and Domitian. CHAP. IV.

AFter that the more Southerly part of Britain had been brought into subjection by the Emperor Claudius, and the Isle of Wight taken in by surrender, the British Sea, as of necessitie following the fate of the Island, was together with it annexed to the Roman Empire; at least so far as it was stretched before that part of the Isle which was sub∣dued. Whereupon, a a 1.1 Poët of that Age write's thus to the Emperor Claudius touching the Conquest of Britain,

Ausoniis nunquam tellus violata triumphis, Icta tuo, Caesar, fulmine procubuit. Oceanúsque tuas ultra se respicit aras; Qui finis mundo est, non erat Imperio.
That Land where Roman Triumphs ne're appear'd, Struck by thy lightning, Caesar, down is hurl'd. Since thou beyond the Sea hast Altars rear'd, Thy Empire's bound is larger then the world.

Page 206

And then hee goe's on,

Euphrates Ortus, Rhenus recluserat Arctos, Oceanus medium venit in Imperium.
Euphrates Eastward did thy Empire bound, And on the North the Rhene, The Ocean in the middle beeing plac't, Did lie as part between.
Here hee saith, that the Sea it self was with Britain subdued to the Roman Empire; as afterward also hee speak's more expressly.
At nunc Oceanus geminos interluit Orbes: Pars est Imperii, Terminus antè fuit.
But now the Sea betwixt two worlds doth flow; The Empirs part, which was its Bound till now.
The British Sea was the Bound of the Roman Empire between France and Germanie. But immediately after the Conquest of Britain it became a part of the Em∣pire. Hee proceed's again thus;
Oceanus jam terga dedit; nec pervius ulli Caesareos fasces, imperiúmque tulit.
The Sea's subdu'd; and though it were till now Open to none, to Caesar's Sword doth Bow.
And then,
Illa procul nostro semota, exclusáque caelo Alluitur nostrâ victa Britannis aquâ.
Though conquer'd Britain far from us do lie The water's ours that on the shore flow's by.

Page 207

Hee call's the Sea Our water, beeing no less conquer'd, than the Island it self. From whence also hee write's, that the Roman Empire was begirt with the Ro∣man Sea, to wit, after Britain was subdued,

Quam pater invictis Nereus vallaverat undis.
Which the Sea had fortified with uncon∣quer'd waters.
The Empire of the waters ever followed the Domini∣on of the Island. And b 1.2 Seneca, concerning the same Emperor and this Sea, saith;
—paruit liber diu Oceanus, & recepit invitus rates. En qui Britannis primus imposuit jugum, Ignota tantis classibus texit freta.
The long unconquer'd Sea obedience gave, And, though unwilling, did his ships receiv. Hee first the Britains to the yoke brought down, And with huge Navies cover'd Seas un∣known.
Moreover, the same Author in Apocolocynthosi;
Jussit & ipsum Nova Romanae Jura Securis Tremere Oceanum.
Hee gave new Laws unto the Sea, as Lord, And made it treamble at the Roman Sword.
This is plainly to bee understood of the British Sea. And Hegisippus an old Autor▪ (representing the person of King Agrippa speaking to the Emperor Claudius) saith, c 1.3 It was more to have passed over the Sea to the Britains, then to have triumphed over the Britains them∣selvs.

Page 208

But what could they do, when the Elements were once subdued to the Roman Empire? The Sea taught them to bear the yoke of servitude, after that it self had upon the arrival of the Roman Shipping acknowledg'd an unusual subjection. Hence it was also, (asd 1.4 Suetonius saith) that in honor of the Prince, the resemblance of a Ship was fixed upon the top of the imperial Pa∣lace. But these particulars relate onely to the more Southerly part of the Sea. Claudius never had any Navie sail to the North; For, his Conquest reached not so far. But the Romans sail'd about the Island first in the daies of Domitian, and then it was, that they first discover'd and subdued that remotest part of the Sea. Tacitus, in the life of Agricola who was Lievtenant in the Province of Britain, saith, the Roman Navie sailing then the first time (under Domitian) about the Island, affirmed this Coast of the remotest (Caledonian) Sea to bee the Isle of Britain, and hee discover'd and subdued also those Isles called the Orcades, which had been unknown till that time. To the same purpose also speak's Juvenal,

