554 



THE SOVEREIGNTY OF THE SEA 



At the end of the seventeenth century, while the old pre- 

 tensions of various nations to the appropriation of particular 

 seas had not been withdrawn, they had in many cases become 

 by the force of circumstances to a large extent nominal or 

 were in abeyance. There was moreover a tendency, as we 

 have seen (p. 526), to substitute fixed boundaries in place of a 

 wide and vague sovereignty, and to arrange by treaty defined 

 limits for special purposes. In the historical retrospect we 

 can now perceive the main influences which led to the modifi- 

 cation of the claims and practice in the century that followed. 

 The juridical controversies on the subject between the writers 

 of various nations were doubtless not without effect. The 

 repeated decisions of the High Court of Admiralty in this 

 country, going counter to the English pretension even in the 

 Channel, and fixing limits for neutrality, must also have had 

 an important influence. But the chief causes were probably 

 twofold. One was the moral and material victory of the 

 Dutch Republic in its long and persistent struggle against 

 the exorbitant claims to maritime dominion, first, of Spain 

 and Portugal, and then of England and Denmark. The other 

 was the great extension of commerce and navigation, in which 

 England secured an ever-increasing share, so that in the next 

 century we find her taking the part of Holland in opposing 

 the Danish claims to mare clausum. As maritime commerce 



harbours, and chambers ; grounding themselves upon what was done and observed 

 in that long war between Spain and the Netherlands." The preamble of the 

 proclamation of 12th March 1683 was as follows: "Whereas the safeguard and 

 protection we owe to such of our own subjects, and to all others in league and 

 amity with us, as pass and repass the seas belonging to these our kingdoms, has 

 been always a principal part of our royal care and concern, and we, finding that 

 the freedom and security of our navigation and commerce to and from our ports 

 in time of hostility between our neighbouring princes has been much disturbed, 

 nay, the reverence due to our ports, harbours, and other places under our imme- 

 diate protection has been violated by the partial practices, depredations, and 

 insolencies of private men-of-war and others pretending commissions for the 

 present hostilities : We have thought fit, by the advice of our Privy Council, after 

 an exact view first taken of the rules, ordinances, and provisions made on the like 

 occasions by our royal progenitors and ourself, to revive, establish, ratify and 

 publish to ail the world these rules and ordinances following." The rules are 

 similar to those in the regulations of 1633 and 1668 ; but it is noteworthy that 

 the " King's Chambers " are not specifically mentioned, nor is any reference made 

 to a "platt," and the claim to the dominion of the seas, so prominent in 1633, is 

 omitted. 



