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 discharging his duties in the English Prize Courts, it often fell
to the lot of Gentilis to deal with the jurisdiction of England in
the seas, for while he held office war existed between Spain and the
United Provinces, and Spanish ships were frequently taken by the
Dutch in the neighbourhood of the British coasts. Of course, captures
made in the King’s Chambers after the proclamation of 1604 (see p.
119) were not good prize, and were restored.[645] But when a Spanish
vessel was seized clearly outside the limits of the King’s Chambers,
Gentilis argued that it was not good prize, because, first, the treaty
of peace[646] between Spain and England provided that the subjects of
either were to be protected in all places throughout the dominions of
the other; and, second, the dominion of the King of England extended
far into the neighbouring seas. He seemed to stretch the joint
sovereignty of Spain and England as far as America, pointing out that
the southern coasts of Ireland were opposite to Spain, and the western
coasts were bounded by the Indies belonging to Spain, while the
northern coasts of Britain, having no countries lying against them,
were washed by an immense and open sea. He held that the proclamation
of 1604, fixing the limits of the chambers in connection with acts of
hostilities between the Spaniards and the Hollanders, ought not to
prevail against the provisions of the treaty, for the proclamation
was subsequent to the treaty, and it would be unjust to allow it
to lessen the extent of the territory (sea) over which protection
was to be afforded by the terms of the contract. It was not a valid
argument, Gentilis continued, to say that the boundaries expressed in
the proclamation--that is, the King’s Chambers--had been observed long
before by common usage in relation to similar cases.[647]
There is no doubt, however, that although Gentilis as an advocate took
this line of pleading, the boundaries of the King’s Chambers from
headland to headland, as defined by James in his “plat,” were received
as settled law in regard to neutrality both in the English courts and
on the Continent.[648] Gentilis further urged that the limit fixed by
the Italian jurists for the extent of jurisdiction--viz., 100 miles
from the coast, unless the proximity of another state interfered with
its application--also was in force off the British coasts, a view which
the court declined to accept.
Public-domain text, read in full here on John Shaqi.
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