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
then a third between her masts or at her flag. If the foreigner still
refused to strike, a broadside was usually poured in, and the vessel
might be carried into port and the offender punished. In the reign of
Charles II., Spaniards, Dunkirkers, Frenchmen, and other foreigners,
were not infrequently brought before the courts and fined for refusing
to strike. If a merchant vessel refused to strike until she was shot
at, she was compelled to pay to the king’s ship twice the value of the
gunpowder and shot expended.
In England the custom, no doubt, originated in the Channel, probably
in the time of the early Angevin kings, when the opposite coasts were
under the same rule; and it is most probable, as formerly said, that it
arose in connection with the exercise of jurisdiction over pirates and
for securing peaceful commerce. In early times the utmost lawlessness
prevailed on the sea: it would be a common duty of the king’s ships to
satisfy themselves as to the character of the vessels they encountered,
and the lowering of the sails and the coming under the lee, for “visit
and search,” might well be a relic of a duty enforced for that purpose.
With regard to ships of war, the ceremony appears to have been first
confined to the Channel, and was held to be peculiarly a privilege
of the admiral of the narrow seas. Thus, when Captain Plumleigh was
appointed admiral of a squadron for service in Ireland in 1632, he was
ordered by the Admiralty if he met “in any part of the narrow seas with
the _Convertive_, in which Captain Pennington commands as admiral of
those seas,” to take in his flag, and to “continue it furled whilst in
sight of that ship, it being an ancient honour and privilege belonging
only to that admiral to carry the flag in the maintop in those
seas.”[393] Monson also tells us, in referring to the decision of the
Lord High Admiral in Gondomar’s case, above alluded to, that every ship
of the king’s serving under an admiral could not demand the striking of
the flag when out of sight of the admiral; but the foreign ship, “be
he admiral or no, is to strike his top-sail and hoist it again, to any
one ship of the king’s that shall meet him.” He further states that
any foreign ship or fleet arriving in an English port, or passing by a
fort or castle, had to take in their flag three times, and advance it
again, unless the English admiral’s ship was in the same harbour, in
which case they were to keep it in so long as the admiral was present;
“but if any other ship of his Majesty’s be there but the admiral’s,
they are not bound to keep in their flag, but only to strike it thrice
as aforesaid.” Monson added that he wished, in these later times
(the reign of Charles I.), “that his Majesty’s ships would take more
authority upon them than is due,” in order to curb the insolence of the
French and the Hollander--a wish which, as we shall see, must have been
fully gratified. It was against the Dutch that the striking of the flag
Public-domain text, read in full here on John Shaqi.
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