The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial WatersFulton, Thomas Wemyss
History
The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters
Fulton, Thomas Wemyss
Fisheries -- Great Britain; Great Britain. Royal Navy -- History; Sea-power; Territorial waters -- Great Britain -- History
Elizabeth complained strongly of these acts of injustice as being
contrary to the Law of Nations.[207] A Danish ambassador who came to
England at this time tried to justify the prohibitions by reference
to the treaty of 1583, by which permission had been given to English
vessels to navigate the northern seas to Russia, but which did not
grant any authority for fishing; and he requested the Queen to publish
an edict inhibiting her subjects from fishing at Iceland or Wardhouse
without the license of the King of Denmark, declaring that many English
vessels persisted in carrying on the fishery without any license,
contrary to the treaties. Reliance was also placed on an old treaty
made in 1468 between Edward IV. and Christian I., in which it was
stipulated that English vessels should not go farther north on the
coast of Norway than Hagaland.[208] In the following year ambassadors
were dispatched from England to negotiate an arrangement concerning
the tolls levied at the Sound and the freedom of the northern seas for
English fishermen,[209] and in a paper of 1602 conveying instructions
to the ambassadors at Bremen we find an admirable exposition of the
principles of the freedom of the seas.
After claiming that the treaties of 1490 and 1523 had given liberty of
fishing to the English, the ambassadors were to declare that the Law
of Nations allowed fishing in the sea everywhere, as well as the use of
the ports and coasts of princes in amity for traffic and the avoiding
of the dangers from tempests; so that if the English were debarred
from the enjoyment of those common rights, it could only be in virtue
of an agreement. But there was no such contract or agreement. On the
contrary, by denying English subjects the right of fishing in the sea
and despoiling them for so doing, the King of Denmark had injured them
against the Law of Nations and the terms of the treaty. Moreover, with
respect to the licenses the Queen declared that if her predecessors
had “yielded” to take them, “it was more than by the Law of Nations
was due”; they might have yielded for some special consideration; and
in any case it could not be concluded that the right of fishing, “due
by the Law of Nations,” failed because licenses were omitted. As to
the claim to the sea between Iceland and Norway on the ground that the
King of Denmark possessed both coasts--the argument used by Dee and
Plowden for the dominion of the English crown in the Channel--Elizabeth
was emphatic. If it was supposed thereby “that for the property of
a whole sea it is sufficient to have the banks on both sides, as in
rivers,” the ambassadors were to declare “that though property of sea,
in some small distance from the coast, may yield some oversight and
jurisdiction, yet use not princes to forbid passage or fishing, as is
well seen in our Seas of England and Ireland, and in the Adriatic Sea
of the Venetians, where we in ours and they in theirs, have property of
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