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His Mare liberum, written expressly to controvert the Portuguese claim of an exclusive right to trade and navigate in the Indian Ocean, excited much attention in Europe, and was taken by James I to be an attack on the oft-asserted dominium maris of the English crown in the narrow seas. Selden's Mare clausum was a reply, written by the king's command, to the Mare liberum.
17th. It being Good Friday, our dinner was only sugar-sopps and fish; the only time that we have had a Lenten dinner all this Lent. To Paul's Church Yard, to cause the title of my English "Mare Clausum" to be changed, and the new title dedicated to the King, to be put to it, because I am ashamed to have the other seen dedicated to the Commonwealth. 20th.
He lived until 1654 and wrote several works, amongst which are Mare clausum, which was opposed to the Mare liberum of the learned Dutch historian Grotius, Commentaries on the Arundel Marbles , and Researches into the History of the Legislation of the Hebrews.
This morning Mr. Hunt, the instrument maker, brought me home a Basse Viall to see whether I like it, which I do not very well, besides I am under a doubt whether I had best buy one yet or no, because of spoiling my present mind and love to business. After dinner my father and I walked into the city a little, and parted and to Paul's Church Yard, to cause the title of my English "Mare Clausum"
So in trespass for taking goods the defendant may set up title in himself. There might seem to be a trace of the distinction in the general rule, that the title cannot be tried in trespass quare clausum.
It is pleasing to add, that he treats Grotius with the respect due to his learning and character. Selden's treatise was thought of so much importance to his cause, that a copy of it was directed to be deposited in the British Admiralty. Grotius was highly pleased with the respect, which was shewn to him by Selden. On Selden's Mare Clausum he composed the following epigram:
So home, calling at Paul's Churchyard for a "Mare Clausum," having it in my mind to write a little matter, what I can gather, about the business of striking sayle, and present it to the Duke, which I now think will be a good way to make myself known. So home and to bed. 30th. In the morning to the Temple, Mr. Philips and Dr.
Burnet is incredibly vain, unredeemed by Boswell's hero-worship; yet his book reflects the medley, the fervour, the vehemence, crimes, hopes of this time. In one sentence nineteen religions are named as co-existing in Scotland. The Mare Clausum was framed as an answer to Grotius' Mare Liberum, which had been printed, perhaps without Grotius' consent, in 1610.
The stormy ocean we behold in the west, which corresponds to our Atlantic, though it is far more of a mare clausum in the geographical sense, is also destined to become a calm and placid inland sea. There are, of course, modifications of and checks to the laws tending to increase the land area.
But it is perfectly well settled at common law that "Not guilty" only denies the act. /2/ Next comes the argument from authority. I will begin with an early and important case. /3/ It was trespass quare clausum. And on demurrer judgment was given for the plaintiff. The plaintiff's counsel put cases which have been often repeated.
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