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
In the spring of 1647, the Committee of the Admiralty, for some reason
or other, appears to have devoted special attention to the question of
the flag and the sovereignty of the sea. Collections were made from the
Admiralty archives of precedents showing that all ships refusing to
strike in English waters were to be reputed enemies, and were liable
to forfeiture,--the examples beginning with the Ordinance of King
John and ending with the instructions issued by Charles.[684] These
collections were probably made in connection with the instructions
which the Committee drew up at this time for the guidance of the
captains and officers of the navy, and which were essentially similar
to those given by Charles to his ship-money fleets. “It must be your
principal care,” they ran, “to preserve the honour of this kingdom, and
the coasts, jurisdictions, territories, and subjects thereof, being in
amity with the Parliament, and within the extent of your employment,
as much as in you lieth; that no nation or people whatsoever intrude
thereon or injure any of them. And if you chance to meet in any of the
seas that are under the jurisdiction of England, Scotland, and Ireland,
with any ships or fleets belonging to any foreign prince or state, you
must expect that they, in acknowledgment of this kingdom’s sovereignty
there, shall perform their duty and homage in passing by, in striking
their top-sails and taking in their flags.” If they refused they were
to be forced to do so in the usual way. It will be noticed that the
region within which foreigners were to be compelled to strike was
greatly extended by the Parliament. Up to and including the reign of
James the “acknowledgment” was confined to the narrow seas, in which
it had been exacted for centuries; Charles in 1635 ordered Lindsey to
compel it “in his Majesty’s seas,” and now the Parliament extended
it specifically to all the seas under the jurisdiction of England,
Scotland, and Ireland. From a clause in the instructions it is clear
that the seas over which the Parliament claimed sovereignty reached
to the coasts of the Continent; but a territorial limit was excepted
on foreign coasts. The clause in question enjoined the naval officers
“to be very careful not to meddle with any ships within the harbours,
or ports, or under the command of any of the castles of any foreign
prince or state, or within any buoys (Buoyes) or rivers, that they may
have no just cause of offence.” Another feature of these instructions
is of interest. The clause which was inserted in the instructions to
Lindsey and Northumberland in 1635, 1636, and 1637, commanding them
to prevent all hostilities between men-of-war or merchant vessels in
the presence of the king’s ships, was repeated.[685] The Parliament
clearly intended to abate no jot of the pretensions which had been put
forward by the king.
Public-domain text, read in full here on John Shaqi.
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