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
Further evidence as to this sort of jurisdiction in the so-called “Sea
of England” is to be found in the reign of Edward I., at the end of
the thirteenth century and the beginning of the next, in the reign
of Edward III., and later, more particularly in the famous rolls,
“On the Supremacy of the Sea of England and the Right of the Office
of Admiralty in the same,” as well as in the _Black Book_. The rolls
referred to show that England had the sovereign jurisdiction in regard
to the maintenance of peace and security in the Sea of England, but
there is no evidence to indicate that that Sea extended far from the
coast, or that the rights exercised differed from those put in force by
other maritime states in the waters adjoining their territory. A great
deal was made later of these rolls and of the ordinance of John, as
proving that the Angevin or Plantagenet kings possessed the sovereignty
of the sea; but beyond the jurisdiction in question, which doubtless
was exercised in the Straits of Dover and perhaps in the Channel when
the coasts on each side were in the possession of the crown, there is a
lack of evidence to prove that any claim of the kind was made. In those
times the kings of England were not infrequently styled Lords of the
Sea, but this appears to have been either because of the existence of
this “sovereign lordship” in the neighbouring waters, or, more usually,
because they held at the time the actual command and mastery of the
seas in a military sense. There were long periods when nothing was
heard of any pretension by England to a special sovereignty of the sea,
and, in point of fact, the characteristic features of appropriation
were always absent. No tribute was levied on foreign shipping passing
through the Channel or the narrow seas, even when both coasts were
held by the king, as was done by Denmark at the Sound and by Venice in
the Adriatic. After the battle of Agincourt, when Henry V. had been
recognised by the Treaty of Troyes as the future king of France and the
power of England was predominant, the proposal of Parliament that such
tribute should be levied was set aside. Foreign ships of war freely
navigated the adjacent seas without asking or receiving permission to
do so. The sea fisheries, moreover, were not appropriated. All people
were at liberty to come and share in them, and this freedom to fish
on the English coast was expressly provided for in a long series of
treaties with foreign Powers. The so-called sovereignty of the seas
exercised by England thus differed from the actual sovereignty enjoyed
by Venice and the northern states of Europe, whose rights were,
moreover, recognised in numerous treaties with other nations.
Public-domain text, read in full here on John Shaqi.
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