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 when the matter is more carefully examined in its historical
aspects, a less selfish explanation may be found of the tendency to
appropriate seas in the middle ages. In the state of wild anarchy which
prevailed after the break-up of the Roman empire, pirates swarmed along
every coast where booty might be had. Scandinavian rovers infested the
Baltic, the North Sea, and the Channel; Saracens and Greeks preyed upon
the commerce of the Mediterranean; everywhere the navigation of trading
vessels was exposed to constant peril from the attacks of freebooters.
The sea was then common only in the sense of being universally open to
depredation.[2] The lawlessness and insecurity that reigned on the
sea led merchants, in the absence of effective sovereign authority,
to form associations among themselves for mutual protection, and to
maintain by force the security of navigation in the common interest.
Independent princes at first made use of the armed fleets of those
voluntary associations, and later, as their power grew stronger and
better organised, they took over the duty of policing the neighbouring
seas under an admiralty jurisdiction of their own, which enforced the
maritime laws and customs, such as the Laws of Oleron, that had been
gradually developed among the merchant associations. In the thirteenth
century this duty of exercising supreme admiralty jurisdiction on the
neighbouring sea came to be regarded as a prerogative of sovereign
power,[3] and it was only a short step further to the assertion of an
exclusive dominion. It was natural that this assumption of sovereignty
on the sea should first be made by the great trading cities of
Italy, who then controlled the important traffic between the east
and the west, and whose shipping was to be found in all the ports of
Christendom. It was also natural that the Italian jurists should be
the first to attempt to give it a legal sanction, by assigning a large
part of the bordering sea for the exercise of those sovereign functions
which were originally confined to the maintenance of order and the
punishment of delinquents. There is little doubt that the assumption of
sovereign jurisdiction in this way was advantageous to navigation and
commerce in those times, though later, with the extension of commercial
intercourse and the increased security of the sea, it became burdensome
and unnecessary.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account