Category: History - British

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

Alleged sea sovereignty exercised by ancient Britons, Romans, and Anglo-Saxons--King Edgar--Canute--Norman, Angevin, and Plantagenet kings--The Channel or Narrow Sea--The safeguarding of the sea--Admiralty jurisdiction--Impressment of ships--Liberty of navigation and fishing--...

Chapters

38. CHAPTER V.

The recommendation of the International Law Association and of the French Institute that the territorial waters should be extended to six miles from the shore, or double the wid...

39. cxviii. 114, December 1620), and an unsigned and slightly altered copy

among those for 1623 (_State Papers, Dom._, clvii. 45). The original is endorsed, _Keymers booke of observac͠ons for your moste excellent Ma^{tie} touchinge trade and traffique...

27. CHAPTER VIII.

Considering the failure of his foreign policy and the inglorious fiasco of the first ship-money fleet, it might be supposed that Charles would pause in the unusual method he had...

40. ii. 110) that the Commissioners, in their circular letter of 1777

to the commanders of American armed vessels, “carried very far the extension of neutral protection when they applied it indiscriminately to all captures within sight of a neutra...

32. CHAPTER XIII.

The “honour of the flag” and the sovereignty of the sea were now about to gain a shameful notoriety in connection with the third Dutch war, which Charles, from the basest person...

24. CHAPTER V.

It would probably be too flattering to James to suppose that he had any well-considered plan for extending his authority over the foreign fishermen frequenting his coasts, or fo...

26. CHAPTER VII.

Since Charles had resolved to assert his claims to the sovereignty of the sea by force if necessary, it was obviously essential that he should have a strong and capable fleet. D...

23. CHAPTER IV.

Shortly after the accession of James to the throne of England, the liberal policy of his predecessors as to the freedom of the sea suffered a marked change. In the previous cent...

36. CHAPTER III.

Compared with the eighteenth century and the earlier part of the nineteenth, the period which has elapsed since the close of the Napoleonic wars has been singularly free from oc...

34. CHAPTER I.

From what has been said in previous chapters, it is apparent that the extensive claims which were formerly made to the dominion of the English or British seas were practically a...

28. CHAPTER IX.

The great juridical controversies respecting _mare liberum_ and _mare clausum_--the sea open to all, or that under the dominion of a particular Power--which enlivened the intern...

37. CHAPTER IV.

We may now pass to the consideration of the modern practice of states with respect to the extent of territorial sea which is claimed or allowed by them, and of the opinions of t...

25. CHAPTER VI.

It was during the reign of Charles, into whose hands the sceptre passed in the spring of 1625, that the English pretensions to the sovereignty of the sea attained their most ext...

29. CHAPTER X.

On the 3rd November 1640 the Long Parliament commenced its sittings at Westminster, and within two years thereafter--on 22nd August 1642--Charles raised the royal standard at No...

22. CHAPTER III.

The policy of freedom of commercial intercourse, navigation, and fishery which was enunciated in the Intercursus Magnus and the treaties which preceded it, was faithfully observ...

20. CHAPTER I.

When the claim of the English crown to the sovereignty of the British seas became a question of international importance in the early part of the seventeenth century, the record...

31. CHAPTER XII.

The Restoration, in 1660, made no change either in the national sentiment or the national policy of England concerning the sovereignty of the sea. Charles II. encouraged the pre...

21. CHAPTER II.

It was with respect to the right of fishery on the British coasts that the claim to maritime sovereignty was revived in the seventeenth century, and with which it was chiefly co...

19. CHAPTER V.

Three miles insufficient for the regulation of the fisheries--Seal fisheries--Behring Sea arbitration--Oyster, pearl-oyster, and coral fisheries--Regulations for “floating” fish...

30. CHAPTER XI.

The importance of the questions connected with the claim to the sovereignty of the sea was revealed in the long negotiations with the Dutch which preceded the conclusion of peac...

35. CHAPTER II.

It is evident from the foregoing that, notwithstanding the variation in the extent of water claimed in certain cases, the principle of determining the general boundary of the te...

