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
In the spring of 1610 James’s proclamation was again taken into
consideration by the States of Holland and the States-General, and it
was resolved to send an embassy to London, primarily to thank the king
for his friendly offices in connection with the conclusion of the truce
with Spain, but in reality to deal with the fishery question and some
other matters. One of the ambassadors was Joachimi, who afterwards
represented the States at the English Court for over twenty-five
years. Another was Elias van Oldenbarnevelt, a brother of the great
statesman who was then at the head of affairs in the Netherlands,
and to him the business of the fishing was specially committed. They
arrived in England on 14th April, and had an audience with the king a
few days later and another with the Privy Council. They asked for an
assurance that the king’s proclamation was not meant to extend to the
United Provinces, since he was in alliance with them, and treaties
existed between the two countries. But the Earl of Salisbury plainly
told them that the principal motive of the proclamation arose from the
multitude and disorder of their fishermen, “who had wholly drawn the
fishing to themselves, to the destruction of his Majesty’s people and
coast-towns”; and they were invited to further conference.[291]
On the 6th May, exactly a year after the publication of the
proclamation, the ambassadors had a formal conference with Sir Julius
Cæsar, Sir Thomas Parry, Sir Daniel Dunn, Sir Christopher Perkins,
Dr Henry Marten (Advocate-General), and Levinus Muncke, a Fleming,
and “clerk to his Majesty’s Signet.” The English commissioners
began the discussion by justifying the proclamation on the grounds
previously indicated. The Dutch contended for complete freedom of
fishing, resting their case on arguments drawn from the civil law, on
immemorial possession, on the existence of treaties, and on political
considerations. They said the United Provinces had always been in
peaceful possession of free fishing, and that from time immemorial
they had enjoyed complete liberty to fish over the whole sea, both
as a matter of usage and of right. To disturb them by force in the
enjoyment of that right would be unjust. Besides, by the Law of Nations
the boundless and rolling sea was as common to all people as the
air, “which no prince could prohibit.” No prince, they said, could
“challenge further into the sea than he can command with a cannon,
except gulfs within their land from one point to another,”--the first
occasion on which this principle for delimiting territorial waters,
afterwards so celebrated, appears to have been advanced.[292]
[Illustration: Fig. 7.--_Facsimile of Minute of the Declaration of the
Dutch Envoys as to the range of guns._]
Public-domain text, read in full here on John Shaqi.
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