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
Welwood was scarcely fitted either by knowledge or capacity to be
a formidable antagonist to a giant like Grotius; and although his
writings contain quite a number of arguments which were later used
and expanded by Selden, it can hardly be said that they had a great
influence on the controversy. He looked upon _Mare Liberum_ as an
attack on the rights of King James and his subjects to the fisheries
“on this side the seas,” veiled under the pretext of asserting the
liberty to sail to the Indies. As befitted his nationality and his
time, many of his arguments were drawn from Holy Writ, and he had no
difficulty in placing Providence on the side of James and in opposition
to the Dutch. Others were more pertinent. He urged that the injunctions
of the Roman law applied only to the subjects of Rome, and not
internationally as between state and state,--an opinion also pressed,
as we have seen, by Vasquius; that the fluidity of the sea was no bar
to its occupation, and that it could be, and had been in certain cases,
divided up into marches and boundaries, by the ordinary methods used
by navigators, “so farre as is expedient for the certain reach and
bounds of seas, properlie pertaining to any prince or people,”--what
these bounds are or should be he does not say, though he quotes the
Italian limit of 100 miles with approval. He held that the liberty of
navigation was beyond all controversy, and agreed to the principle
of the complete freedom of the sea so far as concerned the “main
Sea or great Ocean,” which was “farre removed from the just and due
bounds above mentioned properlie perteyning to the neerest Lands of
euerie Nation.” To Grotius’ statement that it was worse to prohibit
promiscuous fishing than to forbid navigation, Welwood justly replied
that if the free use of the sea is interfered with for any purpose, it
ought to be chiefly for the sake of the fishings, if the fishes become
exhausted and scarce, as he says was the condition at that time on the
east coast of Scotland, from the “neere and dailie approaching of the
busse fishers” scattering and breaking the shoals, so that no fish
“worthy of anie paines and travels” could now be found.
Public-domain text, read in full here on John Shaqi.
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