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
At this time also the English records were being subjected to search
and scrutiny with the same object, but for other reasons. The “homage”
of the flag was being hotly enforced in the Channel and disputed by
France. Pennington, the Admiral of the Narrow Seas, reported cases in
which the French demanded the salute from English merchant vessels, and
rumours that it was the intention of the French admirals to wrest the
regality of those seas from England on the ground that the Pope had
given it to France.[397] This news caused Viscount Dorchester--the Sir
Dudley Carleton who had represented King James at The Hague, now a peer
and Secretary of State--to write to Boswell, Clerk of the Privy Council
(soon also to be ambassador at The Hague) for some information, however
little, concerning the King’s admiralty in the narrow seas. Boswell
sent a few brief notes of little relevancy about the jurisdiction
of the admiral and the Cinque Ports; but he added the interesting
information that he believed Sir John Boroughs, the Keeper of the
Records in the Tower, was able to produce an “original” concerning
the first institution of “La Rool d’Oleron” by Edward I., in which
the sovereignty of the kings of England in those seas appeared. This,
said Boswell, was therefore before the kings of France could pretend
to any sovereignty there, having “neither right nor possession of any
part, or part of Britany, Normandy, or Aquitaine.”[398] This, then,
was the famous roll of 26 Edward I. now brought to light, or at least
into use in the sphere of practical affairs. The discovery of Boroughs
led Nicholas, the Secretary of the Admiralty, to draw up a note about
the roll, “by which,” he said, “it is apparent that in those tymes ye
soueraignty of those (Narrow) Seas was acknowledged by those princes
(of Denmark, Sweden, &c., as mentioned in the roll): and justly, though
no man can be said to have ye property of the sea, because a man
cannot say this water is myne which runs, yet it is manifest that ye
Kings of England have and had ye soueraignty and jurisdiction of those
seas; that is, power to give laws and redresse injuries done on the
same.”[399]
The germ of the new pretension of Charles to play the part of
Plantagenet on the adjoining seas appears to have been this disclosing
by Boroughs of the ancient roll. All the later writers on the English
side of the controversy about _mare clausum_ and _mare liberum_, as
Selden, Coke, Prynne, as well as Boroughs himself, laid great stress on
it.
Public-domain text, read in full here on John Shaqi.
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