high in the history of the literature of the subject in England. We must not urge too strongly the canons of historical evidence against the assiduous attempt to buttress the claim by continuous illustration and estimate of rights of sovereignty over the British seas from the days of the Britons before the coming of the Romans,[1] down through the Roman occupation[2] to the solicitude of Edgar[3] and Canute[4] and other kings for the defence of the seas, 'untill the conquest made by William Duke of Normandie, in whose raign, and for many discents after him, the Soveraigntie of the said Seas was so far from being evicted that it was never so much as questioned by any Nation until the time of Edward the first, about the year 1299 and the six and twentieth of his raigne'.[5] We must not look for
- ↑ The Soveraignty of the British Seas, pp. 8–18.
- ↑ pp. 18–19: the Romans had 'made themselves possessorie Lords of the Island'.
- ↑ pp. 20–2.
- ↑ p. 23.
- ↑ pp. 24–5.
and West Indian Seas: but these are claims of a nature quite foreign to the present question, being claims not of a general right of visitation and search upon the high seas unappropriated, but extravagant claims to the appropriation of particular seas, founded upon some grants of a pretended authority, or upon some ancient exclusive usurpation. Upon a principle much more just in itself and more temperately applied, maritime States have claimed a right of visitation and inquiry within those parts of the ocean adjoining to their shores, which the common courtesy of nations has for their common convenience allowed to be considered as parts of their dominions for various domestic purposes, and particularly for fiscal or defensive regulations, more immediately affecting their rights and welfare. Such are our hovering laws, which within certain limited distances more or less moderately assigned, subject foreign vessels to such examination. This has nothing in common with a right of visitation and search upon the unappropriated parts of the ocean.' Op. cit., pp. 245–6. See, further, pp. 253–4 for the principle, that a nation has a right to enforce its system of navigation only so far as it does not interfere with the rights of others. See also W. E. Hall and L. Oppenheim, cited above, p. 116.
