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
In the period that elapsed between the appearance of the works of
Grotius and Welwood and the publication of Selden’s _Mare Clausum_,
a number of other books were issued which dealt with the question
of the freedom of the seas and the extent to which they might be
appropriated. Gerard Malynes, in treatises on commerce which had a wide
circulation, re-echoed the opinions of Welwood, and of Gentleman and
Keymer. The “main great seas,” he said, were common to all nations for
navigation and fishing, but the bordering sea was under the dominion
of the prince of the adjoining country, and foreigners could only fish
in it by obtaining permission and paying for the privilege; within
this sea navigation was free unless it interfered with the fishings.
Malynes said that this was the practice in Russia, Denmark, Sweden, and
Italy; and he ascribed the decay of English fisheries and trade to the
admission of foreigners to fish in “his Majesty’s streames” without
paying for the liberty.[642] Two other authors, each celebrated in
his respective sphere, touched upon the king’s dominion in the seas,
and they may be regarded as representing two different aspects of the
subject, both of which became of great importance--namely, the limits
of neutral waters, and the rights of the crown by the Common Law of
England to the propriety of the sea and its bed. One was Alberico
Gentilis and the other Serjeant Callis.
Gentili, or Gentilis, who was a forerunner of Grotius in shaping
the Law of Nations,[643] was an Italian of the school of Perugia,
domiciled in England, where he held the Regius Professorship of Civil
Law at Oxford. In 1605, after the conclusion of peace with Spain,
he was appointed advocate for the Spanish embassy in London, and
was frequently employed in the Admiralty Court in cases where the
legality of the capture of Spanish vessels by the Dutch had to be
determined. His pleadings and the decisions in these and similar cases
were collected and published in 1613, after his death, and they form,
according to Wheaton, the earliest reports of judicial decisions on
maritime law published in Europe.[644]
Public-domain text, read in full here on John Shaqi.
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