[1007] 7th March, 1689, Art iv.
[1008] State Papers, Dom., Chas. II., ccxxxiv. 112, 113, 8th Feb. 1667/8. Brit. Mus. Add. MSS., 30,221, fol. 64, 12th March 1683.
[1009] Wynne, Life of Sir Leoline Jenkins, ii. 727, 732, 755, 780, 783. In reporting to the king in one case, in which he found the capture was made in the Channel beyond the limits of a chamber, Jenkins says: “However the truth be as to the chamber, ’tis certain the seizure was made in your Majesty’s seas: but so it is, that notwithstanding your Majesty’s undoubted right of dominion and protection in these seas, strangers do hold themselves, if not permitted, yet excused for such hostilities, when they are acted at a due distance from your Majesty’s ports, harbours, and chambers; grounding themselves upon what was done and observed in that long war between Spain and the Netherlands.” The preamble of the proclamation of 12th March 1683 was as follows: “Whereas the safeguard and protection we owe to such of our own subjects, and to all others in league and amity with us, as pass and repass the seas belonging to these our kingdoms, has been always a principal part of our royal care and concern, and we, finding that the freedom and security of our navigation and commerce to and from our ports in time of hostility between our neighbouring princes has been much disturbed, nay, the reverence due to our ports, harbours, and other places under our immediate protection has been violated by the partial practices, depredations, and insolencies of private men-of-war and others pretending commissions for the present hostilities: We have thought fit, by the advice of our Privy Council, after an exact view first taken of the rules, ordinances, and provisions made on the like occasions by our royal progenitors and ourself, to revive, establish, ratify and publish to all the world these rules and ordinances following.” The rules are similar to those in the regulations of 1633 and 1668; but it is noteworthy that the “King’s Chambers” are not specifically mentioned, nor is any reference made to a “platt,” and the claim to the dominion of the seas, so prominent in 1633, is omitted.
[1010] De Dominio Maris Dissertatio. Hagæ-Batavorum, 1703.
[1011] Quæstiones Juris Publici. Lugduni-Batavorum, 1737.
[1012] “Unde dominium maris proximi non ultra concedimus, quam e terra illi imperari potest, et tamen eo usque; nulla siquidem sit ratio, cur mare, quod in alicujus imperio est et potestate, minus ejusdem esse dicamus, quam fossam in ejus territorio.... Quare omnino videtur rectius, eo potestatem terræ extendi, quousque tormenta exploduntur, eatenus quippe cum imperare, tum possidere videmur. Loquor autem de his temporibus, quibus illis machinis utimur: alioquin generaliter dicendum esset, potestatem terræ finiri, ubi finitur armorum vis; etenim hæc, ut diximus, possessionem tuetur.” De Dom. Maris, cap. ii. In the Quæstiones the phrase is “imperium terræ finitur, ubi finitur armorum potestas,” and “terræ dominium finitur ubi finitur armorum vis.”
[1013] Ibid., cap. ii.
[1015] De Jure Maritimo, p. 150.
[1016] Discursus Legales de Commercio, Venice, 1740, D, 136. 174, 211, tom. 2. An earlier edition was published at Florence in 1719.