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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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unto them by God and therefore that those Precepts are to bee observed in that vast Ocean as in the Territorie of Israël The chief Autor of this opinion was an antient and very famous Interpreter of the Law by name Rabbi Jehuda who also from the express words of the Holie Law above-mentioned conclud's that the western Ocean thus bounded on both sides was assigned His Doctrine is deliver'd after this manner as wee finde it in the most antient Digests of the Jewish Law Whatsoëver lie's directly opposite to the Land of Israël it is of the same account with the Land of Israël according as it is written As for your West-Border let your Border bee or you shall have the great Sea Also let this bee a Border to you or your Border To wit the Border of the Sea or of the West Also the Collateral Islands situate on both sides in the same direct line fall under the same accompt with the sides themselvs So that if a line were drawn from Cephaloria through the Isles to the main Ocean and from the River of Egypt to the Ocean then that which is within the line is to bee taken for the Territorie of Israël and that which lie's without the line to bee out of the Dominion of Israël The line drawn from Cephaloria was directed by the Promontorie of mount Hor or Amanus as is said before For that Citie was seated on the top of that mountain which is here the North-east Border as it is observed in the Gloss upon the place alleged and in many other There also this opinion is thus explained According to this opinion of Rabbi Jehuda all that Sea which lie's opposite to the length of the Land of Israël even to the main Ocean West-ward where the world it 's self is bounded is to bee reckon'd within the Territorie or Dominion of Israël even as it is written the great Sea and your Border the whole place wee gave you a little before out of Numbers where and your Border is added the more fully and plainly to intimate that the great and wide Sea is contained also within it's Border And it follow 's there thus Between those little Cords or Lines directed as wee said on both sides to the main Sea there are Islands belonging to the Territorie of Israël the Islands and waters have both the same Law c. Hence also the ordinarie Jewish Gloss upon those words in Numbers And you shall have the great Sea saith The Isles that are in the midd●st of the Sea even they also are part of the bound or Border But the Jewish Paraphrase is more plain there And let your Border bee the great Sea that is the main Ocean and it's Isles and Cities and Ships with the principal waters that are in it Nor was it upon any other ground that Rabbi Aben-Ezra Rabbi B●chai and others conceived so great a part of the Sea did belong to the Israëlites by this assignation that they interpret the great Sea also to reach through the Sea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the Spanish Sea distant so many miles Westward from the Continent of Israël In both the forenamed places the words are The great Sea to wit the Spanish And your Border as if it had been said The great Sea shall bee your possession which of it self also is your Border But in the mean while it is to bee consider'd that the whole western Ocean as far as the narrow channel of Cadiz is by the Arabians and so by the modern Jews who were their Disciples indifferently called the Romane Sea mare Al-shem or the Sea of Damascus that is the Syrian Sea mare Al-Andalús or the Spanish and lastly the mediterranean Sea the whole beeing denominated from the Coasts of som particular Countries As it may bee clearly collected both out of the Nubian Geographie as also out of the Geographical Abridgment of Abu Elchasen Hali an Arabian But this is most certain that the name of the Spanish Sea hath been used here by the Rabbins not from such a promiscuous or common denomination of the Sea but according to the explanation of such an antient Assignation of the Dominion of Israël as wee have mentioned And so this first opinion would have the whole Western Ocean as far as the streights of Cadiz which the Antients thought the utmost bound of the world to bee reckoned for that part of the Territorie of Israël which is included within the lines drawn from the Promontorie of mount Hor or Amanus and the entrance of Pelusium into the West But by the other opinion which seem's much more agreeable to reason it is determined that the Divine Assignation of the Territorie of Israël is comprehended indeed within more narrow Bounds of this Sea but yet Sea-room large enough so that according to this opinion the North and South-Borders do end at the very shore or at the utmost point of the said Promontorie North-East and at the entrance of Pelusium towards the South not stretching any farther into the West But indeed the Autors of this opinion would have a streight line drawn from that Promontorie to the entrance of Pelusium to wit from the North-East into the South thereby to limit and bound the Western part of the Dominion of Israël so that what portion soëver either of the Sea or the Isles should bee comprehended within such a line or lie on the East side of it the whole were to bee reckoned a part of the Territorie of Israël as well as any Coast upon the Continent or main Land And so after this manner the aforesaid line included within the nooks and windings of the shore of that Territorie possessed by the Tribes of Asher Ephraim Dan Zabulon and Simeon was situate before very large spaces of of the Sea for above two hundred miles and supposed to bee of the same accompt with the shore it self In the Digests of the Jewish Law this opinion is explained thus That it may bee known what com's under the name of the Territorie of Israël and what is to bee reckoned out of that Territorie as to the North-East and Western bounds whatsoëver is stretcht forth on this side and within Mount Amanus is the Territorie of Israël And that which is placed beyond that Mountain is without this Territorie And so by the same reason it is to bee determined touching the Isles of the Sea that are seated over against that Mountain Let a small Cord or Line bee drawn over those Islands from Mount Amanus to the river of Egypt that is conteined within the Line is the Territorie of Israël but that which lie's without the Line is no part of that Territorie With this agree's that of Ezekiel concerning the Sea-Coast of the holy Land after hee had described the South part which is near the Sea The West side also shall bee the great Sea from the border till a man com over against Hamath This is the West