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
This charge cannot be made against the two authors whose voices were
raised in opposition to the prevailing opinions as to the appropriation
of the sea before the work of Grotius appeared, and of whose writings
he made considerable use. One of these was a Spanish monk, Francis
Alphonso de Castro, who wrote about the middle of the sixteenth
century, protesting against the Genoese and Venetians prohibiting
other peoples from freely navigating the Ligurian and Adriatic Seas,
as being contrary to the imperial law, the primitive right of mankind,
and the law of nature; and also against the Spanish and Portuguese
claims for exclusive rights to the navigation to the East and West
Indies.[614] The other author, also a Spaniard, was Ferdinand Vasquez
or Vasquius, who expressed the same opinions as de Castro, and for
the same reasons. He held that the sea could not be appropriated, but
had remained common to mankind since the beginning of the world; that
the claim of the Portuguese to forbid to others the navigation to the
East Indies, and that of the Spaniards to a similar prohibition to
sail through “the spacious and immense sea” to the West Indies, were
no less vain and foolish (_non minus insanæ_) than the pretensions of
the Venetians and Genoese. The law of prescription, he said, was purely
civil, and could have no force in controversies between princes and
peoples who acknowledged no superior, because the peculiar civil laws
of any country were of no more value with respect to foreign nations
than as if they did not exist; to decide such controversies recourse
must be had to the law of nations, primitive or secondary, which it
was evident could never admit of such a usurpation of a title to the
sea. With regard to the right of fishery, Vasquius drew a distinction
between fishing in the sea and in rivers or lakes. He held that the sea
had been from the first, and still remained, by the primitive right
of mankind, free both for navigation and fishing, and that its use
could not be exhausted by fishing, while lakes and rivers may be so
exhausted.[615]
From the foregoing, it will be seen that Grotius had ready to his hand
many of the legal arguments of which he made so much use; but the
strength of his work lay rather in its appeal to the sense of justice
and the conscience of the free peoples of Christendom, to whom it was
dedicated. The Spanish authors, moreover, were not in a position to
assail the validity of the Papal Bulls, upon which the Spanish and
Portuguese claims were partly founded, whereas it was against them that
the Protestant writer levelled some of his most powerful philippics.
Public-domain text, read in full here on John Shaqi.
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