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
calculated would amount to £100,000 a-year, and which he urged should
be devoted to the maintenance of the “Petty Navy Royal.”
Dee was not only the first English writer who claimed the sovereignty
of the sea and the fisheries for England; he was also the first who
attempted to define their boundaries in detail. At the time when he
wrote, it appears indeed to have been held in theory by some lawyers
that the limit of the English seas extended to the mid-line between
England and foreign coasts, except in the case of the Channel, where
the water right up to the opposite shore was believed to be under the
sovereignty of England. The doctrine, no doubt, was evolved from the
opinions of the Italian jurists, whose authority was then very high
(see p. 539), and from the political relations with France then and in
former times. Two years before Dee published his book, Plowden, an
eminent lawyer, acting as counsel in a case concerning the rights on a
manor to wreck of the sea, argued for the defendant that “the bounds of
England” extended to the middle of the adjoining sea which surrounded
the realm, but that the Queen had the exclusive jurisdiction on the
sea between England and France by reason of her title to France, and
so also with Ireland; whereas in other places, as towards Spain, she
had only the moiety. It was the same, said Plowden, with the sea as
with great rivers. But while Plowden allowed the “jurisdiction and
governance of all things” to the Queen on the sea within the limits
stated, he denied to her the right of property in it or in the land
under it; it was common to all men, and she could not prohibit any
one from fishing in it; the water and the land under it were things
of no value, and “the fish are always removable from one place to
another.”[185]
Dee adopted the same opinion as to the limits, but held, as we have
seen, that the fisheries were appropriated. The boundaries of the
Queen’s “peculiar seas,” he said, were “in all places to be accounted
directly to the myddle seas over betweene the sea-shores of her own
kingdom (and of all petty Isles to the same kingdom appertayning) and
the opposite sea-shores of all forrein princes: and in all seas lying
immediately betweene any two of her own coasts or sea-shores, the whole
breadth of the seas over (in such places) is, by all reason of justice,
appropriate to her peculiar jurisdiction and sea royalty,” even if
the distance in such cases were 1000 miles or more.[186] On the other
hand, according to Dee, neighbouring countries were to be allowed the
same rights and interests in the moiety of the sea appropriate to their
coasts.
Public-domain text, read in full here on John Shaqi.
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