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
It was in connection with the policy of the ship-money writs that the
old doctrine of the Plantagenets came again into being. In the writs
themselves the very words were copied that Edward III. had used in
1336 in his mandate to the admirals; but some years before they were
issued one may trace the growth of the idea. In the period from 1631 to
1633 there was much searching of records with the view of establishing
the king’s rights in his seas. Negotiations had been proceeding with
Scotland, described below, with reference to a great fishery scheme,
and the Scots had been very troublesome and persistent about their
“reserved waters,” which the scheme threatened, the “land-kenning,”
and the encroachments of the Dutch. They only agreed to give up their
exclusive claim to the “reserved waters” for the benefit of the fishery
association, provided that Charles would free the Scottish seas of
the Hollander busses. In the long series of papers respecting the
fishery project, mostly prepared by the indefatigable Secretary Coke,
the change referred to may be perceived. In those of 1629 and 1630
there is no suggestion of the sovereignty of the seas, but in 1631
instances become numerous. Coke claims the sea fishings as belonging
to the crown; he begins to speak of the king’s “undoubted right of
sovereignty in all the seas of his dominions,” and plainly says it will
be necessary to exclude foreign fishermen from the British seas once
the fishing society is a success. In the next year he goes further. He
begins a long and formal document--also on fisheries--in the following
words: “The greatnesse and glorie of this Kingdom of Great Britaine
consisteth not so much in the extent of his Majesty’s territories by
land, as in the souerantie and command of the seas. This command is
in peace over trade and fishing: and for warre in the power of his
Majesty’s Navie to incounter the sea-forces of anie foren prince.”
And he goes on to say that while Spain alone used to oppose it, it
was now opposed by France and the Low Countries.[395] Still more to
the point were the words of Charles himself. A few months after the
fishery negotiations with Scotland were concluded, he wrote to the
Clerk-Register in Edinburgh saying that, as the fishing business was
now completed, he was desirous that it should be known abroad by his
neighbours through some “public writing,” and asking him to search the
records of the kingdom for authentic evidence to show his rights to the
fishings, and to send such evidence to him.[396]
Public-domain text, read in full here on John Shaqi.
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