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
On the other points it is not quite clear what the final official
answers were. Nicholas thought that when a superior fleet was
encountered, the English Admiral ought not to engage rashly about
the flag; but if he once commanded the foreigners to strike, then
“the ships were better to be lost than his (the king’s) honour and
sovereignty yielded.” The opinion he gave with regard to forcing
foreign vessels to strike in foreign ports was in these words: “For
ye French roades,” he said, “ye king of England’s ships should suffer
none to wear ye flag but themselves: but in other roades after salutes
both may weare ye flag without dishonour.” The exceptional treatment
proposed for ships in French roads may have been in part owing to the
political circumstances of the time, but probably chiefly had reference
to ancient custom and the old claims of England to the soil of France.
Charles still styled himself King of France; and later Selden argued
that though English dominion had been lost in France itself, it
nevertheless extended over the sea up to the very shores. It became the
common practice to enforce the homage on the coast of the Continent,
but not within harbours, ports, rivers, or within buoys, or at any
place under the command of the guns of forts or castles.[509] The Earl
of Northumberland, on repeating Pennington’s question in 1636 as to
Calais, Dunkirk, and the Briel, was told that the homage was to be
exacted “in the roads out of command of any forts.”[510]
There was always some doubt as to the etiquette of the salutation
between ships and forts or castles. Dutch vessels were fired on and
detained at Portland Castle in 1633 for putting up their flags in the
presence of the king’s colours, which were flying on the walls; and
the act was justified to the States’ ambassador when he complained
about it. In the year before, the commanders of the Castles at Deal and
Walmer fired upon a French man-of-war that came in with his flag in
the main-top, because after taking it down when requested, he hoisted
it again on going away. “I gave him five shots,” said the Captain
of Deal, “without hitting him,” and he added that the Council on a
previous occasion approved of a like action against the Dutch, who had
never since offended, but he had never heard of the French attempting
it before. The Admiralty asked Pennington’s opinion as to the proper
course, and he said he thought that all the ships of his Majesty’s
subjects and of foreigners and strangers should strike their flags and
top-sails as they passed by any of his Majesty’s castles; such, he
said, was the custom in all parts of Christendom, “which, being done,
they may ride under the castles with their colours flying abroad if
there be none of the king’s own ships present.” The king’s castles had
thus not so high a status as the king’s ship; but the military officers
were not less zealous than those of the navy. Pennington himself
had an amusing illustration of their zeal, for in 1631 Sir William
Public-domain text, read in full here on John Shaqi.
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