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 maritime sovereignty claimed by Selden for the kings of England
was of the most absolute kind. Speaking particularly of the eastern
and southern parts of the English sea, lying between England and
the shores of France and Germany,--in which Charles was especially
interested,--he declared that the powers exercised by the kings of
England from the time of the Norman Conquest were as follows: (1)
the custody, government, and admiralty, as if it were a territory or
province of the king; (2) leave of passage granted to foreigners at
their request; (3) liberty of fishing in them conceded to foreigners,
and protection afforded to their fishermen; (4) the prescribing of
laws and limits to foreigners in hostility with one another as to the
taking of prizes.[670] It is to be noted that Selden in expounding his
case expressly rejected the principle of the mid-line, the limits laid
down by the Italian writers, and those prescribed by King James in
defining the King’s Chambers; and he disclaimed the arguments used by
the English commissioners at the Bremen Conference in 1602, as to the
freedom of the seas, as being contrary to English rights. He concludes
his famous book in the following words: “It is certainly true,
according to the mass of evidence set forth above, that the very shores
or ports of the neighbouring sovereigns on the other side of the sea
are the bounds of the maritime dominion of Britain, to the southwards
and eastwards; but in the open and vast ocean to the north and west
they are to be placed at the farthest extent of the most spacious seas
which are possessed by the English, Scots, and Irish.”
It may be added that _Mare Clausum_ became in a sense a law-book, an
authoritative work to which eminent lawyers, as Lord Chief-Justice Hale
and Hargrave, appealed as proving the existence and the legality of the
rights of the crown of England to the dominion of the British seas.
Even as late as the year 1830 this doctrine held its place in certain
recognised treatises on the law of England, together with Selden’s
definition of the extent of those seas. (See p. 580.)
Public-domain text, read in full here on John Shaqi.
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