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
Admiral Hawkins at Plymouth and forced to strike the flag and lower
top-sails in like manner.[227] But it was not till the reign of Charles
I. that this punctilio became of great international importance.
CHAPTER IV.
UNDER THE STUARTS. JAMES I. A NEW POLICY.
Shortly after the accession of James to the throne of England, the
liberal policy of his predecessors as to the freedom of the sea
suffered a marked change. In the previous century, under the Tudors,
little was heard of the pretension to the sovereignty of the sea,
with the exception of the striking of the flag to the royal ships
in the narrow seas--a ceremony that was not peculiar to England.
Foreigners then, as always before, enjoyed complete liberty of fishing
on the coasts of England and Ireland, and no attempts had been made
to exact tribute from them on the Scottish coasts. Queen Elizabeth,
as has been shown, not only refrained from putting forward claims to
the sovereignty of the sea, but on several occasions and in the most
positive manner asserted the freedom of the seas for both navigation
and fishing against the exclusive policy of Denmark and Spain. At
the end of the Tudor period England was the great champion of _mare
liberum_--long before the Dutch Republic had challenged the monopolies
of the Portuguese either by the pen of Grotius or the guns of Jakob van
Heemskerk.
But under James the old doctrine was revived, and something new was
added in a claim to the fisheries along the British coasts. Before
he had been a year in England he took measures, with the laudable
object of defining the bays, or “King’s Chambers,” within which the
hostile actions of belligerents were prohibited. In its essence this
act was opposed to extensive claims to maritime sovereignty, because
it restricted a most important attribute of such sovereignty to
comparatively a narrow space in the adjacent sea, though a space much
greater than that now comprised in the so-called territorial waters.
In point of fact, throughout his reign no assertion was made to such
a maritime sovereignty as was claimed by Charles I.[228] The measures
referred to were in relation to neutrality in the war which continued
between the United Provinces and Spain, James having promptly concluded
peace with the latter Power. He issued a number of proclamations
referring to privateering and depredations at sea, most of them being
conceived in the interests of Spain; and in one of these, for the
recall of British mariners in foreign service, dated 1st March 1604,
the king forbad hostilities within his ports, havens, roads, creeks, or
other places of his dominions, or so near to any of his ports or havens
as might be reasonably construed to be within that title, limit, or
precinct, as well as the hovering of men-of-war in the neighbourhood
of such places; and he caused “plats” of the limits of his ports
and jurisdiction to be prepared for the instruction of his officers
concerned.[229]
Public-domain text, read in full here on John Shaqi.
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