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
It is obvious from the foregoing that the opinions expressed by
Grotius as to the appropriation of the sea were not always consistent,
and were sometimes self-destructive. If the fluidity and physical
nature of the sea made it impossible to occupy or appropriate it, the
objection applied as much to one part of it as to another, since it is
everywhere fluid; and the admissions in his later book stultify many
of the statements in the earlier one. It seems to be indisputable that
Grotius was to some extent influenced by his environment, and expanded
or contracted his argument to meet the conditions at the time--that he
was, in short, like all the others, more or less of an advocate. When
he published his greater work he was in the service of the Queen of
Sweden, who claimed a somewhat extensive maritime sovereignty in the
Baltic, and it is not unlikely that this influenced him in making the
admissions referred to.
The immediate object for which _Mare Liberum_ was published--the
recognition of the right of the Dutch to sail to the East Indies and
to trade there--was achieved by the treaty of Antwerp in the month
following its appearance,[630] and no reply from the Portuguese or
Spaniards to the arguments of Grotius was published till sixteen years
later. Grotius tells us that a work in refutation of _Mare Liberum_
had been prepared by a scholar of Salamanca, but it was suppressed
by Philip III.;[631] but in 1625, when Philip IV. was on the throne,
an elaborate defence of the rights of Portugal in the Indies and a
reply to Grotius was published by Franciscus Seraphinus de Freiras,
a Spaniard, who dedicated his book to the king.[632] The Venetians
also, whose power had by this time declined, began to defend with the
pen their rights in the Adriatic. These rights had been indirectly
assailed by the general argument of _Mare Liberum_, and directly in
the writings of de Castro and Vasquius, from which Grotius had quoted
liberally; and now at the beginning of the seventeenth century they
were actively contested by other Powers, and in particular by Spain.
Hence quite a number of works defending the claims of Venice appeared
at this period, the best of which was that of Pacius, who relied on
the opinions of numerous early jurists, as Bartolus, Baldus, and
Angelus; on immemorial possession and prescription, and stated that the
rights of the Venetians consisted in jurisdiction, the imposition of
taxes, the prohibition or regulation of navigation, the protection of
subjects, and the suppression of pirates.[633]
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