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
Yet, although this principle of extending and limiting the territorial
jurisdiction to 100 miles was not accepted in the English Courts, we
find it made use of in the diplomatic correspondence of the time. The
Earl of Salisbury in a letter to Cornwallis, the English ambassador
at Madrid, explanatory of James’s proclamation in 1609 forbidding
unlicensed fishing, did not seek to defend the action of the king by
reason of any intrinsic right of the crown of England to sovereignty
in the neighbouring sea, but rather upon what he alleged was the
practice of the civil law. A sovereign prince or state, he said, was
_Mundi Dominus, Lex Maris_, both because of the protection afforded to
navigation in the adjacent sea and from prescription: the adjoining
sea, as Baldus said, pertained to the territory of the neighbouring
state, and thus the Venetians, as lords of the Adriatic, could impose
taxes and penalties on navigation. “In respect of both which titles,”
continued the Earl, “the Kings and Princes in general fronting upon the
seas, as Spayne, France, Denmark, &c., have upon occasion offered, not
only made ordinances and published edicts for the ruling and better
ordering of the seas, but also have put them in execution; as well
civilly for deciding of contracts, as criminally for transgressions;
and have raised taxes and gabells in the seas as on the land to their
best benefit, as part of their regalities properly belonging unto
them, in sign of their sovereignty.” As to the distance to which this
sovereignty extended, he said it was “generally received to be about
one hundred miles at the least into the seas,” unless in narrow seas
only, in which case the limits are divided by the channel, “except the
princes of the one shore have prescribed the whole, as it falleth out
in his Majesty’s narrow seas between England and France, where the
whole appertayneth to him in right, and so hath been possessed tyme out
of mind by his progenitors.”
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