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 respect to the fundamental question, the limits of the territorial
seas pertaining to Scotland, the demands of the Parliament went much
further than any previous claim. The old principle of division by the
mid-line, which was held by some lawyers in the reign of Elizabeth,
was now put forward. The commissioners were instructed to take care
that a clause was inserted in the treaty to make it clear, “that the
seas foreanent the coasts of this kingdome and about the Yles thairof
and all that is interjected betuix thame and that mid-lyne in the seas
whilk is equallie distant and divyding frome the opposite land, ar the
Scotish Seas properlie belonging to the crowne of Scotland, and that
the English hes no right nor libertie to fishe thairin, nor in no part
thairof, bot be vertew of the association and not otherwayes.” But
while these were the Scottish seas ideally regarded, English members
of the association were to be permitted to fish in them, except in
the waters which were reserved to the Scottish people in the Draft
Treaty of Union of 1604--namely, bays, firths, and lochs within land,
and a belt of fourteen miles along the coast. These waters were to be
strictly preserved for the native fishermen.[417]
The instructions which the burghs gave to their representative, Mr John
Hay, although less ample, were equally to the point. He was to agree
to the proposal for the establishment of an English settlement at the
Lewes, provided they did not fish in the reserved waters, and had no
magazines or settlements in any of the other West or North Isles, or
north of Buchan Ness or Cromarty, and not at Aberdeen if they wished
any south of Buchan Ness; and the burghs were also to have the right
to establish colonies at the Lewes. In “retribution,” as they said,
for these privileges to be granted to the English in Scotland, they
required the “liberty” of the pilchard-fishing in England and Ireland,
with equal privileges regarding it. The king was also to remove the
“Flemings” from the Isles, and to prohibit them and all other strangers
from fishing within a “land-kenning” (that is, within a distance at
which the land was visible from the sea), and power was to be conferred
upon the burghs, with the assistance of the Sheriffs and other officers
to prevent their fishing nearer. “Hamburgers, Bremeners,” and all
other strangers, were also to be removed furth of Shetland, Orkney,
Caithness, and other places.[418]
Public-domain text, read in full here on John Shaqi.
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