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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
what an extraordinarie plentiful and gainful Herring-Fishing the Hollanders and Zelanders use to have in the neighboring Sea having first obteined leav from this Castle according to the antient Custom For the English have ever granted them leav to fish reserving alwaies the honor and privilege to themselves but through a kinde of negligence resigning the profit to Strangers For it is almost incredible what a vast sum of m●nie the Hollanders make by this Fishing upon our Coast. So he There is another man also of very great skill and knowledg in Sea-affairs who in the time of Q. Elisabeth presented a Book to the Parlament written in the English Tongue about the Commoditie of Fishing wherein hee write's that the Hollanders and Zelanders every year toward the later end of Summer send forth four or five hundred Vessels called Buffes to fish for Herrings in this Eastern Sea Where before they fish they ask leave of Scarborough which are his very words Care was taken also by Proclamation in the time of K. James that no Foreiner should Fish in the English or Irish Sea or that which belong's to the other Isles of the Realm of England without leav first obteined and every year at least rene●ed from the Commissioners appointed for this purpose at London And touching the libertie of fishing granted at other times also to Foreiners by the Kings of England there are many Testimonies in other Writers But the caus why wee do not often meet with the Forms of those Licences granted either for passage or fishing in the English Sea was plainly this becaus by the Leagues that were made with the neighbor Princes a Licence or freedom of that kinde as also of Ports Shores Passage and other things was so often allowed by both Parties that as long as the League was in force the Sea served as if it were a common Field as well for the Foreiner that was in amitie as for the King of England himself who was Lord and Owner But yet in this kinde of Leagues somtimes the Fishing was restrained to certain Limits which is a thing chiefly to bee consider'd The limits related both to place and time So that according to agreement the Foreiner in amitie might not fish beyond these Limits the K. of England reteining a Dominion over the whole adjoining Sea Touching this there is a notable Example in the time of our Henrie the Fourth An agreement was made betwixt the Kings of England and France that the Subjects of both might freely use Fishing throughout that part of the Sea which is bounded on this side by the Ports of Scarborough Southampton and on the other side by the Coast of Flanders and the mouth of the River Seine The time also was limited betwixt Autumn the Kalends of Januarie following And that the French might securely enjoy the benefit of this agreement our King directed Letters to that end unto all his Sea-Captains and Commanders Here you see plainly those Limits wholly excluded the French from that part of the Sea which lie's toward the West and South-west and also from that which lie's North east of them as beeing so limited by our Henrie at his own pleasure as its Lord and Soveraign Nor was there so much as the least shadow of right or Prerogative whereby the French King might seem to have any interest as a Lord or Owner in the setting of these Limits seeing that part of the Sea which was secluded did not touch upon any Shore of his in the North nor had hee any Countrie lying before the Sea in the South except Normandie or in the West the rest beeing held either by the Duke of Bretaign or by the King of England as wee have alreadie observed From hence truly it was a Custom for the Kings of England to give protection to Fisher-men that were Strangers somtimes by Proclamation and somtimes with a Fleet of men of War when they went to Fish either by agreement made upon treatie or by leav obteined qualifications beeing added according to the English King's pleasure There is among the Records of the time of Edward the First an Inscription Pro hominibus Hollandiae c. For the men of Holland and Zeland and Friesland to have leav to fish near Jernemuth The King's Letter for their protection follow 's thus The KING to his Beloved and Trustie John de Buteturte Warden of his Port de Jernemuth Greeting For as much as Wee have been certified that many men out of the parts of Holland Zeland and Friesland also who are in amitie with us intend now to com and fish in Our Sea near Jernemuth Wee command you that you caus publick Proclamation to bee made once or twice everie week that no persons whatsoëver imploied abroad in our service presume to caus any injurie trouble dammage hindrance or grievance to bee don unto them but rather when they stand in need that yee give them advice and assistance in such manner that they may fish and persue their own advantage without any let or impediment In Testimonie whereof Wee have caused these our Letters to bee made Patents to continue in force till after the Feast of St Martin next ensuing Witness the King at Wengham the XXVIII day of September Which was in the XXIII year of his Reign and of our Lord MCCXCV The same day also in favor of the ●arl of Holland and his Subjects hee set forth three men of War toward the farther Coast of the Sea for the safeguard as hee saith in another Letter of those Uessels belonging to your and our own Countrie that are in these daies emploied about the Herring Fishing c. and to guard your Coasts near the Sea Here hee grant's a Protection to fish And in both the Letters hee limits it within the space of two Months Hee alone also protected the Fisher-men upon the Ge●man Coasts which by reason of its nearness hee call's here your Coast near the Sea in his Letter to the Ea●l of Holland as well as upon the English Nor might the Fisher-men use any other kinde of Vessels but that which was prescribed by our Kings Upon which account all kindes of Fishing were somtimes prohibited and somtimes admitted this restriction onely beeing added that they should fish in such Vessels onely as were under thirtie Tuns burthen This appear's by those Letters of King Edward the Third concerning the Laws of Fishing which were directed unto his several Governors of Yarmouth Scarborough Whitby and Donwich Towns seated upon the Eastern Shore The words are these Forasmuch as wee have given Licence to the Fishermen of the aforesaid Town and to others who shall bee willing to com unto the said Town for the benefit of Fishing that they may fish and make their own advantage with Ships and Boats under thirtie Tuns burthen any prohibition or Commands of ours whatsoever to the contrarie notwithstanding wee command you to permit the Fisher-men of the aforesaid
