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
Two years later Welwood returned to the theme, and published a formal
little book on the dominion of the seas.[637] It was dedicated to
Queen Anne, who had just been endeavouring to set up a fishery society
with power to tax foreign fishermen (p. 161), and, as explained in
the dedication, the book was specially directed against the freedom
unlawfully usurped by foreigners of fishing in the British seas. It may
be regarded as an amplification of his chapter in the _Abridgement_,
but is much superior and more logically arranged; and being written
in Latin, it attained, if not a reputation, at least considerable
recognition on the Continent. He urges strongly that the sea as well
as the land is capable of distinction and dominion, both by human and
by divine law, and explains the contrary opinion of many publicists,
poets, and orators (so copiously quoted by Grotius) by saying they
were ignorant of the true law of nature, and had infected the minds of
later generations with “a preposterous notion concerning some universal
community of things.” The adjacent sea is claimed for the neighbouring
state, because it is as necessary there as it is on land that some one
should have jurisdiction, and this jurisdiction ought to be exercised
by the neighbouring prince, so that both the land and the sea should
be under the same sovereignty. The part of the sea next the land is,
moreover, so joined to and, as it were, incorporated with it, that the
ruler of the land is not permitted to alienate either a part of it, or
the use of it, or to let it out (_locare_) any more than his kingdom or
the patrimony of his kingdom. He held that it was incontestable that
the vast and boundless waters beyond the _mare proximum_ were open
to all nations indifferently for all uses, but that in the adjacent
sea the neighbouring prince had in particular two primary rights
besides jurisdiction--namely, the right of navigation and the right
of fishing, with the power to impose taxes for either. He maintained
that fishing in the sea was for the most part appropriated, and for a
clear reason. God had appointed the fishes (herrings) to swarm along
the coasts of Britain and the surrounding isles at seasons and places
which He had pre-arranged, and for the benefit of the inhabitants: why,
then, should the people be hindered from possessing as their own this
benefit which God had granted them? He would be unwilling to deny the
communication of this natural advantage to other nations, “but only by
the same law by which they possess their own, that is by a just price.”
Yet, notwithstanding this special blessing which had been granted
to the British people, they were despoiled of it and of their just
rights, owing to their seas being taken possession of, as it were, by
a continual inundation of foreign fishermen, so that the shoals were
scattered and the fishery exhausted. Welwood then refers to the alleged
old agreement between the Scotch and the Dutch, whereby the latter were
Public-domain text, read in full here on John Shaqi.
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