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The Sovereignty of the Seaii
The “British Seas,” according to Selden.iii
The Sovereignty of the Sea
An Historical Account of theClaims of England to the Dominion ofthe British Seas, and of the Evolutionof the Territorial Waters: with specialreference to the Rights of Fishingand the Naval SaluteBY
THOMAS WEMYSS FULTON
LECTURER ON THE
SCIENTIFIC STUDY OF FISHERY PROBLEMS, THE UNIVERSITY OF ABERDEEN
WITH ILLUSTRATIONS
William Blackwood and Sons
Edinburgh and London
1911
ALL RIGHTS RESERVED
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I DEDICATE THIS BOOK TO
MY WIFEvi
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PREFACE.
In this book I have endeavoured to bring together from allavailable sources such information as exists as to the claimsformerly made to the sovereignty of the British Seas, and totrace the evolution of the territorial waters in recent times.The work was originally undertaken with the intention ofdealing only with these subjects so far as they related to thesea fisheries, but it soon became apparent that to restrict thescope in this way would involve considerable disadvantages,and would enable only a partial picture to be presented. Forthough during a large part of the period with which the bookis concerned, the question of the fishery was the main questionin determining the claim to sea sovereignty, and is the one ofthe greatest frequency at the present day with respect to theterritorial waters, it was by no means the only one. Thefreedom of commerce to regions more or less remote; thejurisdiction of a State in the sea which washed its shores orwhich it claimed as belonging to it; the naval salute orhomage to the flag, and various other matters, were commonlybound up with the question of the fisheries. It was thereforedeemed more satisfactory to treat the subject as a whole, eventhough this necessarily involved much additional labour.
The book is divided into two sections, the first comprisingan historical account of the pretensions to the dominion ofthe sea; the second dealing with the relic of such pretensions,the territorial waters, more particularly in the aspectwhich they present under the Law of Nations and in relationto the rights of fishing. With some doubtful exceptions, theviiiclaim to a special sovereignty or dominion over the so-calledBritish Seas was a doctrine of the Stuarts, introduced fromScotland to England with that dynasty, and terminating withit. It was aimed in particular again