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
Of greater interest and importance than this question of the lowering
of the sail or the ordinance of John is the claim put forward by the
Plantagenet kings to sovereign lordship and jurisdiction in the “sea of
England,” for the maintenance of peaceful navigation and commerce,--a
claim which may still be read in some of the rolls of Edward I. and
Edward III. The great importance of these documents for the English
pretension to dominion of the sea in the seventeenth century was shown
by the fact that Boroughs, Selden, Coke, and Prynne all quote freely
from them, Selden especially turning to them again and again for fresh
quotation and argument. They are the more interesting since the claim
to the sovereignty of the narrow sea in the reign of Edward I. could
not, as Boroughs points out, be based on possession of both shores; the
king was not then _Dominus utriusque ripæ_, as when Normandy belonged
to the English crown. The rolls in question are still preserved in
the Record Office, and the earlier parchments appear to have been
collected together in the reign of Edward III., in connection with
the consultations that the judges held in 1338 on the subject of the
maritime laws.[65]
The documents were first brought into prominence by Lord Coke[66] and
Selden,[67] both of whom published parts of them. The handwriting
belongs to the beginning of the fourteenth century, and its contents
show that it must have been drawn up after 1304 and before 1307, in
which year Edward I. died.
The events that preceded may be summarised as follows. During the
war between Edward I. and Philip the Fair of France it was concluded
between them in the year 1297 that notwithstanding the war there should
be freedom of commerce on both sides, or a truce for merchants, known
as sufferance of war, and in the following year certain persons were
appointed by both kings to take cognisance of things done contrary
to this truce, and to pass their judgments according to the law of
merchants and the tenor of the sufferance referred to.[68] On 20th May
1303 a treaty of peace and alliance was signed at Paris,[69] the first
article of which embodied a declaration of amity and mutual defence
of all their respective rights, and the third that each would abstain
from assisting or succouring the enemies of the other. A little later
in the same year four agents or commissioners were appointed by Edward
and four by Philip to hear complaints and decide upon them, and the
English members were instructed to inquire into the “encroachments,
injuries, and offences committed on either side during the truce or
sufferance between us and the said King of France, on the coasts of the
sea of England and other neighbouring coasts, and also towards Normandy
and other coasts of the sea more remote.”[70] To these commissioners
the following joint complaint or libel bears to have been submitted on
behalf of England and certain mariners of other nations, charging one
Public-domain text, read in full here on John Shaqi.
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