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
The sea is under no one’s dominion except
God’s; it cannot by its very nature be appropriated; it is common to
all, and its use, by the general consent of mankind, is common, and
what belongs to all cannot be appropriated by one; nor can prescription
or custom justify any claim of the kind, because no one has power to
grant a privilege adverse to mankind in general.
Grotius places navigation and fishing in the sea on the same footing,
or rather he looked upon interference with the freedom of fishing as
a greater offence than interference with navigation. With regard to
imposing tribute on fishermen, he said that such as are reckoned among
the Regalia are imposed not on the thing, that is the sea and the
fishing, but on the person; and while it may be levied by a prince on
his own subjects, it is not to be levied on foreigners, for the right
of fishing everywhere should be free to foreigners, lest a servitude be
imposed on the sea which it cannot bear. An action of this kind would
be worse than the prohibition of navigation; it would be barbarous and
inhuman. If any one, says Grotius, claimed jurisdiction and sovereignty
on the great seas for himself alone against promiscuous use, he would
be looked upon as one who was aiming at extravagant dominion; if any
one was to keep others from fishing, he would not escape the brand of
insane cupidity.[620]
It is hardly possible to escape the suspicion, which was apparently
shared by King James, as it was by many others, that Grotius in these
sentences was aiming obliquely at England. Such strength of language
about the right of free fishing in the sea was scarcely pertinent to
his theme, for neither the Portuguese nor the Spaniards contested that
right, and the Dutch did not fish in waters under their control. It
would, on the other hand, be explicable if Grotius had got a hint of
James’s intention with regard to the “assize-herring” (see p. 152), and
we know that as early as the beginning of 1606 proposals were made for
the formation of an English fishery society, with taxation of foreign
fishermen, and that in the beginning of 1608 negotiations were on foot
between the English Government and the Dutch Ambassador as to the
“assize-herring.”[621]
Public-domain text, read in full here on John Shaqi.
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