EARLY HISTORY 33 



sovereignty the right to exclude others from an equal use of a 

 particular sea by prohibiting navigation, at least of vessels of 

 war, and from fishing in it, or by imposing dues and conditions 

 for the liberty there is scarcely a scrap of evidence to show 

 that any authority of the kind was exercised by England in 

 the adjacent seas. The circumstance is noteworthy, inasmuch 

 as other countries which then enjoyed undoubted maritime 

 sovereignty, did not permit unrestricted navigation or fishing 

 in the seas specially under their control, as Venice in the 

 Adriatic, and Denmark in the northern seas and in the Baltic. 

 The evidence concerning the liberty of fishing in the sea along 

 our coasts is dealt with in another chapter, but it may be said 

 here that this liberty was provided for in a series of treaties 

 with other Powers. As for liberty of navigation, it was 

 asserted, or rather implied, by Selden, in guarded language, that 

 the kings of England anciently possessed the power of refusing 

 it ; l but the evidence relates for the most part to passports and 

 safe-conducts "by land and sea," and to the impressment of 

 vessels, referred to above. There appears to be not a single fact 

 to prove that the liberty of innocent navigation in the English 

 seas was ever interfered with by the king. The Parliament of 

 Ireland, it is true, passed an Act in 1465 prohibiting all foreign 

 vessels "from going to fish at Ireland among the king's 

 enemies" without first obtaining a license, on pain of for- 

 feiture of the vessel. But it is clear from the preamble that 

 the Act was passed because foreign vessels frequenting the 

 Irish coast for fishing were supplying the king's enemies with 

 money, arms, and provisions. 



Nor is there any valid evidence that tribute was ever 

 imposed on foreigners for liberty of navigation in the sea of 

 England. A case frequently quoted to the contrary was the 

 imposition of a duty by Richard II., in 1379, on merchant 

 vessels and fishing smacks, to provide means for the defence 

 of the eastern coast and the security of navigation and fishing. 

 At that time the English navy had almost ceased to exist, 

 through the mistaken policy of Edward III. in the latter part 

 of his reign. In 1377 a French and Spanish fleet had not only 

 scoured the seas, but plundered and burned Rye, Folkestone, 

 Hastings, Plymouth, and other towns on the southern coast, 



1 Op. r it., lib. ii. cc. ziii., zz. 

 C 



