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
Concessions were also made as to the striking of the flag. “The 15
article,” said Cromwell, “to be as following: that the ships and
vessels of the United Provinces, as well men-of-war as others, meeting
at sea with any of the ships of war of the State of England, shall
strike their flag and lower their top-sail, and perform the other
respects due to this State until they be passed by”; but the request
that a naval commission should draw up a “regulation” on the subject
was not acceded to. On the other hand, the clauses which stipulated
for a right of visitation of Dutch ships at sea, and the declaration
that the dominion and sovereignty of the sea belonged to England,
were entirely withdrawn; but the Protector would not yet part with
the clause which provided for an English fleet to guard the seas and
protect commerce. Surely, he said in effect, since the article limiting
the number of warships has been withdrawn, you will not contest our
dominion of the sea in this?--and at this stage it was retained, with
the remark, “this article is insisted on.” One of the new clauses
provided that not more than eight men-of-war at a time were to enter
any port of the other Power, unless constrained by force of tempest,
without having obtained consent to do so; and when compelled to enter
by danger of the sea, they were immediately to signify to the chief
magistrate the cause of their coming, and to leave when he required
them to depart.[787]
On the subject of striking the flag, the deputies were not yet
satisfied. They still continued to urge that a “regulation” should be
prepared; and they now raised a new point. Cromwell had always used
the words “at sea,” which might mean any sea or any part of the sea.
They now desired that the ceremony should be restricted to the narrow
seas, “which,” they said, “are called the British seas.”[788] To this
proposal Cromwell assented in so far that the words “in the British
seas” were inserted later. It is curious to notice how the meaning of
the term “British Sea” thus became confused even within the compass
of a single treaty. In reference to this article, the Protector made
the important admission that the narrow seas and the British seas
were synonymous.[789] In the third article, as we have seen, the same
term was used, and it was natural for the Dutch to suppose that it
there had the same significance and meant the narrow seas or Channel.
Since the clause dealt with a matter of great practical importance,
namely, the restitution of vessels that might be captured after a
specified date, and the term “British seas” appeared to be restricted
to the Channel, they wished specifically to include in it the North
Sea and the East Sea (or Baltic), both regions of great traffic. The
envoys were accordingly instructed later by the States-General to have
these words added, so that the clause would read, “excepting such
depredations as shall be committed in the British Sea, the East Sea,
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