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
So far from adopting any policy of this nature or making any claim
to a special sovereignty in the surrounding seas, Elizabeth steadily
opposed all claims which other nations put forward to _mare clausum_.
Long before Grotius, she was the champion of the free sea, although
it must be admitted that the action of the English Queen was no more
based on considerations of the general good of mankind than were the
efforts of the Dutch publicist: both had in view the interests of
their native land. Elizabeth’s motive was to secure liberty of trade
and fishery for her subjects, which was threatened by the pretensions
of Spain and Portugal on the one hand and by Denmark on the other.
The Portuguese pretension was of long standing. When that nation in
the latter half of the fifteenth century had pushed her way down the
west coast of Africa and ultimately round the Cape of Good Hope to the
East Indies, she obtained from the Pope various bulls securing her
in her possessions, and granting sovereign authority to the crown of
Portugal in all the lands it might discover in the Atlantic from Cape
Bojador to the Indies. By an inhuman doctrine established during the
Crusades, Christian princes were supposed to have the right to invade,
ravage, and acquire the territories of infidel nations on the plea of
extending the sway of the Christian Church; and the Pope, from his
supreme authority over all temporal things, disposed of these heathen
lands to such princes as might bring them under the dominion of the
Church and propagate the true faith among the inhabitants. Immediately
on the return of Columbus from his first voyage in 1493, the Spanish
monarchs accordingly obtained a bull from Pope Alexander VI. confirming
them in the newly-discovered regions; and in order to prevent disputes
with Portugal as to the extent of their respective claims, another bull
was issued, on 4th May 1493, containing the famous line of demarcation
between their territories. This was an ideal straight line drawn from
the North Pole to the South Pole, passing 100 leagues to the west of
the Azores and Cape Verde Islands. All islands or lands discovered
to the west of this line by the Spaniards, and which had not been in
the possession of any Christian Power before the preceding Christmas,
were to belong to the Spanish crown; and all territory discovered to
the east of it was to belong to Portugal. The Pope, moreover, granted
a monopoly of commerce within those immense regions to the respective
crowns, so that other nations could not trade thither without license
from the Spanish or Portuguese sovereigns.[191] Spaniards even were not
allowed to go to the New World either to trade or form establishments
without royal license and authority. Disputes arose between Spain and
Portugal as to the equity of the Pope’s line of demarcation, and by the
Treaty of Tordesillas, 7th June 1494, they agreed that the inter-polar
line should pass 370 leagues to the west of Cape Verde Islands.[192]
Public-domain text, read in full here on John Shaqi.
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