Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	judge_n	law_n	2,710	5	5.1476	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50499	Observations concerning the dominion and sovereignty of the seas being an abstract of the marine affairs of England / by Sir Philip Medows, Knight.	Meadows, Philip, Sir, 1626-1718.	1689 (1689)	Wing M1567; ESTC R9028	41,043	66

Terms Dominion and Sovereignty I pass to the third and that is the Sea or Seas Whereby Sea is not to be understood such a collective Body of Waters singly and solely as Waters for the moveable inconstant Waters whither of Sea or River barely as such are not a capable Subject of Property but as Waters contain'd within a six'd and certain boundary and supported by a standing Bottom In the First Sense no Man goes twice into the same River in the Second a River is the same in a Succession of Ages And in this later Sense the Sea as it is a solid Alveus or Receptacle of Waters contained within a certain boundary is as truly and as properly Territory as the Land. 'T is Territorium à Terra from the standing bottom of Earth by which the Waters of it are supported and from the unmoveable Shoars of Earth within which those Waters are contained Having sufficiently explain'd the Terms if one now should ask me What is meant by the Dominion and Sovereignty of the British Seas which the Kings of England are said to have continually claim'd in Right of their Crown of England I would Answer By Dominion is meant the publick Property of those Seas as part of the Territory of their Realm of England and consequently all other Princes and People excluded not from all but from an equal use of them By Sovereignty is meant that sole Supreme Rule and Jurisdiction which the Kings of England Successively have over the whole Realm of England of which those Seas are a Part. If he should further ask me how does this Right in the Crown of England appear and by what proofs is it evidenced I would refer him to Mr. Selden whose Proofs and Arguments whether they come up to the height of such a Dominion as I have here described which they ought to do or else will fall short of the Mark is not for me to say I leave that to the Judgment of his Reader wishing they were so convincing and demonstrative that all other Nations as well as our own would rest satisfied therewith But if he asks me of matter of Fact whether the Kings of England have for any long time been in the actual and peaceable Possession of such Dominion as a Right acknowledg'd by the express or implied consent of other Nations this I shall examine by and by But whereas I hinted before that the Dominion of the Crown of England in the British Seas did not exclude other Princes and States from all use but from an equal use of those Seas this needs a little Explication In order to which 't is to be considered that as all Property first began by Humane Fact and Consent antecedent to which was Communion So in this consent was implied a Reservation and benign Exception of such use as might be of great benefit to others without any considerable Damage to the Proprietor A River as a Fishery is a private Dominion no Man may Fish there without the Owner's leave because it would be a diminution of his Profit If Navigable as a Way 't is Publick to all the Subjects of that Prince Quid prolu●●●s aquas 〈◊〉 communis aq tarum 〈◊〉 Ovid. who is Lord of the Territory As 't is running Water 't is common to Man and Beast to Drink of it and Wash with it A Field is a private Property but the Market-Path over it is publick and when it was first made a Property it was with reservation of a Path. For Fields were not distinguish'd by Metes and Bounds to their respective Owners with design to confine every Man to his own home but with exception of Liberty to pass and repass in a harmless manner over each others Properties in pursuance of their lawful Occasions The Sea say we is the publick Property of the Crown of England but yet as 't is a Way 't is common to the peaceable Traders of all Nations A Path over a Field is of some damage to the Soil though compensated with a greater utility but a way over the Sea is of no damage to the Water and the Sea being a fluid Body is all Path where a Ship can Sail and a common Highway from one Nation to another And this is so far from being a damage to any that 't is highly beneficial to all for as there is no Man so Self-sufficient as not to need the continual help of another so neither is there any Country which does not at some time or other need the Growth and Productions of another Well then since 't is the Nature of Property in general so to make a thing mine as 't is not anothers eodem modo in the same manner as 't is mine And the Dominion of the Sea in one Prince does not exclude another from all use of it It may not be unfitly demanded what are those Proper Uses which are so peculiarly reserved to the Crown of England in right of such supposed Dominion as that all other Nations are excluded from them And this will lead me to the Second General Head which I proposed viz. CHAP. II. What Things are incident to the Dominion of the Sea and inseparably follow it I Answer these three Things 1. A Right of Excluding all foreign Ships of War from passing upon any the Seas of England without Special License for that purpose first obtain'd 2. The sole Marine Jurisdiction within those Seas 3. An appropriate Fishery First All Foreigners are Excluded by virtue of such Dominion from a general Liberty without first asking and obtaining special Licence of putting out upon the British Seas Ships sitted and Equipp'd for War when and in what Number they please The reason is plain because 't is the Territory of another Prince And to enter it without leave with an armed Force and in such Numbers as may justly occasion Fear and Suspition of Danger is a publick Hostility The Persians were restrain'd by Pact and League made with the Athenians from entring with armed Vessels within the Cyanean and Chelidonian Islands Plut pi Cim but had the Persians acknowledged the Territorial Property of those Seas to have been in the People of Athens there had been no need of such Pact for in the reason of the thing it self abstracted from Covenant it had been as much an Hostility to have entred those Seas with a Fleet of War as to have Landed an Army upon Attica for both were equally the Athenian Territory Secondly From the Juridical cognisance of all Causes Civil and Criminal for and concerning all Matters and Things done and committed in and upon those Seas the Persons whom those Causes concern there abiding The Reason is because Jurisdiction is an Essential and Inseparable part of the Sovereignty which a Prince has within his own Territory All Foreigners whil'st in it owe him a local Obedience and are triable by his Laws and before his Judicatories only as the sole Supreme Judge of the place And for any to Appeal