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
An important light is thrown on the nature of the jurisdiction
exercised by the English admiral by the memorandum of 12 Edward III.,
in the same roll, the documents in which were collected together at
the time it was written, in connection with the consultation of the
judges to which it refers.[81] It recites that, among a number of
other things, the King’s Justiciaries were to be consulted as to the
appropriate method of revising and continuing the form of proceedings
instituted and ordained by Edward I. and his Council for maintaining
and preserving the ancient supremacy of the crown in the sea of
England and the right of the admiral’s office over it, with the view
of correcting, interpreting, declaring, and upholding the laws and
statutes made formerly by his ancestors, the kings of England, for
the maintenance of peace and justice among the people of all nations
whatsoever passing through the sea of England, and to take cognisance
of all attempts to the contrary in the same, and to punish delinquents
and afford redress to the injured; which laws and statutes, the
memorandum states, were by Richard I., on his return from the Holy
Land, corrected, interpreted, and declared, and were published in the
Island of Oleron and named in the French language _La Loy Oleroun_.[82]
This memorandum furnishes an important clue as to the nature of the
jurisdiction exercised in the so-called sea of England. It is evident
from the concluding part that the laws and statutes referred to are the
mercantile marine laws, which were best known in this country as the
Laws of Oleron, and are included in the _Black Book of the Admiralty_
together with other articles peculiar to the English Admiralty.[83]
They appear to have been published by Richard I. at the end of the
twelfth century, at a time when the old customs of the sea began to be
committed to writing, as rules proper to be observed by the admirals
of his fleet for the punishment of delinquencies and the redress of
wrongs committed on the sea. They were continued among the Admiralty
regulations in subsequent reigns, and it was part of the duties of the
admiral to see that they were duly observed in the seas within his
jurisdiction. The powers of the admiral were extensive, as may be seen
from the memorandum of the fourteenth century defining his office and
duties, which has been published by Nicolas,[84] by those given by
Twiss in the _Black Book_,[85] and later by Godolphin.[86]
Public-domain text, read in full here on John Shaqi.
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