MISCELLANIES. 



315 



harbours of the neighbourin"; tnms- 

 marine princes are the southern 

 und eastern bounds of tiie British 

 maritime emplie ; but that in tlie 

 vast and open northern and wes- 

 tern ocean they are to be fixed be- 

 yond those wide-spreading seas 

 which are occupied by Enghind, 

 Scotland, and Ireland." 



Such are the genenil contents of 

 Q book which afforded an addi- 

 tional proof of the learning and 

 deep research of the author, as well 

 as of his attachment to the honour 

 of his country ; and was consider- 

 . ed, on this side of the water, as 

 fully estabHshing the British claim 

 to maritime dominion. So impor- 

 tant was it deemed in this view, 

 that it received a puVjIic sanction 

 from the King and council, who 

 ado|)ted it as a most ruluable re- 

 cord and declaration of the national 

 rights. The following entry was 

 made in the minutes of the privy- 

 council, dated March 26, 1630: 



'* His Majesty this day in coun- 

 cil taking into consideration a bonk 

 lately published by John Selden, 

 Esq. intituled Mare Clausum seu de 

 Dominio Maris, written by the 

 King's command, which he hath 

 done with great industry, learning, 

 and judgment, and hath asserted 

 the right of the crown of England 

 to the dominion of the British 

 seas ; the King requires one of the 

 said books to be kept in the council 

 chest, another in the court of Ex- 

 chequer, and a third in the court 

 of Admiralty, as faithful and strong 

 evidence to the dominion of the 

 British seas." 



It was not, however, to be ex- 

 pected that arguments in support 

 of the exclusive claims of one na- 

 tion should be readily acquiesced in 

 by those against whom they were 



asserted ; and accordingly it has 

 been held in Holland and other 

 countries on the continent, that 

 Selden by no means refuted the 

 principles of the " Mure Liberum," 

 and that he was fully answered by 

 posterior writers. In such a con- 

 troversy, the philosopher will per- 

 haps find that precedents have 

 been made to serve instead of prin- 

 ciples, and that acts of power have 

 heeu represented as assertions of 

 right; the jurist will be unwilling 

 to admit into the code of national 

 law unyarticle that militates against 

 thefundair.ental principle of equal- 

 ity and reciprocity between nations; 

 while tlie politician will be inclined 

 to smile at the importance attached 

 to argumentative justifications of 

 claims, which can never be made 

 good in practice but bj^ such a pre- 

 ponderance of force as would give 

 them effect without any argument. 

 It is certain, that the more able 

 Great Britain has become to assert 

 her maritime em|)ire bj^ force of 

 aims, the less solicitous she has 

 been to avail herself of supposed 

 rights derived from remote anti- 

 quity, which, if disputed, could 

 not be established without compul- 

 sory' means. 



A passage relative to this work, 

 derogatory to Selden's character as 

 a patriot, in Bishop Nicolson's 

 " Historical Library," has been 

 properly noticed and refuted by Dr. 

 Wilkins. That writer says, " 'Tis 

 very plain that when the author 

 jjenn'd this book, he was not such 

 an inveterate enemy to the preroga- 

 tive doctrine of ship-money as after- 

 wards : for he professedly asserts 

 that, in defence of their sovereignty 

 at sea, our kings constantly prac- 

 tised the l&vying great suras on 

 their subjects, without the concur- 



2 L 2 rence 



