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 English writers of the seventeenth century who strove to prove
that the kings of England anciently exercised an exclusive sovereign
jurisdiction over the so-called Sea of England, as if it were a
“territory or province of the realm,” quoted largely from the old
Admiralty records. Selden sought to show that they had perpetually
enjoyed the dominion of the surrounding sea from the coming of the
Normans from the fact that they had maintained a guard upon it.[32]
The evidence adduced, however, merely proves that measures were
taken for guarding the seas, defending the coasts, and suppressing
piracy,--duties which were discharged, even in the same seas, by the
Admiralty of other countries, as that of France. Such phrases as “to
guard the seas,” “to guard the sea and sea-coasts,” are common enough
in the early records of the Admiralty,[33] but they do not imply
exclusive dominion. It was a duty common to neighbouring nations. In
England, from the time of Henry I., at the beginning of the twelfth
century, orders were given for the seas to be guarded as occasion
required; and officers were appointed by Henry III. and other kings as
Wardens, Keepers, and Guardians of the sea and sea-coasts, and also
as Governors and Captains of the Navy, whose title was subsequently
changed to Admiral in the latter part of the thirteenth century,
following the practice of the merchant associations, as above
mentioned. Much was made by the English writers of the appointment of
admirals by the kings of England for safeguarding the sea. The first
appears to have been appointed in 1297 with the title of Admiral of
the Sea of the King of England,[34] but before this time the King of
Castile and Leon had appointed an admiral with similar duties, and an
Admiral of all France was appointed about the year 1280.[35] So too
with the equipment of fleets. Edward I. divided the ships charged with
the guarding of the seas into three squadrons, each with an admiral,--a
measure which, it was argued, showed his resolution to maintain his
dominion of the sea. But the practice in France was similar. From an
early period French fleets were equipped under “governors or custodians
of the sea” (_præfectus maris_), “lieutenants-general of the sea and
the shores thereof,” and “admirals,” and their maritime jurisdiction
was regulated from at least the early part of the fourteenth
century.[36] Selden laboured to show that the office of admiral and the
admiralty jurisdiction had a different significance in France from what
they had in England,[37] but on quite inadequate grounds.
Public-domain text, read in full here on John Shaqi.
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