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
The Admiralty approved of the opinion of Sir Henry Marten, and Nicholas
was directed to embody it in Pennington’s instructions. Before doing
so, however, it was deemed desirable to get the king’s own opinion, and
he was asked by Windebank, at the instance of the Admiralty, whether
Pennington should be instructed not to permit any man-of-war to fight
in the narrow seas in the sight of his Majesty’s ships, while he
commanded there as Admiral. Pennington had then only two ships and two
“Whelps” under his command,--a force quite inadequate to enforce an
innovation so revolutionary,--and Charles apparently did not think the
time or circumstances fitting for it, for the Admiral’s instructions in
1634 were virtually the same as in 1633, except that the clause about
passing by Dutch and Dunkirkers in fight and leaving them to their
fortunes was omitted at the special request of Lord Cottington.[480]
But next year, when the imposing ship-money fleet was ready, Sir H.
Marten’s memorandum was inserted, almost verbatim, in the Earl of
Lindsey’s official instructions.
In addition to the official instructions, the Earl received private
commands from the king. In these the new doctrine as to the sovereignty
of the seas received a new gloss, corresponding to the tenour of
Coke’s despatch to Boswell, and they were clearly intended to embroil
us with the Dutch Republic, as well as with France, and thus enable
Charles to carry out his clandestine agreement with Spain. He was
not to permit the warships of other states to keep guard, or commit
acts of hostility, or take spoil or booty, “within his Majesty’s
seas”; and it was also resolved that the fleet should be employed
in forcing the Dutch herring-busses to take the king’s licenses for
permission to fish, or in interrupting them in their fishing. It was
a common practice for orders of this kind given to naval officers to
be expressed in general or indefinite language, leaving to them the
responsibility of applying them to specific cases according to their
judgment and discretion. Both Pennington in the previous year, and the
Earl of Northumberland in the following year, had to ask for further
and more precise directions. So also did Lindsey now. He wrote to
Charles on receipt of the royal commands, asking a number of questions.
In the first place, he asked that the “bounds of his Majesty’s seas
might be expressed”--a reasonable request, and one frequently made by
naval officers. He was loftily told by Coke, who replied, that “his
Majesty’s seas are all about his dominions, and to the largest extent
of those seas,”--an answer not very illuminating, and of little use
to the Admiral.[481] His second question was whether the ships of the
King of France, or the Archduke, or the Dutch States, might not “lie
to and again” upon their own coasts, as they have anciently done? To
this the reply was that they might stay in their harbours or roads, or
pass “to and again for trade,” but not otherwise. Then he asked whether
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