[947] State Papers, Dom., Naval, 1769, 45. Copies of the various papers sent from the Admiralty to the Under-Secretary of State. Professor Laughton states that Lieutenant Smith was reinstated to a higher rank next day. Fortnightly Review, Aug. 1866, p. 721.
[948] A Complete History of the Most Remarkable Transactions at Sea, &c. By Josiah Burchett, Secretary to the Admiralty, 1720. Burchett’s account and definitions were adopted by later writers, as Lediard, The Naval History of England, 1735; Colliber, Columna Rostrata; or a History of the English Sea Affairs, 1727; Entick, A New Naval History or Compleat View of the British Marine, &c., 1757; Campbell, Lives of the Admirals and other Eminent British Seamen, 1742-44. Entick claimed for the crown the right to all the fisheries in the British seas, the right to impose tribute on all merchant ships navigating them, the execution of justice for all crimes committed within them, the permitting or denial of free passage through them to foreign ships of war, and the striking of the flag.
[949] In both it was as follows: “Art. ii. À l’égard des honneurs du pavillon, et du salut en mer, par les vaisseaux de la République vis-à-vis de ceux de Sa Maj. Britannique, il en sera usé respectivement de la même manière qui a été pratiquée avant le commencement de la guerre qui vient de finir.” Martens, Recueil de Traités, iii. 514, 561.
[950] Mahan, The Influence of Sea Power upon History, 209, 225, 510, &c.
[951] The Life of Richard, Earl Howe, 200 (1838).
[952] In the Regulations and Instructions issued in 1808, the article is as follows: “XXIV. Within his Majesty’s seas his ships are not on any account to strike their topsails, nor take in their flags; nor in any way to salute any foreign ship whatever; nor are they, in any other seas, to strike their topsails, or take in their flags, to any foreign ships, unless such foreign ships shall have first struck, or shall at the same time strike, their flags and topsails to his Majesty’s ships.”
[953] Observations concerning the Dominion and Sovereignty of the Seas: being an Abstract of the Marine Affairs of England. In his preface the author says the work was presented in manuscript to Charles II., “and well accepted by him.” In a letter from W. Bridgeman to Sir J. Williamson, dated from Whitehall, 13th May 1673, there was enclosed “a paper drawne up as I remember about the beginning of this Warre by Sr Philip Meadowes, which I find amongst other papers, and showing it to My Lord he directed mee to send it to you.” The enclosure is endorsed, “Soveraignity and Fishery by Sr Phil. Meadowes, 1674,” the proper date being probably 1672. It is evidently a draft of the later work, essentially the same in substance and tone. (State Papers, Dom., Chas. II., vol. 335, Part II., No. 168.) Later he sent a copy to Pepys, dated January 2, 1686. Brit. Mus. Add. MSS., 30,221, ff. 13-43.
[954] Op. cit., pp. 44-46. The draft article was as follows: “To maintain a due distinction betwixt natives and foreigners fishing upon the coasts of their respective sovereigns; and to prevent the manifold inconveniences which occasionally arise by a promiscuous and unlimited fishing; ’Tis mutually covenanted, concluded, and agreed, That the people and subjects of the United Netherlands shall henceforth abstain from fishing within any the rivers, fryths, havens, or bays of Great Britain and Ireland, or within a distance of ... leagues from any point of land thereof, or of any the isles thereto belonging; under a penalty and forfeiture of all the fish that shall be found aboard any vessel doing to the contrary, and of all the nets, utensils and other instruments of fishing. The like distances, and under the same penalties, to be kept and preserved by the subjects of His Majesty of Great Britain and Ireland, from any of the coasts belonging to the United Netherlands. But beyond these precincts and limits, that the people and subjects on both sides be at freedom to use and exercise fishing, where they please, without asking or taking licenses or safe-conducts for so doing, and without the let, hindrance, or molestation one of another. Saving always the ancient rights of the crown of England, and that nothing herein contained be interpreted or extended to any diminution or impeachment thereof, But that they remain in the same force and vertue, as before this agreement.” Meadows does not suggest the number of leagues within which fishing should be reserved, but he quotes with approval the proposal of James, in 1618, to fix a limit of fourteen miles—that is, one “land-kenning” of the Scotch.
[955] “Reflections upon a Passage in Sr William Temple’s Memoirs, printed 1692, relating to the Right of Dominion on the British Seas.” Brit. Mus. Add. MSS., 30,221, fol. 55. It is dated 1693.
[956] A Treaty of Peace, Good Correspondence and Neutrality in America, &c., 16th November 1686, Art. v. By Article xvi. French subjects were to be at liberty to fish for turtles in the islands of Cayman.