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
Nevertheless, Boroughs’ work was the first successful attempt to bring
together a great array of historical facts in favour of the English
claims to the dominion of the seas. Like Selden, he begins with the
Roman occupation of Britain in order to show that from the first the
“British nation had the supreme power of command of their own seas”;
and, moreover, he gives all the more important documents to be found
in _Mare Clausum_,--the ordinance of John, the rolls of Edward I. and
Edward III., the charter of Edgar, the Laws of Oleron, commissions to
the admirals, safe-conducts, and extracts from the Burgundy treaties.
He is very emphatic as to the king’s right to the dominion of the seas
and the fisheries. “That princes,” he says, “may have an exclusive
property in the soveraigntie of the severall parts of the sea, and in
the navigation, fishing and shores thereof, is so evidently true by
way of fact, as no man that is not desperately impudent can deny it”;
and--no doubt for the benefit of the Dutch--he adds that “if any nation
usurp our rights, the king has a good sword to defend them.” He asserts
that the kings of England in succession had the “sovereign guard” of
the seas; had imposed taxes and tributes upon all ships navigating or
fishing in them; and had closed and opened the passage through them
to strangers, as they saw cause. The sovereignty of the sea he calls
“the most precious jewel of his Majesty’s crown, next (after God) the
principal means of our wealth and safety.” A considerable part of the
treatise is taken up with the fisheries, the information being almost
wholly derived from previous writers; the usual comparisons are drawn
of the flourishing state of the fisheries of Holland and the poor
condition of those of England, and the usual statements made as to
the benefits that would accrue to the kingdom if the fisheries were
developed.
Boroughs’ treatise, however interesting from the historical documents
it contained, had serious defects when considered as a formal
justification to Europe of the policy of Charles. The facts were not
skilfully marshalled; the deductions were bald and crude; and above
all, it was destitute of arguments and reasoning founded on law.
Grotius was then the Swedish ambassador at Paris, his works were well
known and esteemed throughout Europe, and it would have been indiscreet
to attempt to answer his elaborate arguments against such claims to
_mare clausum_ by saying that these claims were self-evident and that
only an impudent person would deny them.
Public-domain text, read in full here on John Shaqi.
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