Selden Closed Sea excerpts.pdf

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6 Now therefore, as to what hath been formerly alleged out of Fernandus Vasquius, it is grounded upon such Arguments as are either manifestly fals, or impertinent. For, what is this to the purpose? That the Sea, from the beginning of the world to this present day, is, and ever hath been in common, without the least alteration, as ‘tis generally known. Whereas the quite contrarie is most certainly known to those, who have had any insight into the received Laws and Customs of Ages and Nations. That is to say, that by most approved Law and Custom, som Seas have passed into the Dominion and patrimonie, both of Princes and private persons; as is clearly made manifest out of what hath been alreadie shewn you. Moreover also hee would have prescription to ceas betwixt Foreigners in relation to each other, and not to take place in the Law of Nations, but in the Civil onely; so that by his Opinion prescription should bee of no force between those (as between two supreme states or Princes) who are not indifferently subject to the Civil Law, which admit’s prescription; then which not any thing can bee said or imagined more absurd. Almost all the principal points of the Intervenient Law of Nations, beeing established by long consent of persons using them, do depend upon prescription or antient Custom. To say nothing of those Princes, whose Territories were subject heretofore to the Roman Empire, and who afterwards became absolute within themselvs, not onely by Arms, but also by prescription (which is every where admitted among the Laws of Nations;) . . . As for those other things mentioned by Vasquius, concerning Charitie and the inexhaustible abundance of the Sea (whereby hee makes a difference betwixt Rivers and Seas) and other things of the like nature, they have no relation at all to the point of Dominion; as you have been sufficiently told alreadie. In the next place, wee com to the other, to wit, Hugo Grotius, a man of great learning, and extraordinarie knowledg in things both Divine and Humane; whose name is very frequent in the mouths of men every where, to maintein a natural and perpetual Communitie of the Sea. Hee
7 hath handled that point in two Books; in his Mare Liberum, and in that excellent work De Jure Belli & pacis. As to what concern’s Mare Liberum, a Book that was written against the Portugals about trading into the Indies through the vast Atlantick and Southern Ocean; it contein’s indeed such things as have been delivered by antient Lawyers touching communitie of the Sea; Yea, and disputing for the Profits and Interests of his Countrie, hee draw’s them into his own partie; and so endeavor's to prove that the Sea is not capable of private Dominion. But hee hath so warily couched this subject with other things, that whether in this hee did hit or miss, the rest howsoëver might serv to assert the point which hee was to handle. Moreover, hee discourseth about the Title of Discoverie, and primarie occupation (pretended to by the Portugals) and that also which is by Donation from the Pope. And hee seem’s in a manner, either somtimes to quit that natural and perpetual Communitie, which many Civil Lawyers are eager to maintein, and hee himself, in order to his design, endeavored to confirm, or els to confess that it can hardly bee defended. For, concerning those Seas that were inclosed by the antient Romans, the nature of the Sea, saith hee, differs from the Shore in this, that the Sea, unless it bee in som small part of it self, is not easily capable of Building or Inclosure. And put case it were, yet even this could hardly bee without the hindrance of common use. Nevertheless, if any small part of it may bee thus possessed, it falls to him that enters upon it first by occupation. Now, the difference of a lesser and a greater part, cannot take place (I suppose) in the determining of private Dominion. But in express words hee except’s even a Bay or Creek of the Sea. And a little after, saith hee, Wee do not speak here of an In-land Sea, which in som places being streightened with Land on every side, exceeds not the breadth even of a River, yet 'tis clear that this was what the Roman Lawyers spake of, when they set forth those notable determinations against private Avarice. But the Question is concerning the Ocean, which Antiquitie called immense Infinit, the Parent or Original of things, consisting
Page 1 and 2: 1 John Selden, Of the Dominion, or,
Page 3 and 4: 3 the Indies, is not, nor indeed ca
Page 5: 5 caus, which must bee determined i
Page 9 and 10: 9 the Law of Nations, and Customs,

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