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
As was natural, the appearance of Selden’s book created anxiety
in Holland. Its very title was a challenge to the much-cherished
principles in _Mare Liberum_, and the circumstances connected with its
birth heightened its political importance. It was felt to be almost
equivalent to a declaration of the king himself. The simultaneous
measures for the formation of an English fleet of unexampled strength
made the Dutch fear for even more than their herring fishery. Their
interest in the book was shown by the fact that within a year of
its publication no less than three editions were brought out in
Holland.[671] It was promptly brought before the States of Holland, on
11th December 1635, and remitted to one Professor Petrus Cunæus for
examination and report.[672] His report was read on 31st March 1636,
and the States of Holland, after hearing it, resolved to look upon
_Mare Clausum_ merely as the work of a private person, which did not
require any special procedure on their part.[673] The States-General,
however, took another view of the book, and decided that it should
be formally refuted, since they had learned that King Charles would
attempt to establish his pretended rights over the so-called four seas
by arguments borrowed from _Mare Clausum_. No doubt at this juncture
the thoughts of men in Holland were turned towards Grotius, the one
above all others most worthy of the task of refuting Selden. But
Grotius was then the Swedish ambassador in France, and did not wish to
offend his royal mistress by publicly opposing claims not dissimilar
to those she herself made in the Baltic.[674] If we can trust Sir
Kenelm Digby, Grotius was even pleased to see his works refuted. In a
letter from Paris about Selden’s book, which was “much esteemed” there,
Digby said Selden was not to expect a reply from Grotius, “who wrote,
he says, as a Hollander, and is exceeding glad to see the contrary
proved.”[675]
The official refutation of _Mare Clausum_ was, by a resolution of the
States-General on 28th April 1636, entrusted to a lawyer of Delft,
called Dirck Graswinckel, who does not appear to have been very well
fitted for so onerous a duty. His treatise in reply to Selden was not
submitted to the States-General until 13th April in the following
year, and by that time much had happened to alter the political
complexion of affairs. The States-General had then reason to believe
that the campaign which Charles had been carrying on against the Dutch
herring-busses would be suspended (p. 315), and probably never resumed;
and after remitting Graswinckel’s work to a committee, it was finally
set aside and was never published, while the author was soothed by the
substantial pension of 500 gulden a-year for his pains.[676]
Public-domain text, read in full here on John Shaqi.
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