548 



THE SOVEREIGNTY OF THE SEA 



drawn between bays and the open coast, the former being 

 included within the realm as part of the territory. It seems 

 reasonable on many grounds that the waters lying in view 

 between two parts of the same continuous territory should 

 have been regarded as pertaining to that territory, and it 

 may be noted that in early times the navigation of a vessel 

 along a coast was conducted from headland to headland, and 

 thus a distinction was likely to arise between the open sea 

 lying outside a line joining the headlands, as a waterway 

 common to all, and the sea inside the headlands as an access 

 to the territory. The distinction was maintained from an 

 early period with regard to international relations. Reference 

 has already been made to the treaty arranged by Cardinal 

 Wolsey in 1521, in which it was stipulated that English 

 harbours, bays, rivers, and roads should be exempt from hos- 

 tilities between belligerents, and to the proclamations of King 

 James in 1604, and of succeeding sovereigns, defining the 

 extent of the King's Chambers, or bays, according to ancient 

 custom, for purposes of neutrality. 1 It is interesting to note 

 that the rights exercised within the King's Chambers, or bays, 

 on the coasts of England referred only to neutrality and had 

 nothing to do with fishing, while in Scotland it was exactly 

 the opposite. The large bays and firths on the Scottish coast 

 were reserved for fishing, without any specific reference to the 

 rights or obligations of neutrals. The differentiation of bays 

 and arms of the sea from the territorial belt on open coasts 

 has persisted to the present day, both in the writings of 

 publicists and in the practice of nations, although the in- 



Abridgment (1565), Corone et Plees de Corone, fol. 259, placit 399, "Nota p. 

 Stanton justic q ceo nest pas satice demere ou hoe puit veier ceo q"est fait del 

 ou part del ewe et del aut, coe a rier de lun terr tanq a laut q le cozon viendr' en 

 ceo cas et fra son offic auri coe auent a vyent en vu brau del mer la ou home puit 

 vier de lun parte tanque a lauter del auer que en eel lieu auient puyt paiis auer 

 conisaus." There are some words in this passage difficult to translate, but the 

 following has been given as its rendering : " Nota per Stanton Justice, that that 

 is not sance [which Lord Coke translates ' part '] of the sea where a man can see 

 what is done from one part of the water and the other, so as to see from one land 

 to the other ; that the coroner shall come in such case and perform his office, as 

 well as coming and going in an arm of the sea, there where a man can see from 

 one part to the other of the [word undeciphered], that in such a place the country 

 can have conusance." 

 1 See p. 119. 



