568 



THE SOVEREIGNTY OF THE SEA 



or rocks. 1 This ordinance in regard to neutral waters was 

 renewed in 1756, 1759, and 1779, that of 1759 expressly 

 declaring that the league was the marine league of fifteen to a 

 degree. 2 It may be added here that early in the next century, 

 in view of the war with Great Britain, decrees were published 

 prohibiting either Danish or Norwegian privateers from cap- 

 turing the enemy's vessels within the territorial sea of any 

 foreign state which was friendly or neutral ; and such sea, it 

 was said, was usually supposed to extend for one marine league 

 from the coast. 3 The same distance of four geographical miles 

 was assigned by Sweden, in a decree of 12th April 1808, which 

 prohibited the seizure of vessels nearer the coast of neutrals 

 than the limit named. 4 



The various ordinances cited referred solely to the limit of 

 the territorial sea in relation to neutrality. But as early as 

 1747 the same boundary was applied to a limited part of the 

 Norwegian coast in connection with fisheries. In that year a 

 royal decree prohibited Russian fishermen at Finmarken from 

 fishing within one league of the land, a measure which was 

 not opposed by the Russian Government, and which was 

 renewed by a Norwegian law in 1830. 5 In 1812, as we shall 

 see (p. 653), the territorial waters of Denmark and Norway 

 were declared to extend to four miles from the coast or its 

 outlying isles, that is to say, the limit which was adopted 

 for neutrality was applied in regard to fisheries and other 

 purposes. 



Another example of the decadence of wide claims to mari- 



1 Rescripter, Resolutioner og Collegia!- Breve for Kongeriget Norge, i Tidsrummet 

 fra 1660-1813, i. 315, 18th June 1745. " Rescr. (til Stiftsbefalingsmsendene i 

 Norge) ang. det ikke skal vaere nogen fremined Caper tilladt at opbringe noget 

 Skib een Miil noer de Norske Kyster og de der udenfor beliggende Grunde og 

 Skjser," &c. The league in the Scandinavian ordinances measures fifteen to one 

 degree of latitude, or one German mile, equal to about 7420 metres. The marine 

 league, or three-mile limit ordinarily adopted, is of twenty to a degree of latitude, 

 or about 5565 metres, or 3.4517 English statute miles. 



2 Ibid., i. 423, 439, 602. 



3 14th Sept. 1807, s. 5 ; 28th March 1810, s. 7. In the last the privateers were 

 forbidden to capture ships in the Sound within such distance of the Swedish coast 

 as was within the range of guns. Auber, Ann. de Vlnstitut de Droit Internal., xi. 

 145. 



4 Kleen, Neutralitetens Lagar, ii. 865. 



5 Boeck, Oversigt over Litteratur, Love, Forordninger Rescripter, m.m. vedrjrende 

 de Norske Fiskericr, p. 12. 



