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
Another class of evidence adduced by the English authors refers to the
impressment of ships for the defence of the realm or the transport of
troops on occasions of emergency. These duties were at first performed
by the vessels of the Cinque Ports, in accordance with their charters;
but as early at least as the reign of Richard I., ordinances were
issued (at Grimsby) regulating the mode of arresting vessels and
men for the service of the king,[38] and it became an established
and common practice. Numerous instances occur which show that on
such occasions foreign vessels were not exempt from arrest, though
compensation was at least sometimes made to their owners.[39] The
argument of the English writers that these arbitrary proceedings were
evidence of the dominion exercised by the kings of England on their sea
is rebutted by the practice in France. Froissart[40] tells us that the
French adopted similar measures in 1386 when they were preparing for an
invasion of England, and the practice was doubtless common enough, and
justified by the emergency which occasioned it.
With regard to the most important attribute of maritime
sovereignty--the right to exclude others from an equal use of a
particular sea by prohibiting navigation, at least of vessels of
war, and from fishing in it, or by imposing dues and conditions for
the liberty--there is scarcely a scrap of evidence to show that any
authority of the kind was exercised by England in the adjacent seas.
The circumstance is noteworthy, inasmuch as other countries which then
enjoyed undoubted maritime sovereignty, did not permit unrestricted
navigation or fishing in the seas specially under their control, as
Venice in the Adriatic, and Denmark in the northern seas and in the
Baltic. The evidence concerning the liberty of fishing in the sea
along our coasts is dealt with in another chapter, but it may be
said here that this liberty was provided for in a series of treaties
with other Powers. As for liberty of navigation, it was asserted, or
rather implied, by Selden, in guarded language, that the kings of
England anciently possessed the power of refusing it;[41] but the
evidence relates for the most part to passports and safe-conducts “by
land and sea,” and to the impressment of vessels, referred to above.
There appears to be not a single fact to prove that the liberty of
innocent navigation in the English seas was ever interfered with by
the king. The Parliament of Ireland, it is true, passed an Act in
1465 prohibiting all foreign vessels “from going to fish at Ireland
among the king’s enemies” without first obtaining a license, on pain
of forfeiture of the vessel. But it is clear from the preamble that
the Act was passed because foreign vessels frequenting the Irish coast
for fishing were supplying the king’s enemies with money, arms, and
provisions.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account