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
With regard to the other questions of sovereignty or exclusive rights
in the seas washing the coasts of a country, it is becoming more and
more recognised that there is no reason in nature why the boundary
for one purpose should be the boundary for all purposes. Just as
the three-mile limit is now obsolete in respect to belligerents and
neutrals in time of war, so is it inadequate in all cases with regard
to the protection and preservation of the sea fisheries. In the
concluding chapters of this book it is shown that all recent inquiries
by Parliament into the condition of the fisheries, especially of the
North Sea, have resulted in proving the inadequacy of the present limit
for fishery regulations, and in recommendations that the subject should
be dealt with internationally by the various countries concerned.
SECTION I.
THE HISTORY OF THE CLAIMS TO THE
SOVEREIGNTY OF THE SEA
CHAPTER I.
EARLY HISTORY.
When the claim of the English crown to the sovereignty of the British
seas became a question of international importance in the early part of
the seventeenth century, the records of history and the treasures of
ancient learning were searched for evidence to establish its antiquity.
Some of the greatest lawyers and scholars of the time took part in the
task, and they were not always content with the endeavour to prove that
the claim was in conformity with the laws of England as an old heritage
of the crown, but they tried to trace it back to a remote past. Selden,
who was incomparably the ablest and most illustrious champion of the
English pretension, as well as Boroughs and Prynne and other writers
of lesser note, laboured with more or less erudition and ingenuity
to show that the British dominion in the adjoining seas was anterior
to the Roman occupation. From the ancient Britons it was supposed to
have passed to the Roman conquerors as part and parcel of the British
empire, and to have been exercised by them during their possession of
the island.[14] It is unnecessary to discuss the evidence and arguments
for these contentions. They are for the most part drawn from scattered
passages or even phrases in the writings of classical authors, to which
a strained and improbable significance was assigned. An example may
be given from Selden, who, in referring to the well-known passage in
Solinus[15] in which Irish warriors are described as decking the hilts
of their swords with the tusks of sea-beasts (walrus), first tries to
show that the passage applied also to the Britons, and then argues that
there must have been a great fishing and a large number of fishermen
to provide sufficient material, the conclusion being that the British
seas were “occupied” by navigation and fishing. In reality the walrus
tusks came by barter from the north, and there is little or no evidence
to show that the ancient Britons fished for anything except salmon. At
the utmost it may be said that the Romans were masters of the British
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