The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial WatersFulton, Thomas Wemyss
History
The Sovereignty of the Sea: An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters
Fulton, Thomas Wemyss
Fisheries -- Great Britain; Great Britain. Royal Navy -- History; Sea-power; Territorial waters -- Great Britain -- History
The complaints against the Hollanders gave James his opportunity.
The policy of issuing a proclamation to forbid unlicensed fishing by
foreigners on the British coasts was discussed by the Privy Council
early in the year. Doubts, however, were expressed whether such
action would be in conformity with the provisions of the “Burgundy”
treaties, which granted liberty of fishing to the Low Countries. In
the “qualification” of Rainsford’s fishery scheme the question as to
how the king’s title and rights could be proved had been answered in
a lofty spirit--“By prerogative royall, without any accompt to be
rendered to other nations; yet others to declare the reasons thereof.”
But the Privy Council had to consider the matter more carefully. They
remitted the draft proclamation to a committee consisting of Sir John
Herbert, the second Secretary, Sir Julius Cæsar, now Chancellor of the
Exchequer, Sir Daniel Dunn, Sir Thomas Crompton, and Sir Christopher
Perkins, instructing them, after perusing all the Burgundy treaties, to
report as to the lawfulness or unlawfulness of the proposed action.[277]
A fortnight later the report of the committee was sent to the Council.
They had, they said, considered of the liberty taken by the subjects
of foreign princes and states to fish upon the coasts of the King’s
Majesty, by which not only the English fishermen received wrong in
their fishing, but the very coast towns were decayed; they had also
considered the proclamation for the restraint of fishing, and had
perused the Burgundy treaties as required, and they were “of opinion
that the King’s Majesty may without breach of any treaty now in force,
or of the law, upon the reasons specified in the proclamation sent
unto us, restrain all strangers from fishing upon his coasts without
license, in such moderation and after such convenient notice given
thereof by public proclamation, as his Majesty shall think fit.”[278]
Public-domain text, read in full here on John Shaqi.
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