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A59088 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.; Mare clausum. English Selden, John, 1584-1654.; Nedham, Marchamont, 1620-1678. 1652 (1652) Wing S2432; ESTC R15125 334,213 600

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they exactly observed in their Chronologies all such changes as hapned in that matter But you have more then enough touching those Customs that have been received in the East about the Dominion of the Sea Of the Spinetans Tuscans Carthaginians and other Lords of the Sea in the West CHAP. XIII NOr is such a Dominion of the Sea as I have mentioned less clear and evident in the antient Customs of the Western Nations The spinetans so called from the City Spina situate near the entrance of the River Po were a long time Lords of the upper or Adriatick Sea beeing wont to send very liberal Tenths out of their profits by Sea to Apollo at Delphos So saith Strabo and Dionysius Halicarnass Who write expresly in like manner of the Tuscans that they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in command of the lower Sea or that which washes the South-Coast of Italy that is in plain terms that they were Lords of the Sea And Diodorus Siculus saith the Tyrrheni or Tuscans possessing the Sea a long time as Lords called it by their own Name But afterwards the Carthaginians became Lords of almost the whole Mediterranean which is more westward to wit of the Sicilian and African Sea who beeing overcom in battel Agathocles King of Sicily enjoied the same power for som time from whom the People of Africa revolting that Dominion was soon restored to the Carthaginians These things were don in CXVIII Olympiad Then for 40. years or thereabout the Carthaginians continued Lords of the Sea and gave Laws thereto that is to say until the fist Punick War whch began in the last year of the CXXVIII Olympiad So also Polybius The Carthaginians enjoying the Dominion of the Sea without controversie And a little after The Carthaginians enjoyed the command of the Sea without all controversie as received from their Ancestors But the Carthaginians enjoyed the same even long before the time of Agathocles as it sufficiently appear's by that League of all that was made first of all betwixt them and the Romanes at the beginning of their Consuls or about the sixtie eight Olympiad One Article thereof is in Polybius who onely mention's it to this effect That neither the Romanes nor their Confederates were to sail beyond the fair Promontorie unless driven by Tempest or forced by enemies That was a promontorie of Africa and the Carthaginians were so far Lords of the Sea that they would not permit the Romanes or their Confederates to sail beyond that Promontorie which the Romanes themselvs acknowledged to bee just in the League that they made But in the second League or Treatie of Peace betwixt these famous Nations in the West it was farther provided that no Romane should touch either upon Africa or Sardinia unless it were either to take in Provision or repair their Ships as you may see also in Polybius so that the use of the Sea was taken away or restrained And hereunto belong's that of Pompeius Festus touching the Paeni or Carthaginians The Carthaginians having their original from Tyre were so powerful at Sea that Navigation was hazardous to all men For the Carthaginians were the chief of the Poeni Moreover Julius Caesar writing of the Veneti a people of Western Gallia about the entrance of the River Loire and of old very industrious in Sea-affairs above their Neighbors saith That in a great and open current of the Sea having but a few Ports lying here and there which are in their possession they make almost all men pay Custom that were wont to use the same Sea Tribute was paid to them as Lords for the use of the neighboring Sea Nor must wee pass by that here which Paulus Warnfredus relate's of Autharis King of the Lombards There was a Pillar placed within the very waters of the Sea which wash the City of Rhegium To that Pillar saith Warnfredus King Autharis came on hors back and touched it with the point of his spear saying even in this place shall bee the bounds of Lombard●e But wee must treat next concerning the people of Rome the most noble precedent of all both for Law and Custom The Sea Dominion of the people of Rome and of such as followed their Customs in the Eastern Empire CHAP. XIV BEfore the first Punick War the Carthaginians and the Romanes both strove with equal Forces and affections for the Empire of the World save that they of Carthage seemed the more potent by reason of that Dominion of the Sea by them held so many years But then C. Duillius beeing made General of a Navie of CLX Ships riding at Anchor and arm'd within sixtie daies after the wood had been cut almost undid Carthage in that Sea and wholly reduced it under the Romane power And Florus saith when the Sea and the Isles were taken away it shamed that noble Nation to pay Tribute who were wont to command it So the Carthaginians beeing deprived of this kinde of Dominion the Romanes got it by the Law of Arms and Victorie so great and so constant honor beeing for this caus paid to so renowed a General that Minstrels were ever sent to make him musick after Supper and a Torch was carried before him Moreover both the Phaenicians and Cilicians had Dominion over the Romanes Sea as appear's by the League made betwixt them and Antiochus King of Syria wherein it was thus provided That Antiochus should surrender his long ships and their warlike furniture and not have more than ten nimble Gallies none of which should bee rowed with above thirty Oares nor so much as a Galley with one range of Oares when hee shall have any occasion to make a War Nor should hee sail on this side the Promontories of Calycadnus or Sarpedon unless it bee a ship imploied to convey money pay or Embassadors or Hostages So saith Livie But wee read in Polybius Nullam habeto triginta remis actam navem Let him have no Ship rowed with 30 Oares In like manner Hannibal in a speech made unto Scipio saith thus Wee deny not but that all those places are yours for which the War hath been undertaken Sicilie Sardinia Spain and all the Isles contained in the whole Sea betwixt Africa and Italie And may wee Carthaginians that are confined within the shores of Africa see you when it so pleaseth the Gods ruling foreign Dominions by Land and Sea And a little after the Peace beeing agreed five hundred Ships of the Carthaginians that were rowed with Oars were by them seized and burnt To wit that they might not use the Sea which was then to bee in the Dominion of others Afterwards also the Senate of Carthage was chastised becaus they had an Army and materials for shipping contrary to the League And it was decreed that War should bee proclaimed against them becaus they had caused their Armie to march beyond their bounds c. Also Plinie saith expresly concerning Pompey the great That
