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
With regard to the other matter about which James had desired “the most
perfect information,”--his right to exclude foreigners from fishing on
his coasts,--the Council had the greatest difficulty in discovering
anything whatever pertaining to it. It was the most important part of
the question to come before the commissioners, because the States had
already issued a strongly-worded edict forbidding their people from
committing any wrongs upon the Scottish people (p. 179), and the king
could scarcely make out a just case for prohibiting the Hollanders from
fishing on this ground alone. He desired to show, what he no doubt
fully believed, that his claims were supported by historical precedents
and the laws of Scotland, and that none of the treaties on which the
Dutch always relied in such negotiations were contrary to his claims.
In his letter to the Council he therefore repeated the request that the
public records should be searched, and desired that Lords Lauderdale
and Balmerino, the Laird of Lundy, and others into whose hands
such documents might have come, “from their ancestors, Chancellors,
secretaries, clerks of register, ambassadors, or councillors of state,”
should try to find any which bore upon the matter, and to have them
forwarded to him without delay. The terms of the king’s letter show
plainly enough the confusion and imperfection of the Scottish state
records at that time; and the Lords of the Council sought high and
low to discover copies of the treaties or any other official papers
relating to the subject, but for a long time without any success.
Copies of some of the treaties were afterwards found, but nothing
to establish the king’s right to exclude the Hollanders from the
fishery. In these circumstances the Council advised the commissioners
“to proceed warily,” and to make the Dutch ambassadors produce what
they had to show for their claim to the fishing, and then to answer
that.[355]
But as things turned out, it was of no immediate importance whether
or not the Scottish commissioners were armed with documentary proofs
of the king’s claims to the fishery. The Dutch ambassadors, as has
been said, came without any powers to treat on that subject. In their
private instructions, indeed, they were enjoined to avoid carefully any
discussion about the herring fishery. If it was forced upon them, they
were to point out that the States had already issued a proclamation
to prevent wrongs being done to Scottish fishermen, which would be
strictly enforced. If this was not sufficient, they were to fall back
on general arguments as to the natural freedom of the sea, their
immemorial possession of the fishery and its paramount importance to
their country, and to plead for delay on account of the confusion and
difficulties of their home affairs.
Public-domain text, read in full here on John Shaqi.
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