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
command; and yet neither we in ours nor they in theirs, offer to forbid
fishing, much less passage to ships of merchandise; the which by Law
of Nations cannot be forbidden ordinarily; neither is it to be allowed
that property of sea in whatsoever distance is consequent to the banks,
as it happeneth in small rivers. For then, by like reason, the half
of every sea should be appropriated to the next bank, as it happeneth
in small rivers, where the banks are proper to divers men; whereby it
would follow that no sea were common, the banks on every side being
in the property of one or other; wherefore there remaineth no colour
that Denmark may claim any property in those seas, to forbid passage or
fishing therein.”
The ambassadors were to declare that the Queen could not agree that
her subjects should be absolutely forbidden the seas, ports, or coasts
in question for the use of fishing, “negotiation,” and safety; she had
never yielded any such right to Spain and Portugal for the Indian seas
and havens. Nevertheless, if the King of Denmark for special reasons
desired that she should “yield to some renewing of license,” or that
“some special place upon some special occasion” should be reserved for
his own use, they were in their discretion and for the sake of amity
to agree; but the manner of obtaining the license was to be defined in
such a way that it would not be prejudicial to her subjects, nor “to
the effect of some sufficient fishing,” and the licenses were to be
issued in the subject’s name rather than in hers or the king’s.[210]
Denmark continued to insist upon her right to the trade with Iceland,
and to the fisheries in the northern seas,[211] which became of greater
importance early in the next century when the whale-fishing was
established at Spitzbergen. The Danish claim to a very wide zone of
territorial sea around Iceland was enforced until quite recent times.
The dispute between Elizabeth and the King of Denmark as to the rights
of fishing in the North Atlantic bears a strong resemblance to that
between James I. and the Dutch, which began a few years later, when the
positions, however, were reversed, James insisting on his right to the
fishery on the British coasts, while the Dutch used the arguments of
Elizabeth in favour of the complete freedom of the seas. One difference
in the two cases may be pointed out. England by agreeing to take
licenses from the King of Denmark, in the treaties of 1490 and 1523,
acknowledged the sovereignty of Denmark in northern waters, whereas
the Netherlands never acknowledged the sovereignty of England in the
British seas, within which the liberty of fishing had been expressly
granted to them by the Burgundy treaties.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account