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
The contention that the crown had the right of property in the sea
and its bed, denied by Plowden, received in the reign of James much
fuller amplification at the hands of Serjeant Callis, whose well-known
lectures on the Statute of Sewers were delivered in 1622.[652] Callis
argued that in “our _Mare Anglicanum_” the king had, by the common
law of England, four “powers and properties”: sovereignty (_imperium
regale_), legal jurisdiction for the administration of justice,
property in the soil under the sea and in the water, and possession
and profits both real and personal. He cites in proof a number of
authorities, legal and historical, such as were cited later by Selden.
The statement in a case decided in the reign of Richard II. (1377-99),
that “the sea is within the legiance of the king as of his crown of
England”; the charter of the Admiral giving him power in maritime cases
throughout the realm of England; the phrases in certain statutes; the
right to wreck and royal fishes, and so forth, “proved the King full
Lord and owner of the seas, and that the seas be within the realm of
England.” The king rules on the sea, he held, “by the laws imperial”
as by the Roole d’Oleron and others, but only in the case of shipping
and for merchants and mariners; his rights of property in the bed and
waters of the sea, and the personal profits (wreck, flotsam, &c.)
accruing, were his by the common law. Callis did not deal with fishing,
nor attempt to define the bounds of “the seas of England” in which the
king had property and jurisdiction.
The interpretation of the law as to the rights of the crown in the
seas, as propounded by Callis, was followed by Selden and Hale, and
generally by the lawyers who came after him. Lord Chief-Justice Coke,
in his _First Institute_, which was published in 1628, explains the old
phrase “within the four seas” (_infra quatuor maria_) as meaning within
the kingdom and dominions of England; for if a man be upon the sea
of England he is “within the kingdom or realm of England, and within
the ligeance of the king of England, as of his crown of England.” In
his _Fourth Institute_, which was not published, however, till 1644,
ten years after his death, when treating of the Admiralty Court, Coke
entered more fully into the question of the rights of the crown in the
seas of England; and, as already mentioned, he looked upon the roll
of Edward I., _De Superioritate Maris_, as proving that the king’s
right of dominion over the sea had been expressly acknowledged by
neighbouring nations.
Public-domain text, read in full here on John Shaqi.
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