[631] Defensio, 332 (circa 1614); Letter to his brother, 1st April 1617. Epistolæ, 759.
[632] De Justo Imperio Lusitanorum Asiatico adversus Grotii Mare Liberum.
[633] Ivlii Pacii De Dominio Maris Hadriatici Disceptatio, Lvgdvni M.D.C.XIX. Other works were Angelus Mattheacius, De Jure Venetorum et Jurisdictione Maris Adriatici, Venezia, 1617; Cornelio Francipane, Alegazion in Jure, per il Dominio, della Republica Veneta, del suo Golfo, contra alcune Scritture di Napolitani, 1618; Franciscus de Ingenuis, Epistola de Jurisdictione Venetæ Reipublicæ in Mare Adriaticum, 1619; P. Zambono, Del Dominio del Mare Adriatico overo Golfo di Venezia, Venice, 1620.
[634] M’Crie, Life of Andrew Melville, 206, &c. Selden describes him as Jurisconsultus Scotus; and Prynne “A Scot, Professor of the Civil Law” (Animadversions, 113).
[635] There is a copy in the Library of the University, Cambridge (Aldis, A List of Books printed in Scotland before 1700; Dickson and Edmond, Annals of Scottish Printing, 415), and I have found a MS. copy among the State Papers, entitled “The Sea Law of Scotland, shortly gathered and plainly dressed for the ready use of all seafaring men. Dedicated to James VI. of Scotland by William Welvod. At Edinborough, Ao 1590, by Robert Walgrave.” (State Papers, Dom., Jas. I., ccviii. No. xvi.) It was printed at Edinburgh by Waldegrave in 1590. There are fifteen chapters dealing with the freighting of ships, the powers and duties of the master, the relations between the master and the merchants, &c. In his preface to the Abridgement, Welwood refers to this earlier work as follows: “It pleased your M. some yeeres past most graciously to accept of this birth, in the great weaknes and infancie thereof. Therefore it is, that now being strong, and by all warrants inarmed, it most thankefully returnes, offring seruice to your M. euen for all the coasts of your Highnes dominions, vpon hope to merit your former grace.” His last work is dated 1622. It is probable that, like so many of his countrymen, he followed King James to London, where all his later works were published. He was of an ingenious mind, and, while teaching mathematics at St Andrews, obtained a patent for a new mode of raising water from wells, &c., on the principle of the syphon. M’Crie, op. cit.
[636] An Abridgement of all Sea-Lawes, gathered forth of all Writings and Monuments, which are to be found among any people or Nation upon the coasts of the greate Ocean and Mediterranean Sea: And specially ordered and disposed for the use and benefit of all benevolent Sea-farers, within his Maiesties Dominions of Great Britanne, Ireland, and the adiacent Isles thereof. London, 1613. Tit. xxvii. deals with the “community” of seas. He refers to the work of Grotius as “a verie learned, but a subtle Treatise (incerto authore) intituled Mare Liberum.” Welwood’s Abridgement was republished in 1636, without alteration; also in the edition of 1686 of Malyne’s Consuetudo vel Lex Mercatoria, but without his name.
[637] De Dominio Maris Ivribvsque ad Dominivm praecipve spectantibvs Assertio brevis et methodica. Cosmopoli, 16th January 1615. It was republished at The Hague in 1653, and replied to by Graswinckel. [See p. 412].
[638] In Roman law a distinction was made between the sea and rivers in regard to propriety. The sea is “communis omnium naturali jure,” but the rivers are “publicæ res, quarum proprietas est populi vel reipublicæ.”
[639] Welwood’s De Dominio Maris is not mentioned by Grotius, whose tract appears to have been written before it was published.
[640] Jus Feudale, Tribus Libris Comprehensum, lib. i., Diegesis 13, p. 103. Edinburgh, 1603 and 1655. The treatise was dedicated to King James. Craig was born in 1538 and died in 1608.