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 extension of the article, unless it was to be maintained that
the whole of the French and Portuguese coasts to Cape St Vincent
were within the narrow seas, as they had defined in the fourteenth
article, which was withdrawn.[797] Cromwell then angrily told them that
he would not exchange the ratification of the treaty unless he got
the explanation and interpretation requested.[798] It was only, the
ambassadors reported home, by their earnest insistence to the Protector
that the articles had been signed with perfect knowledge on both sides
of their contents, that he passed from the point. Whatever the object
may have been in thus raising a discussion at the last moment as to the
extent of the British seas, there is little doubt that the circumstance
would prove useful to De Witt in his difficult and manifold manœuvres
to get the Act of exclusion of the House of Orange adopted.
The treaty of peace, which had been signed by the plenipotentiaries on
5th April, was ratified by the Protector on 19th April, and proclaimed
with due solemnity on the 26th May. It was received with rejoicing both
in this country and the Netherlands.[799]
Comparison of the treaty as completed[800] with the original draft
shows how thoroughly the Dutch plenipotentiaries had eviscerated the
parts dealing with the sovereignty of the sea, and stripped it of
almost all the phraseology which might imply such sovereignty. The
articles imposing tribute for the liberty of fishing; stipulating for
the visitation and search of vessels; restricting the number of their
men-of-war in the British seas; the Plantagenet claim for the guarding
of the sea; the declaration that the dominion of the British seas
belonged to England,--all had been wiped out. Cromwell indeed succeeded
in retaining the term “British seas” in its original ambiguity; but
both he and his commissioners admitted (verbally) that it meant, in
reference to the salute, only the narrow sea--a statement which was in
contradiction to the instructions issued to the naval officers, and to
the practice both before and afterwards. The clause providing for the
striking of the flag was saved, but only in a mutilated form. It ran
as follows: “That the ships and vessels of the said United Provinces,
as well those of war as others which shall meet any of the men-of-war
of this Commonwealth in the British Seas, shall strike their flag and
lower the top-sail, in such manner as the same has ever been observed
at any time heretofore under any other form of government.”[801]
This, as the States-General took care to point out to their
fellow-countrymen, was no more than they had voluntarily agreed to do,
and had instructed Tromp to perform, previous to the declaration of
war. It was, however, the first time the custom had been recognised in
a treaty.
Public-domain text, read in full here on John Shaqi.
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