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Updated: May 14, 2025
I accompanied him to his cell, and he told me the story of the capture of the San Margarita. It was substantially as I have related; they thought they were in a mare clausum, at all events they had drifted out of it on the tide of fate; but there was a nice question of international law.
Nihil tam clausum ad exitus, nihil tam septum undique, nihil tam tutum ad custodias, nec fieri nec cogitari potest." Half an hour's shaking in a lettiga brings us without a stumble, by the old forum of Syracuse, to the Ear of Dionysius, and those other stone quarries so well described in the above passage from Cicero in Verrem.
But Raffles, recognizing the menace to British interests, defeated the Dutch scheme in January, 1819, by a sudden coup d'etat, when he seized the little island at the tip of the Malay Peninsula which commands the Malacca Straits and the entrance to the China seas, and founded Singapore, thereby giving Britain control of the gateway to the Farther East and ending forever the Dutch dream of making of those waters a mare clausum a Dutch lake.
To dinner with my Lady, and after dinner talked long with her, and so home, and to Sir W. Batten's, and sat and talked with him, and so home troubled in mind, and so up to my study and read the two treaties before Mr. Selden's "Mare Clausum," and so to bed. This night come about L100 from Brampton by carrier to me, in holsters from my father, which made me laugh. 9th.
So back again to dinner at home, and then was sent for to the Privy Seal, whither I was forced to go and stay so long and late that I was much vexed. At last we got all done, and then made haste to the office, where they were sat, and there we sat late, and so home to supper and to Selden, "Mare Clausum," and so to bed. 18th.
And there is a curious fitness in the dedication to him in 1649 of Edward Pococke's Arabic studies, which nearly a century and a half later were to form the basis of Gibbon's great chapters. But the year of Mare Clausum is at once the greatest in Selden's life, and the last months of greatness in the life of his royal master.
Austrian success would make the Adriatic a mere clausum to the allied fleets and cripple Italy in one of her chief arms of defense and offense. The British campaign in Mesopotamia during the first year of the war had been generally successful. After the capture of Basra in November, 1914, the Delta country was cleared of the enemy and the safety of the oil fields assured.
"Et mox" says a chronicle of the time, "subsecutus est eum patricius Theodoricus veniens in Pineta, et fixit fossatum, obsidiens Odoacrem clausum per trienum in Ravenna et factus est usque ad sex solidos modicus tritici...." Theodoric established himself in a fortified camp in the Pineta with a view to preventing food or reinforcements arriving to his enemy from the sea.
Falconer, and dined there at Sir W. Pen's cost, and after dinner by water to Cheapside to the painter's, and there found my wife, and having sat a little she and I by coach to the Opera and Theatre, but coming too late to both, and myself being a little out of tune we returned, and I settled to read in "Mare Clausum "till bedtime, and so to bed. 5th.
It was laid down in one case that it was an extension of the protection which the law throws around the person, and on that ground held that trespass quare clausum did not pass to an assignee in bankruptcy. /1/ So it has been said, that to deny a bankrupt trover against strangers for goods coming to his possession after his bankruptcy would be "an invitation to all the world to scramble for the possession of them"; and reference was made to "grounds of policy and convenience." /2/ I may also refer to the cases of capture, some of which will be cited again.
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