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
Until the accession of the Stuarts indeed, any pretension of England
to a sovereignty in the sea had but little international importance.
The custom of lowering the sail by vessels encountering a king’s ship,
which probably, as above described, originated in a practical way,
had grown into a ceremony in which the top-sails were dropped and
the flag hauled down; but it is evident that this was done, even in
Tudor times, rather as a matter of “honour” and respect than as an
acknowledgment of maritime sovereignty. But after the Stuarts came to
the throne the claim of England to the sovereignty of the sea became
prominent in international affairs. The doctrine may be said to have
been introduced by this dynasty and to have expired with it. One of
the first acts of James I. was to cause to be laid down on charts the
precise limits of the bays or “chambers” along the English coast,
within which all hostile actions of belligerents were prohibited. This
sensible proceeding, which had reference to the continuance of the war
between the United Provinces and Spain (from which James had himself
withdrawn), is not to be regarded as in any sense an assertion of
maritime sovereignty or jurisdiction beyond what was customary; and
it does not appear that any other prince or state contested the right
of the king to treat these bays and arms of the sea as territorial in
respect of neutrality. The limits of the “King’s Chambers” were fixed
by a jury of thirteen skilled men, appointed by the Trinity House,
according to their knowledge of what had been the custom in the past;
and there is little doubt that the limits they adopted merely defined
in an exact way what was previously held to be the waters under the
special jurisdiction of the crown, or, in other words, the “Sea of
England,” though the latter doubtless included, at times at least, the
Straits of Dover and perhaps the Channel as well.
Public-domain text, read in full here on John Shaqi.
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