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
When this claim was advanced in the seventeenth century, it was argued
that the sea fisheries had always belonged to the crown. Selden
declared that “license had usually been granted to foreigners by the
Kings of England to fish in the sea; and that the protection which the
kings gave to fishermen, as in their own territory, was an ancient and
manifest evidence of their maritime dominion.”[107] The cases adduced
in support of that contention are singularly few and unconvincing. One
is the tax imposed by Richard II. in 1379 on fishing vessels, among
others, in the admiralty of the north, but which, if it was imposed on
foreign vessels at all, must have been done with their consent (see
p. 33). Another relates to the arrangements which were occasionally
made for “wafting” or guarding the fishermen at the Yarmouth fishing,
and for which the fishermen thus protected had to pay,--an arrangement
which was also adopted in the reign of Charles I. Thus, in 1482,
Edward IV. invested certain persons, called Guardians, Conductors,
and Wafters, with naval powers, to protect the fishermen “of whatever
country they be, who shall desire to fish under the protection” of
the said wardens on the coasts of Norfolk and Suffolk; and all those
who took advantage of such protection had to pay an equal share of
the cost of it; any other persons pretending to have power to protect
the fishermen were to be apprehended. This arrangement was repeated
in the reigns of Richard III. and Henry VII.[108] It is evident that
the payment was only exigible from such foreign fishermen as took
advantage of the protection offered to them; those who desired to fish
without protection of the wardens were at liberty to do so. A more
pertinent case is the Act of the Irish Parliament in 1465--also during
the reign of Edward IV.--which has been previously alluded to.[109] It
was passed to prevent aid being given to the king’s enemies by foreign
vessels that went to fish at Ireland. All foreign fishing vessels were
prohibited from fishing on the Irish coast (except the north part of
Wicklow) without first obtaining a license from the Lieutenant, his
deputy, a “justice of the land,” or other person authorised to grant
it, upon pain of forfeiture of ship and goods. All foreign vessels
allowed to fish, which were of twelve tons burthen “or less,” and had a
“drover” or boat, were to pay thirteen shillings and fourpence yearly
for the maintenance of the king’s wars in Ireland; smaller vessels,
as “scarfes” or boats not having “drover nor lighter,” and within the
burthen of twelve tons, were to pay two shillings. This was obviously
a temporary measure, designed for a special purpose, though clearly
imposing a tax on foreign vessels; but there is not evidence to show
whether it was enforced.
Public-domain text, read in full here on John Shaqi.
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