him out of the Catalogue of the Admirals of France yet Joannes Tilius placing him among the Governors of the French Navie call's him Roverius Grimaldus Hee also is that Admiral of the King of France who as Joannes de Beka saith had command of three hundred and fiftie Gallies that were sent by Philip the Fair in the year MCCCIV to aid the Hollanders against the Flemings There are also several particulars in the Records of France which relate to the differences then on foot between the English and French And although that Libel or any Copie of it bee not found therein if wee may credit Tilius who set forth a Catalogue of that kinde of Records yet there is that Commission among them whereby the aforesaid Auditors or Commissioners were autorised to determine of things don contrary to the League It is described by Tilius after this manner Pouvoir donè par le Roy Edovard à deux nommez accordez de sa part pour avec les deux eleuz de la part du dit Roy Phelippe d' enquerir amendir les forfaictes durant lour trefue le Dernier Juin MCCCIII Ou tresor layette Procurationes posse potestates Angliae K. Power was given by king Edward to two persons named and appointed on his part to meet with two persons chosen on the behalf of the said king Philip to make enquiry and give remedy touching Injuries committed during the Truce betwixt them the last of June MCCCIII in the Treasury in the Box intituled Procurationes posse potestate●s Angliae K. The Commissions bear date the same day and year whereby these Auditors or Commissioners were appointed for this purpose as wee observed before out of our own Records Nor is it of any force here to the contrarie that Commissioners were somtimes deputed in the same manner by the Princes of the shores on both sides of the Sea as also by the aforesaid Kings to determine complaints about robberies and other injuries usually don by private persons to one another by Sea and Land For if any one will collect thence that the Princes which deputed them had both an equal right in the Sea it may as well bee concluded upon the same ground that they were but part-owners of their own Countries and had an equal interest in each other 's Land Besides in such a kinde of deputation as that there is more regard had of the persons offending that are to bee tried than of the Dominion of Territories which truly is wholly to bee discovered som other way A Recognition or acknowledgment of the Sea-Dominion of the Kings of England made by the Flemings in an Ambassy to Edward the Second CHAP. XXIX TO these let us add now the assent and voluntarie acknowledgment of the Flemings in the Parlament of England in the Reign of Edward the Second When as the Ambassadors of Robert Earl of Flanders complained of the taking of their Goods away at Sea imploring remedie of the King of England they said more than once that they were taken upon the English Sea towards the parts about Crauden within the power of the King of England and brought into England but that it appertained to the King of England to take cognisance of the crime for that hee is Lord of the said Sea and the aforesaid depredation was committed upon the aforesaid Sea within his Territorie and Jurisdiction which are the words of the Record but I shall set down the whole so far as it relate's to this business Memorandum That whereas for the reformation of certain injuries in an amicable way don by the Subjects of the Earl of Flanders to the Subjects of the Kingdom of England and by the Subjects of the said Kingdom to those of Flanders since the time that our said Lord the king undertook the Government of his kingdom several Treaties had been held between the Council of our said Lord the king and the Ambassadors of the said Earl often sent into England upon the aforesaid occasion which Treaties by reason of som impediments that happened did not a●tem the desired effect at length in the Parlament of our said Lord the king held at Westminster in oc●abis Sancti Micha●lis in the fourteenth year of his Reign there appeared certain Ambassadors of the said Earl to treat about reforming the aforesaid injuries in the form aforesaid And when as the said Ambassadors had been admitted by our said Lord the king to treat anew of this kinde of Iniuries these Ambassadors as other Ambassadors of the aforesaid Earl in the aforesaid Treaties did among other particulars that they required before all things make supplication That the said Lord the king would at his own s●●t by virtue of his Roial Autoritie caus enquirie to bee ma●● and do Justice about a certain depredation la●ely made by the Subiects of England as they said upon the English Sea of Wines and divers other Merchandises belonging to certain men of Flanders towards the parts about CRAUDEN within the Territorie and Jurisdiction of our said Lord the king alleging that the aforesaid Wines and Merchandises taken from the said Flemings were brought within the R●●●m and Jurisdiction of the said Lord the king and that it belong'd to the king himself so to do for that HEE IS LORD OF THE SAID SEA and the aforesaid depredation was made upon the said Sea within his Terr●●or●● and Jurisdiction In conclusion after diligent consideration had of the Premisses in the same Parlament with the Prelates Earls Barons and other Peers of the said Realm beeing there present it was concluded upon their advice by the said Lord King that to preserv the benefit of Peace between the Subjects of England and ●landers the said Lord king do by his Roial Autoritie caus enquirie to bee made about the Goods taken at that time upon the aforesaid English Sea towards the said place of CRAUDEN and brought within the said Realm in those places where the Malefactors went with the goods so taken to the said Land of England and caus the same depredation to bee heard and determined according to Law and Reason and that the Owners of the Ships who had a hand in the said depredation and others who knowingly received the said Offendors with the Goods so taken in whole or in part may bee charged and punished thereupon as partakers of the aforesaid depredation So far that Record And Commissioners were appointed with power of Jurisdiction by the King's Commission through most of the Maritim Counties to make reparation of damages But becaus there are upon the shores over against us especially those of Zealand and there are also upon other neighboring shores besides Inlets of Rivers very many windings and turnings of the Sea flowing in whereby the land is so interwoven up and down that it cannot well bee but that the Sea also which flow's in and oftentimes remove's Banks and make's Harbors there in the same manner almost