CONTENTS XIX 



the sovereignty of the sea Articles regarding striking in later 

 treaties The ceremony abandoned after the battle of Trafalgar 

 General claims to maritime dominion give place to international 

 arrangements Sir Philip Meadows His treatise against the 

 dominion of the seas Definite boundaries begin to be fixed for 

 fisheries Fishery disputes between Denmark and the United 

 Provinces Great Britain sides with the Dutch in opposing claims 

 to Mare Clausum The North American fishery treaties of the 

 eighteenth century The claim to the sovereignty of the seas dies 

 out Decay of the Dutch fisheries and rise of the British . . 517 



SECTION II. THE TERRITORIAL WATERS. 

 CHAPTER I. 



THE HISTORICAL EVOLUTION OF THE TERRITORIAL SEA. 



Various limits proposed or adopted The old English lawyers, Glan- 

 ville, Bracton, Britton, " Fleta " Early Italian jurists Bartolus, 

 Baldus Limits of 100 and of 60 miles Bodin Gentilis 

 No general common usage The mid - line or Thalweg The 

 "Mirror of Justice" Plowden Chief Justice Hales Juris- 

 diction of Cinque Ports in Channel The range of vision or "land- 

 kenning" Lord Stair Sarpi's proposal Bays, straits, and arms 

 of the sea The King's Chambers Range of guns from shore 

 Proposed by Dutch in 1610 Not adopted in seventeenth century 

 Selden, Pontanus, Burgus, &c. Influence of Loccenius and Puffen- 

 dorf Opinion of publicists at end seventeenth century Usage in 

 seventeenth century Decisions of High Court of Admiralty regard- 

 ing King's Chambers Gradual change of opinion and practice 

 Publicists in eighteenth century The teaching of Bynkershoek 

 Dominion extends as far as projectiles can be thrown from the 

 shore Connection with salute and visit and search Bynkershoek's 

 principle only slowly accepted Opinions of Casaregi, Abreu, Wolff, 

 Vattel, Hiibner, Valin, Moser, Lampredi, Galiani, Von Martens 

 Three miles as equivalent to the utmost range of guns proposed by 

 Galiani (1782), C. F. von Martens (1789), and Azuni (1795) 

 Summary of opinions Usage in eighteenth century Tendency to 

 fix definite boundaries Venice Great Britain Denmark 

 Sweden Norway Spain Range of guns adopted by Tuscany, 

 the Pope, Genoa, Venice, and in various international treaties 

 Three-mile limit first adopted by the United States of America 

 in 1793 Exception of bays Various limits claimed by the United 

 States . 537 



