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 — John Shaqi
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
vanish altogether, at least as a thing to be regarded in international
affairs. In the earlier records in which the sea is referred to in
connection with English law or jurisdiction, it is evident that a
certain part was held to appertain to the crown. In an article in the
_Black Book of the Admiralty_ which is ascribed to the reign of Henry
I. (A.D. 1100-1135), reference is made to “the sea belonging to the
king of England”; in John’s ordinance of 1201 the term was simply “the
sea” (_la mer_), but very commonly it was “our sea,” or the “sea of
England,” or “the sea under the dominion or jurisdiction of the king”;
while the declaration is often made that the kings of England are lords
of the sea or of the English sea.[5] Similar phrases were used in
later times. Thus Queen Elizabeth spoke of “our seas of England and
Ireland,” and James of “his seas” and “streams,” as did also Charles
I.; and such terms as “the adjacent sea,” the “environing seas,”
the “ambient seas,” and “the seas flowing about the isle,” were not
uncommonly used.[6] Still more common and scarcely more definite was
the term the “Four Seas of England,” or simply the “Four Seas,” which
was employed as early as the thirteenth century in law books, statutes,
and official documents, as indicating the boundaries of the realm in
connection with legal proceedings. Within the four seas (_infra_ or
_intra quatuor maria_; dedeinz les quaters meers) was to be within the
realm; and without the four seas (_extra quatuor maria_, oultre les
quaters meers) was to be without the realm.[7]
In the seventeenth century, when the English pretension to the
sovereignty of the sea was at its height, Coke, Selden, Prynne, and
others maintained that to be on the four seas, as well as within them,
was to be within the realm, under the jurisdiction of the Admiralty,
and this doctrine was held, at least formally, as late as 1830.[8]
Rarely the “Three Seas” are mentioned,[9] and less rarely the “Two
Seas,” by which was meant the two arms of the sea passing respectively
between England and France, and England and Flanders, and corresponding
to one of the meanings of the Narrow Sea.
Public-domain text, read in full here on John Shaqi.
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