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The Literature of International Relations
put either by nature, or by the hand of man, but by an imaginary or fantastick line: which kinde of doing being embraced, the Geometers may steale away the earth, and the Astronomers the heavens from us.'

True it is that there are not in every part of the sea isles 'sensible (as Gernsey is to England in the narrow seas) or sands (as the Washes at the West seas of England) nor rockes, or other eminent and visible markes above water, for the designation of the bounds (or laying-out the limits) of the divisible parts thereof', but has not God, who is both the distributer and first author of the division and distinction of both land and sea, 'diversly informed men by the helpes of the Compasse, counting of courses, sounding, and other waies, to finde forth, and to designe finitum in infinito; so farre as is expedient for the certaine reach and bounds of seas, properly pertaining to any Prince or people?'

'Which bounds Bartolus hardily extends and allowes for Princes and people at the sea side, an hundreth miles of sea forth from their coasts, at least; and justly, if they exercise a protection and conservacy so far: and this reach is called by the Doctors, Districtus maris, & territorium. It is true, Baldus esteemeth potestatem, iurisdictionem & districtum, to be all one.

'To conclude then, since Papinian writes in finalibus quaestionibus vetera monumenta sequenda esse; what more evident monuments for our King his right in the narrow seas, then these Isles of Gernsie? &c. And for the Eastern seas, direct from 'Scotland, what is more antiently notorious than that covenant twixt Scottish men and Hollanders, concerning the length of their approaching toward Scotland by way of fishing?'[1]

  1. Pp. 220–5. See, further, on fishing rights, pp. 233–5, and Welwod's De Dominio Maris (1615), cap. iii; also Justice, A General Treatise of the Dominion and Laws of the Sea (1705), p. 167, quoting 'Mr. Welwood, an ingenious Lawyer of that Nation'.