e 1.5 arma quidem ultra Littora Juvernae promovimus, & modò captas Orcadas.—
W' have born our Arms beyond the Irish Main, And th' Orcad's Islands which were lately ta'ne.
Lately taken hee saith, that is, in the time of Domi∣tian. And therefore it is a manifest error in Eusebius Hieronymianus, who saith, That Claudius added the Or∣cades Isles to the Roman Empire: yet hee is followed by Orosius, Cassiodorus, Eutropius, Bede, Nennius, Ethel∣werdus, and others. But the contrarie is sufficiently

Page 209

proved out of Tacitus alone, a very grave Autor, and one that lived at the same time. But as to those passages found in f 1.6 Valerius Flaccus, g 1.7 Silius Italicus, h 1.8 Statius, and others, touching the Caledonians and Thule's beeing subdued before the daies of Domitian, they are so to bee understood onely, that wee are to conceiv either after the manner of the Poêts, that the name of the more Northerly Britains, is, by the figure Synecdoche, used for all whatsoêver, and Thule it self for any part of Britain; or els that the Caledonians ge∣nerally among the Romans, signified those Britains that were but a little removed from the Southern Shore. For, even i 1.9 Florus write's, that Julius Caesar pursued the Southern Britains into the Caledonian Woods: That is, plainly, into the Woods of the more Southerly part of Britain: But when Julius Agricola had, in Domi∣tian's time, reduced the Isle by force of Arms both by Sea and Land, and sailing round about with a Navie, had discover'd the Caledonian Sea properly so named on every side, which the Britains (as hath been observed alreadie) called the secret part or Closet of their Sea, and had taken in the Orcades; wee ought to conclude that then that more Northerly Sea also was added to the Roman Empire, and so that the Romans were Lords over all the British Sea, no otherwise then of the Island: Which also is con∣firmed in plain terms by Tacitus, who speaking of Agricola's design to war upon the Caledonians, saith, hee first provided a Fleet, which attended in gallant Equi∣page to back his Forces; at which time hee prosecuted the war at once both by Sea and Land, and oftentimes in the same Camp, the Hors and Foot and the Sea-Souldiers ming∣ling mirth and companie together, extoll'd every one their own hazards and Adventures; one while they boasted the

Page 210

heights of Woods and Mountains; another while the dangers of Storms and Tempests; som vaunted of their exploits against the Enemie by Land, others of their Conquests by Sea, making comparisons, souldier-like, with many brava∣do's. The Britains also, as it was understood by the Pri∣soners, were at their wits end upon the sight of his Navie, as if upon this opening the Closet or secret part of their Sea, there remained no farther refuge in case they were overcom. This is a most clear Testimonie touching the Do∣minion of the British Sea, shewing that the Britains and Caledonians first, and the Romans afterward be∣came Lords thereof. A doubt hath been made by learned men, whether inlargement of Dominion, or Con∣quest by Sea, should bee read in that place: But both the Readings plainly point out an acquisition of Do∣minion. And if you read inlargement of Dominion by Sea, it signifie's that the Caledonian Sea was then an∣nexed▪ to the other Sea, which together with the more Southerly part of the Isle, had by the Emperor Claudius been added to the Roman Empire. And that the British Sea was thus reduced at that time under the Roman power, as a perpetual and inseparable ap∣pendant of the Island, was perhaps conceited by k 1.10 Papinius, when hee thus bespake Domitian, in whose time this Conquest was made of the Britains;

—maneas hominum contentus habenis, Undarum Terraeque potens—
Long maist thou joy in the Command, Of men, and sway both Sea and Land.
Truly, a l 1.11 late Writer also saith, that Julius Caesar did assert to himself a Dominion over British Isle and Sea. And this hee saith upon very good ground, whilst hee join's the Dominion of both together, as undi∣vided;

Page 211

but upon none at all, when hee ascribe's onely a Dominion of the Isle to the same Caesar.

Notes

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