THE JURIDICAL CONTROVERSIES 357 



logically, that whatever applies to the whole sea applies to 

 all its parts, even to a diverticulum, and he allows no 

 exception for the sea washing a coast: a conclusion, how- 

 ever, at variance with the general practice of the time. 

 This tract, as already stated, was not published by the 

 author, probably because it was likely to excite still more 

 the ire of James at finding his "rights" again "questioned." 1 

 In contrast with the writings of Welwood may be cited 

 the opinions of another and more eminent Scottish lawyer, 

 Sir Thomas Craig, who touched upon the subject of maritime 

 jurisdiction in a non-controversial work published before 

 the juridical controversy had arisen. 2 He states that the 

 sea is common to all for navigation, but that property and 

 jurisdiction in the adjacent sea pertains to the neighbouring 

 territory according to the current opinion the sea washing 

 the coast of France, England, Scotland, Ireland, &c., to the 

 respective countries. No limits or bounds are laid down 

 by Craig as to the partitioning of the sea in this way, but 

 when dealing with the theoretical question of islands arising 

 in the sea, he follows Bartolus in assigning a space of 100 

 miles from the coast. He admits that certain seas may 

 be prescribed, as the Adriatic, which Venice, though not 

 possessing the shores, claimed by prescription. With respect 

 to fisheries, the Scottish author, as might have been expected, 

 holds that those in the adjoining sea belong to the bordering 

 state : they are prescribed, and fishing there may be permitted 

 or prohibited according to custom ; and he says that it was 

 not without great injury to us that the Dutch carry on their 

 fishery around our islands. 3 



1 Welwood's De Dominio Maria is not mentioned by Grotius, whose tract 

 appears to have been written before it was published. 



2 Jus Feudole, Tribus Libris Comprehensum, lib. i., Diegesis 13, p. 103. Edin- 

 burgh, 1603 and 1655. The treatise was dedicated to King James. Craig was 

 born in 1538 and died in 1608. 



3 " Quod ad mare attinet, licet adhuc ita omnium commune sit, ut in eo navigari 

 possit. Proprietas tamen ejus ad eos pertinere hodie creditur, ad quos proximus 

 continens adeo ut mare Gallicum id dicatur quod littus Gallise alluit, aut ei 

 propius est, quam ulli alii continenti. Sic Anglicum, Scoticum, et Hybernicum, 

 quod propius Anglise, Scotise, et Hybernise est. Ita ut reges inter se, quasi maria 

 omnia diviserint, et quasi ex mutua partitione alterius id mare censeatur, quod 

 alteri propinquius et commodius est ; in quo si delictum aliquod commisum fuerit, 

 ejus sit, jurisdictio qui proximum continentem possideat. Isque suum illud mare 



