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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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thing in a manner was acknowledged by a subject of the King of Denmarks no mean man in a Letter that hee wrote som years since to a friend of his in England his name is Gudbrandus Thorlacius Bishop of Hola in Island who in a Letter sent hither Anno MDXCV to Hugh Branham Pastor of Harwich call's the Britains almost Lords there of the whole Sea There is saith hee a report now at this day that you of Britain whom I had almost called Lords of the Sea have Negotiations every Year in Groenland But the Kings of Denmark deny it here and this more Northerly Sea which belong's to Island they challenge to themselvs as they are Kings of Norway and that by antient right if not unjustly pretended To this purpose let us observ that passage which I finde in a speech of the Ambassadors of Erricus the tenth King of Norway and Denmark delivered unto our Henrie the fift which run's to this effect Most victorious King of England may it pleas your Majestie to understand that our most gratious Lord the King of Norway c. aforesaid hath certain Islands to wit Island Jeroy Hietland and manie more belonging to his Kingdom of Norway whereunto of old no persons were wont to repair out of other Countries upon any occasions whatsoëver either of Fishing or Merchandisi●g under pe●il of life and limbs nor might the men of the Kingdom of Norway more than those of other Countries without special licence from his Majestie Nor might they after Licence obteined set forth out of any other place than the Citie of Bergen nor return to the same place but upon inevitable necessitie or when they ought to paie Customs and other Duties to the King's Exchequer according to the most antient Custom of Norway which hath been constantly observed time out of minde in that Kingdom Also in the year MCCCCXLV Christophor King of Denmark and Norway granted the Inhabitants of Zirickzee in Zealand a freedom of Navigation into his Kingdom Island and other Isles beeing excepted and prohibited which are the very words of the Grant Moreover out of the League made at Koppenhagen in the year of our Lord MCDXXXII between our Henrie the sixt and the same Erricus King of Norwaie and Denmark the Commissioners of the King of Denmark who held a Treatie at Bremen with the Commissioners of our Queen Elisabeth in the year MDC II about the free use of this Sea alleged this Article almost to the same sens It is provided that all Merchants and all other men whatsoëver in subjection to the King of England and France do not presume hereafter under peril of loss of life and goods to visit the Countries of Island Finmarck Halghaland or anie other prohibited places and unlawful Ports whatsoëver in the Kingdoms of Denmark Sweden and Norway Yea and som years before the use of this Sea was prohibited both to Merchants and Fisher-men unless they were bound with Merchandise to North-barn the most eminent Town of Traffick under the King of Norwaie And touching that particular there is an Act of Parlament of Henrie the sixt whereby such a kinde of Prohibition continued in force for certain years in favor of the King of Norwaie So that there were many Letters Patents afterwards granted by our Kings to their subjects of England whereby they had Licence to go unto Island Finmark and other Dominions of the King of Norway and Sweden But that Statute the rigor whereof was dispensed with at the King's pleasure by such kinde of Grants became repealed at the beginning of the Reign of King Henrie the eight And Joannes Maior making mention of that time saith A Fleet of English went everie year to Island beyond the Arctick Circle to catch Fish But what manner of determination soêver ought to bee made touching the Dominion of this more Northerly Sea yet certain it is such a perpetual servitude at least was by several agreements betwixt the Kings of England and Norwaie imposed upon it that to this day also the subjects of England enjoy a perpetual right of sailing unto Island and of using and enjoying this sea For by a League made at Koppenhagen in the year MCDXC betwixt Henrie the seventh of England and John the second King of Denmark and Norwaie it was concluded that all Merchants and Liege-men Fisher-men and any other persons whatsoëver beeing subjects of the King of England and France might for ever in time to com sail freely to the Island Tyle that is to saie Island for in that age it was generally taken for Thule as it is now also by som thither to have recours and to enter with their ships and goods and merchandise victuals and any other commodities whatsoever upon occasion of buying selling fishing or merchandising and there to abide and convers after the manner of Merchants and from thence freely to return as often as they pleas without any Prohibition molestation or impediment of Us or our heirs and successors in the Kingdoms of Denmark and Norway or of any of our Officers they paying the due rights and usual Customs as well in that Island as also in the Ports belonging to the same where they shall happen to arrive Provided alwaies that seven years immediately after the date of these presents they do Petition to renew their Licence from us and our successors Kings of Denmark and Norway to the end that so from seven years to seven years Merchants and all othe● persons aforesaid may for ever acknowledg us and our successors Kings of Denmark and Norway in the renewing of their Licence But that this League was not limited by any time but concerned the heirs and successors of both the parties appear's not onely in part by what hath been alleged alreadie but by the very form of the Preface which I thought meet to add in this place VVee John by the Grace of God King as aforesaid by the unanimous advice and consent of our beloved Counsellors and others the Lords and Nobles of our Kingdom of Denmark have caused a Treatie to bee had with the Orators of the most illustrious Prince Henrie by the Grace of God King of England and France our most dear Brother James Hutton Doctor of the Civil Law Thomas Clarentieux King of Arms Thomas Carter and John Beliz Merchants of Lyn about the restoring of peace and establishing a perpetual concord between our Kingdoms which Counsellors of ours and the Orators autorised in our Citie of Koppenhagen by special Commission of the afore named King of England our most dear Brother and with full power whereof wee are assured by the Letters of the said King of England have concluded that between us our heirs and successors well willers friends and allies and the most illustrious Prince Henrie King of England and France our most dear Brother his heirs and successors well willers friends and allies there bee and shall bee for ever in time to com
