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
It is to be noted with reference to the vessel taken “on the
high seas” that in the Court of Admiralty in the seventeenth century
this phrase covered seizures made a few miles from the coast.
There is, however, one case which occurred in the fourteenth century
which has been referred to as showing that the sea of England and
the jurisdiction of the king extended far from the English coast,
over indeed to the coast of Brittany. In the mutual aggressions
of Flemish and English sailors, the robberies by the men of Rye
of Flemish ships off “Craudon” and Orwell became so flagrant that
commissioners on both sides were appointed in 1311, further proceedings
were instituted in 1314, and finally, in 1320, envoys from Flanders
arrived in London during the sitting of Parliament, and a treaty was
concluded. In this it is stated that divers merchants of Flanders,
while “proceeding on the sea of England near Craudon,”[90] were
robbed of their wines and merchandise by evil-doers of England, and
that the goods had been brought to England. The Flemish envoys prayed
the king, “of his lordship and royal power to cause right to be done
and punishment awarded, since he is lord of the sea, and the said
robbery was committed in the sea under his power.”[91] The account
goes on to state that the king and his council in Parliament, with the
assent of the peers, agreed to appoint justices to inquire into the
matter, and that those who were concerned in the robbery should be
promptly punished.[92] Accordingly, in December 1320, the Keeper of
the Cinque Ports and others were instructed to make inquiry regarding
the pillaging of a Flemish ship, laden with wines and merchandise,
said to have been committed by Englishmen on the sea of England, off
Craudon, so that the malefactors might be brought to justice.[93]
Selden, who gives the document in which the previous proceedings
are also recited,[94] does not attempt to locate Craudon, which in
other records in the rolls of Parliament in 1315 was also called
“Carondon,” “Crasdon,” and “Grasdon”; but Nicolas states that there
was no place of that name on the sea coast of England, nor in any part
of the territories of Edward II., and he identified it with a small
seaport, since called “Crowdon,” in Brittany, lying on the extreme part
of the Point du Raz, about eight leagues west of Quimper, where he
shows that the fleets returning to England with wines frequently took
shelter.[95] If this explanation be correct, it would extend the “sea
of England” more than 120 miles south of the Lizard, which, however,
is still well within the limits which were claimed for it by Selden
(see p. 19). Although, according to the English record, the Flemish
envoys themselves described the sea off Craudon as part of the sea of
England and under the jurisdiction of the king, it is evident that this
admission would facilitate redress from England, and standing alone
it is not of much weight. The whole value of the admission, moreover,
Public-domain text, read in full here on John Shaqi.
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