4
Illustrations of Controversial Literature: 'The
Sovereignty of the Sea'
Two of the best subjects of this class for study are the origins of 'the rule of the war of 1756', and its effects, and the origins of the Continental System of Napoleon. But we shall take an example of a still more special kind—that of the sovereignty of the British or 'Narrow' Seas.[1]
Readers of Samuel Pepys will remember that there were issues involved in the claim which seemed to him to require patient and diligent research. 'I am now full of study about writing something about our making of strangers strike to us at sea; and so am altogether reading Selden and Grotius, and such other authors to that purpose.'[2] 'I spoke to Mr. Falconberge to look whether he could, out of Domesday Book, give me any thing concerning the sea, and the dominion thereof; which he says he will look after.'[3] 'I am upon writing a little treatise to present to the Duke, about our privilege in the seas, as to other nations striking their flag to us.'[4]
'The assertion of the sovereignty of the seas', writes Mr. Gardiner,[5] 'meant nothing less than an assertion that the whole of the English Channel to the shores of France, and of
- ↑ For an account of the subject see Walker, History of the Law of Nations, pp. 278–83; Hall, International Law (6th ed.), pp. 140–51; and Oppenheim, International Law (1905), i, pp. 300–8.
- ↑ December 15, 1661.
- ↑ December 21, 1661.
- ↑ December 31, 1661.
- ↑ History of England, 1603–42, vol. vii (Cabinet ed.), 358.