antient Writers Which is no slight Testimonie that the Sea and the Isle together made up one entire Bodie of the British Empire as it was then devolved unto the Romans and also that such a Custom was at that time in force upon the Sea so far as it belong'd to Britain that the like could no where bee found at least in the more Western parts there beeing no other Sea-Province among them There is besides that ordinarie instance alleged before out of the Digests of the Civil Law concerning Seius Saturninus Commander in chief of the British Navie under Antoninus or Adrian the Emperor express mention made also by Tacitus of this British Navie where speaking of the affairs of Cerealis and Civilis under the Emperor Vespasian Another fear saith hee had possessed the minde of Civilis lest the fourteenth Legion beeing assisted by the Navie of Britain should infest the Batavians upon the Sea-Coast And therefore that learned man Lipsius had no ground to conceiv that this was part of that Fleet of small Vessels called Lusoriae whereby the River Rhine was guarded to wit that part of it which guarded the entrance of the River near that place called the British Tower whereof wee spake before in the third chapter of this book For it was even the whole Navie of Britain and that which belonged wholly to the Sea not having any relation at all to the Rivers And that it belong'd to the Sea appear's not onely by the thing it self but also by what hath been alreadie spoken and what shall bee said in the next chapter touching the Count of the Saxon Shore so far at least as wee may bee able to judg of the former as wee often use to do by the latter cours that was taken in ordering affairs and disposing of Guards and Garrisons But that this was a compleat Navie and had a peculiar Prefect or Commander in chief over it is testified by a fragment of an antient Inscription in a Palace at Rome called Palatium Capranicense wherewith truly that name of Prefect of the British Navie was utterly lost Yet it appear's thereby that such a Prefecture or Command there was not of the least note among those antient dignities of the Romans and that it was committed to the same man that was likewise Prefect of the two Navies called Classis Moesica and Pannonica as also Proconsul and President of the Alps Sub-Prefect of the Pretorian Navie and Tribune of the sixteenth Legion The form of the Inscription stand's thus ................................ ................................ PRAEF CLASS BRIT ET MOESIC ET PANNONIC PROC ET PRAESIDI ALPIUM SUBPRAEF CLASS PRAET. TRIB LEG XVI FL. ECPREPUSA Moreover it is no light Argument to prove that in those times there was frequent use of that Navie in guarding the British Sea as a part of the Province of Britain as hath been alreadie said and that upon this ground becaus the very name of those scouting Skiphs which were joined with the bigger sort of Pinnaces or light Vessels upon the Guard was borrowed by the Romans in their writings from the Britains after the same manner as they took the name of those Boats called Copuli from the Germans which were likewise of that sort of Vessels called Lusoriae ●●ploied in guarding the Rhine The Romans observed that the Britains called those Vessels Pyctas Flavius Vegetius who in the Reign of the two Valentinians composed his Books concerning the affairs of the Roman Militia out of the Commentaries of Cato Celsus Trajan and Hadrian saith scouting Skiphs are joined with the bigger sort of Pinnaces that had about twentie Rowers in all which Skiphs the Britains call Pyctas In these they use to make assaults and in●●●es upon a sudden and somtimes intercept the provision and supplies of their Enemies Shipping and by diligent watchfulness discover their approaches or counsels And that their Scouts may not bee discover'd by their whiteness they die the Sai●s and Tackling with a blewish color like the waves of the Sea They besmear them also with wax as they use to trim their Ships Yea and the Seaman or Souldiers put on clothes of the same blewish color so that they are the less discernable as they scout about not onely by night but also by day So far hee And the printed Books do generally render these Vessels here Pictas or Pyctas But som Manuscripts that have been used by Godesca●cus Stewechius call them Picatas and also wee read Picatas in two Manuscripts belonging to the King's Librarie at S t James as I was inform'd by that learned man and my very good friend Patrick Young from whence it is that in the old French translations of Vegetius it is rendred one while Picaces another Pigaces But saith Stewechius upon the afore-mentioned place It seem's more probable to mee that they were called Pincas Pinks For even at this very day there is such a kinde of Vessel known both in Britain and Holland And the ordinarie name is Een Pincke But howso●ver the case hath stood here wee see in Vegetius that the scouting Vessels were emploied together with the Pinnaces and their name so observed according to the British language of that Age that there appear's not the least ground to doubt but that Vegetius was of opinion also that those Vessels were either constantly or very frequently in use among the Britains and in the Sea-Province of Britain So it is acknowledged by every man that those words Gesum a Javelin Trimarcia Three Horses Essedum a Chariot Petoritum a Wagon of four Wheels Braccae Breeches and others of that kinde borrowed either from the Gauls or Britains and received by the Romans into their own Language do sufficiently set forth the use of those things which they signifie either in Gaul or Britain Moreover also Vegetius in this place so join's together the manner of guarding the Sea and the subtile sleights they made use of for that purpose that there is no reason at all why wee should not believ that they were then used by the British Souldiers which served at Sea or who had command over the small Vessels called Pyctae or Picatae in those Guards by Sea An Examination of the Opinion of som learned men who would have the Saxon Shore from whence that Count or Commander of the Sea throughout Britain had his Title to bee the British Shore on this side of the Sea which is plainly proved to bee fals CHAP. VII BUt truly certain learned men either treating as it often fall's out of som other subject or els beeing too careless in considering the matter do otherwise interpret that Dignitie or Command of the Count of the Saxon Shore throughout Britain And in such a manner that if their determination were to bee admitted the proof or testimonie before-alleged touching a Joint-Dominion of the Sea together with the Isle in that Command under the Romans would plainly fall to the Ground These men are of