In 1635 the King, by his secretary of state, addressed a long and deeply interesting letter of instructions to his ambassador at the Hague, in order to enable the latter to explain and justify to their “High Mightinesses” his naval preparations, and their meaning and objects. We will extract a few passages illustrative of our theme: “We hold it,” saith King Charles, “a principle not to be denied, that the King of Great Britain is a monarch at land and sea, to the full extent of his dominions; and that it concerneth him as much to maintain his sovereignty in all the British seas, as within his three kingdoms; because, without that, these cannot be kept safe, nor he preserve his honour, and due respect with other nations. But, commanding the seas, he may cause his neighbours, and all countries, to stand upon their guard whensoever he thinks fit. And this cannot be doubted, that whosoever will encroach on him by sea, will do it by land also, when they see their time.... The degrees by which his Majesty’s dominion at sea hath of later years been first impeached, and then questioned, are as considerable as notorious.... But withal, considering that peace must be maintained by the arm of power, which only keeps down war by keeping up dominion; his Majesty, thus provoked, finds it necessary, for his own defence and safety, to re-assume and keep his ancient and undoubted right in the dominion of the seas, and suffer no other prince or state to encroach upon him, thereby assuming to themselves or their admirals any sovereign command, but to force them to perform due homage to his admirals and ships, and to pay acknowledgments as in former times they did.”
The Protector of the Commonwealth proved himself quite as jealous of maintaining the power and privileges of the navy, as any of his kingly predecessors, and he did what not one of them had ever effected, namely, made a treaty with the United Provinces (the Low Countries), by which it was solemnly stipulated “that the ships and vessels of the United Provinces, as well those fitted for war as others, meeting any ships of war of the said Commonwealth in the British seas, shall strike their flag and lower their topsail, in such manner as had been any time before practised under any former government.” This was in 1654. After the restoration, Charles II renewed the treaty in 1662, and in 1667, in almost precisely the same terms as the above; and at the conclusion of the Dutch war, in 1673, in the fourth article of the treaty of peace it was expressly stipulated that if any “ships or vessels of war, or others, or whether single or in fleets, shall meet in any of the seas from Cape Finisterre to the middle point of the land of Vanstaten in Norway, with any ships or vessels belonging to his Majesty of Great Britain, whether those ships be single or in greater numbers, if they carry his Majesty of Great Britain’s flag or jack, the aforesaid Dutch vessels or ships shall strike their flag and lower their topsail, in the same manner, and with as much respect, as has at any time and in any place been formerly practised,” &c. The reader will bear in mind that the Dutch were at that time the most powerful naval power next to Great Britain. The treaty appears to have confirmed the dominion of the latter beyond what might properly be called the “narrow,” or “British seas,” including, as it did, all from the south-west of Portugal to a cape in Norway.
During the reigns of the four Stuart kings, as well as under the protectorate of Cromwell, the “Mariners of England,”
“Whose flag has braved, a thousand years,
The battle and the breeze,”
did indeed jealously “guard our native seas,” and assert and maintain their country’s sovereignty thereof. In 1652, two fierce actions were fought on this very score “On the 14th of May, Commodore Young fell in with a Dutch convoy, escorted by three ships of war, from whom he civilly demanded the usual honours to be paid to the English flag. The Dutch commander positively refused to comply, giving as a reason that he had express orders from the States-General not to pay those honours which the English exacted from their ships in the Channel. Commodore Young, on this refusal, fired into the Dutch, which brought on a smart action; but at length the Dutch ships struck, and, after paying the compliment, were allowed to proceed on their voyage.” Only four days later, Blake himself and Van Tromp had a far more serious encounter on the very same score. Van Tromp and his fleet stood towards Dover, off which Blake was lying with fifteen men-of-war, and paid no respect whatever to the English flag. Blake instantly fired, from his own ship, three unshotted guns at the Dutchman as a reminder of his want of respect. Van Tromp retorted with a broadside. “A most furious engagement instantly began. At first the whole of the Dutch fleet directed their fire at the English admiral, but he was soon bravely supported by the rest of the ships, and Commodore Bourne joining at the same time with eight sail more, obliged the Dutch to bear away, though still superior in number, and seek shelter at the back of the Goodwin Sands, after having been most severely mauled. The action lasted from four till nine at night. One of the Dutch ships was taken, and another sunk.”
In a volume of the “Naval Chronicle,” for 1807, the sovereignty of the sea is described as being “an actual and peculiar use and enjoyment of the sea itself, and the performance of all the functions of a sovereign upon it; such as prescribing rules of navigation to those who frequent it, punishing delinquents, protecting others, and receiving from all that homage and advantage which are due to every lawful sovereign.” The writer proceeds to state that the dominion of the sea entitles the “lawful possessors” to six several prerogatives. The first two refer to the right of fishing, &c., and the residue we will give at length.
“3. To impose tribute and customs on all merchant ships and fishermen, fishing and trading within the limits of the sea that is subjected to any particular dominions.
“4. The regular execution of justice for protecting the innocent, and punishing the guilty for all crimes committed within the extent of such sea-dominions.
“5. To grant free passage through any such sea to any number of ships of war belonging to any other prince or republic, or to deny the same, according to the circumstances and occasion of such passage, in the same manner as any prince or state may grant or deny free passage to foreign troops through their territories by land, even though the prince or state to whom such ships or land forces belong be not only at peace, but in alliance with the prince or republic of whom passage is desired.