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
But a change took place, as we have seen, in the following year. Among
the suggestions made by Pennington to the king, and repeated to the
Admiralty, was one that any foreign ship attacked by another foreigner
in the narrow seas might put herself under the protection of any of the
king’s ships by coming under its lee, “in the same manner as under a
castle on shore.”[479] It was certainly a proposal as bold as it was
brilliant. Ships of war have long been regarded by certain writers on
international law as being essentially an extension of the territory of
the state to which they belong; but no writer ever suggested that the
water around them on the high sea should be looked upon as partaking
of the same character. The sea round a king’s ship, within range of
the guns on board, was to be a sanctuary like the waters of the King’s
Chambers,--a sort of territorial girdle which it carried about with
it like an aureole round the head of a saint. Pennington’s suggestion
was considered by the Admiralty early in April 1634, and Nicholas,
the Secretary, was instructed to confer with Sir Henry Marten, the
Judge of the Admiralty Court, with regard to it. Nicholas summed up
his own views oracularly in the sentence, “If a merchant fly from
men-of-war, it concerns the king’s ships to preserve trade.” Sir Henry
Marten gave a clear opinion. “It is not fit,” he said, “nor honourable
for the king’s ships appointed to guard the Narrow Seas to suffer any
men-of-war to fight with each other, or men-of-war with merchants, or
merchant with merchant, in the presence of the king’s ships within the
Narrow Seas, for that the king’s ships are set forth to keep peace in
those seas for the freer and better maintenance of trade and commerce
through the same: and all men trading or sailing within the king’s seas
do justly take themselves to be _in pace Domini Regis_; and since such
are _in pace Domini Regis_, it doth concern the king in honour and
justice to protect them from injury and violence.” The language of the
first part of this statement is the same as in the regulation prepared
a little before with respect to hostilities within the King’s Chambers
(p. 251); but its purport went much further than the recommendation
of Pennington, and in effect extended the protection afforded by the
King’s Chambers, and the regulation applying to them, to the whole of
the narrow seas.
Public-domain text, read in full here on John Shaqi.
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