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
Throughout almost the whole of the remainder of the century after
the appearance of _Mare Clausum_, Selden’s authority was paramount
on all questions relating to the sovereignty of the sea, and his
description of the extent of the British seas was very generally
adopted, both by writers and by the Government, at least in theory.
But it not infrequently happened on particular occasions when a
precise definition of their extent was required, that only a vague
declaration was forthcoming. Again and again one finds English admirals
and naval commanders imploring the Admiralty to tell them the bounds
of the British seas, so that needless broils about the salute might
be avoided. As a rule, no reply was given to their inquiries; and
when it was, it was usually so oracular as to be of little practical
advantage. Thus the Earl of Lindsey, when placed in command of the
first ship-money fleet, put the question to Secretary Coke, and was
told that his Majesty’s seas “are all about his dominions, and to the
largest extent of those seas,” and similar explanations were given on
other occasions. There is evidence that neither the Admiralty nor the
law officers of the crown were able to state what the boundaries of the
British seas were, and sometimes the Trinity House was appealed to,
with but little better result. In truth, it was part of the national
policy to leave their boundaries undetermined. The free navigation
of the North Sea and the Channel was of vital importance for many of
the states of Europe, and three of them at least--the Netherlands,
France, and Spain--had large interests in the fisheries on the British
and Irish coasts. If this country had by a formal act of state
assigned definite and wide boundaries to the British seas within which
sovereignty was claimed, it would have led to frequent and hopeless
wars or to constant humiliation. By leaving them vague and ambiguous
the pretension to maritime sovereignty could be put forward and used
as a political instrument when the navy was strong and occasion
offered, and when the navy was weak the pretension might fall into
the background without the national honour being unduly tarnished. But
on the whole, the claim to the sovereignty of the so-called British
seas became an anachronism and was allowed to die out from practical
affairs, surviving only in the pages of historians, naval writers, and
pamphleteers. During the almost constant naval wars in the eighteenth
century a new principle came into being for the delimitation of the
neutral waters of a state, the extent of the adjacent open sea that
might be appropriated being determined by the range of guns from the
shore. All the water within reach of cannon-shot could be protected
and commanded by artillery on the land, and thus made susceptible
of exclusive and permanent dominion. This principle was accepted
very generally by the various maritime Powers as offering a just and
equitable means of fixing the limits of their territorial waters,
Public-domain text, read in full here on John Shaqi.
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