262 THE SOVEREIGNTY OF THE SEA 



instructions in 1633 this clause was repeated, but in other 

 respects they resembled those of Lindsey. 1 The same duties 

 were allotted to him in 1634, and he was specially charged to 

 free the narrow seas of pirates and sea-rovers, and to prevent 

 hostilities in the King's Chambers. "If," he was told, "any 

 man-of-war, or other, in any of his Majesty's roads, harbours, 

 or coasts, shall offer any violence by unduly taking out any 

 ships, vessels, goods or merchandise, of what nation soever, or 

 commit any other insolency, you shall do your best to recover 

 the same again from them, and reform the abuses, either by due 

 admonition, or (if that will not serve) by bringing the offender 

 to answer to justice, preserving by all means the honour of his 

 Majesty from such insolencies (as much as in you lieth), having 

 always a due regard to the amity between his Majesty, his 

 friends and allies." 2 



But a change took place, as we have seen, in the following 

 year. Among the suggestions made by Pennington to the king, 

 and repeated to the Admiralty, was one that any foreign ship 

 attacked by another foreigner in the narrow seas might put 

 herself under the protection of any of the king's ships by 

 coming under its lee, " in the same manner as under a castle on 

 shore." 3 It was certainly a proposal as bold as it was brilliant. 

 Ships of war have long been regarded by certain writers on 

 international law as being essentially an extension of the terri- 

 tory of the state to which they belong; but no writer ever 

 suggested that the water around them on the high sea should 

 be looked upon as partaking of the same character. The sea 

 round a king's ship, within range of the guns on board, was 

 to be a sanctuary like the waters of the King's Chambers, a 

 sort of territorial girdle which it carried about with it like an 

 aur.eole round the head of a saint. Pennington's suggestion 

 was considered by the Admiralty early in April 1634, and 

 Nicholas, the Secretary, was instructed to confer with Sir 



1 State Papers, Dom., ccxxxvii. 1. 



2 Ibid., clvii. fol. 132, 26th April 1634. 



3 In the memorandum which Pennington submitted to the Admiralty, he said : 

 " Sixtly, that if any stranger bee oprest by another stranger yt is stronger than 

 hee, within the jurisdicion of ye Narrow Seas, and yt hee flyes for succor or 

 refuge to any of his Majesty's shippes imployed for the guard of the sayd Seas, 

 and come under his lee, and craves protection, whether his Majesty's ffloatinge 

 ffortes shall not have ye same privelege in succoringe and defendinge them as 

 ffortes a Land hath." Ibid., cclxv. 23. 



