[877] The king to the Duke of York, 26th June 1669. State Papers, Entry Book, 31, fol. 29. Instructions by the Duke of York to Sir Thomas Allin, 6th July 1669. Ibid., cclxii. 120. A marginal memorandum on the latter document says, “This rule was adjusted with Colbert, the French Ambassador here, but nothing passed in writing but this.”
[878] State Papers, Dom., 1669, cclxi. 82-87.
[879] State Papers, Dom., 1668, ccli. 191; 1670, cclxxiv. 157; cclxxv. 43; cclxxvi. 206; cclxxxi. 15; 1671, ccxc. 5, &c. Temple’s Memoirs, iii. 433. Justice, Dominion and Laws of the Sea, 298.
[880] Bynkershoek, De Dominio Maris, cap. ii. iv. As elsewhere explained ([p. 557]), it was this custom which helped to prepare the way for the acceptance of the principle that now determines the extent of the territorial sea on an open coast—viz., the range of guns.
[881] Hume, Hist, of England, c. lxv. Temple’s Memoirs and Letters. Pontalis, John de Witt. Macaulay, Hist., i. c. ii.
[882] Parl. Hist., iv. 456. Hume, op. cit.
[883] De Witt’s Brieven, iv. 837. Pontalis, op. cit., ii. 122.
[884] Sir Leoline Jenkins to Sir Thomas Allin, Admiral of the Blue Flag, 8th Oct. 1670. Life of Sir Leoline Jenkins, ii. 699.
[885] Brit. Mus. Add. MSS., 30,221, ff. 46b, 48b.
[886] Brit. Mus. Add. MSS., 30,221, fol. 47b. The affidavits of three English sailors who witnessed the meeting of the Merlin and the two Dutch convoyers off Flamborough. The sailors swore “that they exchanged guns but did not strike their flags, but went away with their flags abroad.” This evidence was obtained to magnify the offence; the position assigned, “off the Flamborough,” makes its value doubtful.