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
At the time with which we are dealing the utmost lawlessness reigned on
the sea, the depredations of undisguised freebooters being scarcely a
greater evil than the constant acts of reprisal between the traders of
different nations. It was a common practice for the seamen of different
countries or cities to carry on hostilities with one another, and to
enter into treaties of peace or truce without the sovereign on either
side being concerned in their quarrels, except as mediators or umpires.
In 1317, although there was peace between England and Flanders, the
mutual reprisals of the seamen and merchants reached such a height
that commercial intercourse was entirely suspended, and Edward II.
and the Earl of Flanders had to actively interpose in order to bring
about “peace” between their subjects.[87] A marked feature in the
policy of Edward III. was the promotion and encouragement of foreign
commerce, and quite a number of statutes were passed in his reign with
that object, and to facilitate the entrance of foreign merchants into
the realm. One of these, made six years after the consultation of the
judges on the maritime laws, was specially passed to declare the sea
open to all merchants.[88]
With these circumstances in view, it can be readily understood how
desirable it was to have the maritime laws for the security of
commerce and shipping carefully considered and put in force; and a
consideration of the whole case shows that the roll _De Superioritate
Maris_ deals with the maritime laws, the interpretation of the
documents having been strained by the later advocates for the English
claim to the sovereignty of the seas. It is interesting no doubt to
learn that the King of England and his admiral exercised jurisdiction
of the kind in the neighbouring sea at the early time referred to, but
there is nothing in the case of Grimbald or in the other documents
associated with it to indicate any claim to a sovereignty such as was
enjoyed by Venice and Denmark. There was no attempt made to interfere
with the innocent use of the so-called sea of England, or to exact
dues for navigation or fishery. The jurisdiction extended only to the
keeping of the peace and the security of the sea--duties exercised
by other princes and states in like manner, and indeed now exercised
by all countries within the waters under their control. This view is
supported by the interpretation of Callis, who stated that the king
ruled on the sea “by the laws imperial, as by the roll of Oleron
and others,” in all matters relating to shipping and merchants and
mariners.[89] It would no doubt be of great interest if there were
distinct evidence as to how far from the coast “the sea of England”
extended. The records cited show that the vessels were seized close
to the English coast, within the waters covered by the proclamations
concerning the King’s Chambers in the seventeenth century, and even
within the narrow limits of the territorial waters as now usually
defined.
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