33. CHAPTER XIV.

In the short and troubled reign of James II. little was heard of the claims of England to the sovereignty of the sea. Bad king as James was, he rescued the navy from the deplora...

41. xxxii. The information relating to this part of the subject is taken

[1319] See _Norges Officielle Statistik; Norges Fiskerier_, 1906, pp. 17, 18. Sixteen steam trawlers were on the list as registered in Norway in that year, but “they did not car...

17. CHAPTER III.

In nineteenth century the boundaries of territorial sea concerned chiefly with fisheries--Encroachment of foreign fishermen--Dutch decrees of 1824 and 1829 fixing a limit of two...

8. CHAPTER VIII.

The second ship-money fleet--Placed under the Earl of Northumberland--What was to be done with it?--Opinion of Admiralty as to convoying foreign merchant vessels and preventing...

13. CHAPTER XIII.

Policy of Louis XIV.--The Triple Alliance--Secret compact of Charles and Louis against the Dutch--Parliament deceived--Pretexts for a fleet--Ill-feeling against Dutch fomented--...

15. CHAPTER I.

Various limits proposed or adopted--The old English lawyers, Glanville, Bracton, Britton, “Fleta”--Early Italian jurists--Bartolus, Baldus--Limits of 100 and of 60 miles--Bodin-...

12. CHAPTER XII.

Pretension to sovereignty of sea maintained--Efforts to revive the fisheries--Legislation--Bill against foreigners fishing on British coasts--Act of Scottish Parliament--Council...

10. CHAPTER X.

Claim to the sovereignty of the sea and the salute continued--Instructions to naval officers essentially the same--Encounter with Swedish squadron--Action approved by Admiralty...

11. CHAPTER XI.

The negotiations for peace--Mission of Beverning, Nieuport, Van de Perre, and Jongestal--The attitude of Cromwell--Proposals for fusion abandoned--Cromwell’s twelve Articles--Th...

5. CHAPTER V.

Grant of “assize-herrings” in Scotland to Duke of Lennox--Considered by Scottish Council--James instructs that the tax be levied from foreign fishermen--Mr John Brown collects t...

14. CHAPTER XIV.

Gradual decline of the pretension to the sovereignty of the sea--England and the United Provinces allied against France--Louis’ ordinance regarding the salute--William III. clai...

7. CHAPTER VII.

Need of a strong navy--Insecurity of seas from pirates--Violations of King’s Chambers and ports by Dutch and Dunkirkers--Proclamation concerning same and claiming sovereignty of...

18. CHAPTER IV.

Apparent discrepancy between general practice and the opinions of publicists--No state has formally defined the extent of its territorial sea--Practice in Germany--Denmark--Two...

9. CHAPTER IX.

_Mare Liberum_ and _Mare Clausum_--Dawn of international law--Claims to maritime dominion conflict with commercial expansion of period--Opinions of publicists previous to Grotiu...

4. CHAPTER IV.

Change of policy as to freedom of fishery--The “King’s Chambers” defined and described--Limited to questions of neutrality--Beginning of struggle with Dutch for commercial and m...

16. CHAPTER II.

Cannon-range and three-mile limit as its equivalent introduced into English Jurisprudence in 1800, 1801--Lord Stowell’s decisions regarding the _Twee Gebroeders_ and the _Anna_...

3. CHAPTER III.

Decay of English fisheries--Influence of Reformation--Rise of Dutch fisheries--The “Political Lent”--Cecil’s inquiries and proceedings--Legislation to protect the English fisher...

6. CHAPTER VI.

Extravagant pretensions to the sovereignty of the sea--The ship-money writs and the old records--Charles proposes a great fishery society to compete with the Dutch--Coke prepare...

1. CHAPTER I.

Alleged sea sovereignty exercised by ancient Britons, Romans, and Anglo-Saxons--King Edgar--Canute--Norman, Angevin, and Plantagenet kings--The Channel or Narrow Sea--The safegu...

2. CHAPTER II.

Importance of fisheries in middle ages--Ecclesiastical fasts--A great herring fishery--Foreign fishermen frequent British coasts--The question of freedom of fishing--Licenses to...