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
On the other side, the English commissioners argued that by the custom
of nations the king had a right to the whole of the seas around his
coasts; and this right was exercised by other countries, as Spain,
France, Denmark, Sweden, Venice, Genoa, and Russia, and generally by
all maritime states; and it was not opposed to the Roman law or the
teachings of the Civilians. They admitted that the sea was free for
navigation, but denied that it was free for fishing. All the kings of
England since Edgar had the adjoining seas under their jurisdiction,
and had always received “consideration” for the fishing within them.
The commissioners evidently felt that the treaties offered the greatest
difficulty to the policy of James, and they contended that all the
Burgundy treaties had become obsolete for a variety of reasons. The
great treaty of 1496 had lost its effect, inasmuch as a later treaty in
1520 (which, however, dealt with quite other things) did not confirm
it. The treaties, moreover, had been made with the House of Burgundy,
and concerned only the subjects of that house; but there were now no
subjects of the Duke of Burgundy; and the Dutch at least could not
found upon those treaties, because they had themselves broken and
transgressed them. Even if those old treaties could be supposed to be
in force and provided liberty of fishing without license, that could
not mean without the payment of the usual dues, customs, and taxes.
Besides, when the treaties were made the circumstances were different.
The fishing of the Netherlanders was not then so disagreeable to this
country as it was now; then about 100 vessels came to fish, while now
they sent 2000. The king was therefore not bound to tolerate them any
longer.
Public-domain text, read in full here on John Shaqi.
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 — John Shaqi
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