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
of the various manuscripts containing the ordinance of John is given
by Sir Travers Twiss in the Introduction to the _Black Book of the
Admiralty_; and through his efforts the original _Black Book_, lost
for more than half a century, was found at the bottom of a chest in
1873.[57] Twiss gives the following free translation of the ordinance,
made by the Registrar of the Admiralty Court in the reign of James
II.:--
ITEM, it was ordained at Hastynges for lawe and custome of the sea
in the tyme of Kyng John, in the second yeare of his raigne, by the
advice of his temporall lordes, that if the lieutenant of the king or
the admirall of the king or his lieutenant in any voyage appointed
by Common Counsell of the Kyngdom did at sea meet with any shyps or
vessells laden or empty which would not stryke and lower their sailes
at the command of the kyng’s lieutenant, or the kyng’s admirall,
or his lieutenant, but makeing resistaunce against those of the
ffleet, that if they can be taken that they be reputed as enemies,
and their shyps, vessells, and goodes, taken and forfeited as goodes
of enemies, albeit that the maysters or possessors thereof should
afterwards come and alleadge the same ships, vessells, and goodes to
be the goodes of friends of our lorde the kyng, and that the company
therein be chastized by imprisonment of their bodies for their
rebellion at discretion.[58]
This ordinance is the last of a series of articles in the third
part of the _Black Book_, which contains Admiralty regulations, the
Laws of Oleron, and other three ordinances of King John, as well as
ordinances which purport to have been made in the reigns of Henry
I., Richard I., and Edward I. The facts ascertained by Sir Travers
Twiss show that of the six or seven extant manuscripts which contain
the ordinance, the oldest was written before 1422 and probably about
1420,[59] and appears to have been drawn up for the use of Sir Thomas
Beaufort, the Lord High Admiral. The manuscript used by Selden was
probably written between 1430 and 1440; that of the _Black Book_ itself
a little later, but still in the reign of Henry VI.[60] The others
are not older than the seventeenth century. None of the manuscripts
is therefore contemporaneous with the reign of John, but it is clear
that the ordinance existed and was ascribed to John in the reign of
Henry V., before 1422. Moreover, from intrinsic evidence it is proved
that part of the _Black Book_ originated in 1375, in the reign of
Edward III., and that the compilation of other parts of it is still
earlier. Pardessus,[61] the great authority on ancient marine laws,
is of opinion that the part of the _Black Book_ which includes the
ordinance of John contains the results of the consultations with the
judges in 1338 on the subject of the maritime laws, which were recorded
in the roll, still preserved, of 12 Edward III., _De Superioritate
Maris_--which also, as we shall see, claimed supremacy for the king
Public-domain text, read in full here on John Shaqi.
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