by your own Instructions you may fully understand But withal considering that Peace must bee mainteined by the arm of power which onely keep 's down War by keeping up Dominion his Majestie thus provoked finde's it necessarie even for his own defence and safetie to re-assume and keep his antient and undoubted Right in the Dominion of these Seas and to suffer no other Prince or State to encroach upon him thereby assuming to themselvs or their Admirals any Soveraign command but to force them to perform due homage to his Admirals and Ships and to pay them acknowledgments as in former times they did Hee will also set open and protect the free Trade both of his Subjects and Allies And give them such safe Conduct and Convoie as they shall reasonably require Hee will suffer no other Fleets or Men of VVar to keep any guard upon these Seas or there to offer violence or take prizes or booties or to give interruption to any lawful intercours In a word his Majestie is resolved as to do no wrong so to do Justice both to his Subjects and Friends within the limits of his Seas And this is the real and Roial design of this Fleet whereof you may give part as you finde occasion to our good neighbors in those parts that no Umbrage may bee taken of any hostile act or purpose to their prejudice in any kinde So wishing you all health and happiness I rest Your assured friend and Servant JOHN COOK Whitehall 16 April 1635. our style In this Letter you see first how it was held for an undeniable principle that the King was King by Sea as well as by Land That neither the honor nor safetie of this Island and Ireland could bee maintained but by preserving the Dominion by Sea and that it is an argument that they that encroach upon us by Sea will do it also by Land when they see their time Hee declare's also how our unthankful neighbors are risen to this hight and insolence partly by grant partly by connivence but principally through their many injurious abuses of our Patience and Indulgence And lastly you may observ here what resolutions were then taken to prevent the lil●e injuries and preserv our English Interest in time to com But how those Resolutions were followed in the succeeding part of his Reign I shall not stand to examine onely it sufficeth here to take notice that the Claim of Sea-Dominion was made by him as well as by his Father and for a time strenuously asserted though afterward hee slackned his hand in the prosecution whereof the Netherlanders taking advantage and of our late commotions which were their Halcyon-daies and time of Harvest are now advanced to such a monstrous pitch of pride malice and ingratitude that they dare bid defiance to those antient Rights which wee have received from all Antiquitie and justifie their actions by a most unjust and bloudie war in the view of all the world What remain's then but that the Parlament and People of England should lay these things to heart with an indignation answerable to so prodigious violations and invasions They have now an opportunitie and strength given them by God O let not hearts bee wanting to make good the Claim and accomplish that work of establishing our Interests by Sea beyond the possibilitie of future impeachments Let it not bee said that England in the state of Monarchie was able to hold the Soveraigntie of the Seas so many hundred years and then lost it in the state of Libertie It is as now established with its Appendants the greatest and most glorious Republick that the Sun ever saw except the Roman God hath made it so by Land and will by Sea for without this the Land is nothing It was ever so apprehended by Kings yea by the last and worst of our Kings And shall the Founders of this famous structure of Government now in beeing who have cashiered Kings and vindicated the Rights and Liberties of this Nation upon his head and his whole posteritie and partie not assert them against perfidious Neighbors It were unpardonable in any to harbor a thought of that nature or to yield that such a blemish should bee brought upon all those glorious actions and atchievements whereby God hath freed and innobled our Land and Nation But that the people of England may bee excited to a valuation maintenance and improvement of their interest by Sea it is necessarie to let them understand what advantages are to bee made thereby and are made by others who of Usufructuaries by permission have in design now to make themselvs absolute Lords of the Fee And therefore it is very convenient here to set down an excellent Discours which was written in the time of the late King and presented by the following Title The inestimable Riches and Commodities of the British Seas THE Coast of Great Britain do yield such a continual Sea-harvest of gain and benefit to all those that with diligence do labor in the same that no time or season in the year passeth away without som apparent means of profitable imploiment especially to such as apply themselvs to Fishing which from the begining of the year unto the latter end continueth upon som part or other upon our Coasts and therein such infinite sholes and multitudes of Fishes are offered to the takers as may justly move admiration not onely to strangers but to those that daily bee imploied amongst them The Summer-Fishing for Herring beginneth about Mid●ommer and lasteth som part of August The Winter-Fishing for Herring lasteth from September to the mid'st of November both which extend in place from Boughones in Scotland to the Thame's mouth The Fishing for Cod at Alamby Whirlington and White Haven near the Coast of Lancashire from Easter until VVhitsontide The Fishing for Hake at Aberdenie Abveswhich and other places between VVales and Ireland from VVhitsontide to Saint James tide The Fishing of Cod and Ling about Padstow within the Land and of Severn from Christmas to Mid-Lent The Fishing for Cod on the West part of Ireland frequented by those of Biscay Galicia and Portugal from the begining of April until the end of June The Fishing for Cod and Ling on the North and North-East of Ireland from Christmas until Michaëlmas The Fishing for Pilchers on the West coast of England from Saint James-tide until Michaëlmas The Fishing for Cod and Ling upon the North-East of England from Easter until Midsummer The Fishing of great Staple-Ling and many other sorts of Fish lying about the Island of Scotland and in the several parts of the British Seas all the year long In September not many years since upon the Coast of Devonshire near Minigal 500 Ton of Fish were taken in one day And about the same time three thousand pound worth of Fish in one day were taken at S t Ives in Cornwal by small Boats and other poor provisions Our five-men-Boats and cobles adventuring in a calm to launch out amongst the