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
Charles himself came forward to help them with an alternative plan
to that of the “reserved waters.” The ground upon which the claim
to the latter was based had gradually shifted. The initial argument
that the surrounding seas pertained to Scotland as an independent
kingdom--that they were the “seas of Scotland”--had been disposed of
by the declaration that the right to the sea and to its fisheries was
a prerogative of the crown; and it could not be denied that though
no union of the kingdoms had taken place, there certainly had been
union of the crowns. The question of the prerogative was a thorny one,
which the Scottish commissioners had to avoid; and the claim to the
reserved waters was now made solely on behalf of the poor inhabitants
of certain parts of the coast, who subsisted mainly by their fishing in
the sea, and would, it was said, be reduced to poverty and indigence
unless these waters were reserved for their exclusive use. To meet
this objection, Coke proposed a resolution at one of the meetings that
the king should be asked to lay down a regulation to guard against
interference with the poor fishermen at the places where the fishing
of the company would be carried on, and at the next meeting a draft in
the king’s handwriting, perhaps laid on the table by Charles himself,
was read as follows: “The English commissioners desire to take away
all showes of wordes that may show diffidence between the two nations,
and hauing heard that the Scots commissioners are to desire some
places to be reserved from the company or association, it is conceived
this to be the fitter way:--That instead of those reservations, that
the association should appoint the same fishermen that now fishe in
them, [so that they] may continue as particular company of the said
association, and to be subject [to] the law of the same, and are
willing that no others should fish in those places, [unless] it be
found upon examination that those places may admit more fishermen than
those that now fish in them, and in that case the great committee
of the association shall add such to them as they shall think fit,
desiring them always to remember that the said committee is compounded
equally of both nations.”[431] The king’s proposition was in keeping
with the intention of Coke, “to bring all private fishing vessels under
the company,” and though it was obviously impracticable, it furnished a
plausible argument against the claim to reserved waters.
Public-domain text, read in full here on John Shaqi.
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