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
to the saids commissioners in suche maner as they give not way that
strangers be permitted to fishe within the saids bounds vpon anie
conditioune.”[420]
* * * * *
A glance at the accompanying chart, indicating the boundary of the
“reserved” waters as claimed by the burghs, will show how large an
extent of the neighbouring seas was considered to be necessary for the
subsistence of the people. Not only were all the great firths included,
and the waters of the Minch and within the Isles, but it will be
observed that the fourteen-mile limit around a very great part of the
coast was drawn, not from the shore, but from an ideal straight line
uniting the headlands.
When this report from the burghs was submitted to the Privy Council,
they professed to find it “to be of too large an extent”; and they
therefore, as they said, “out of their desire to his Majesty’s
contentment and for the advancement of the great work,” proceeded to
“retrench and restrict the universality of the exceptions” made by
the burghs. The true spirit of the Council was, however, shown by the
fact that their alternative scheme was practically the same. They
rearranged the description of the lines at the Orkneys and Shetlands
without diminishing the extent of the enclosed sea, and they carried
the boundary down the east instead of the west side of the Hebrides,
and so on to Islay. They thus reduced the area of the waters proposed
to be reserved by omitting only the strip of fourteen miles to the west
of the Hebrides. The Council declared that they had reserved an area
of fourteen miles off such coasts as were well peopled, and where the
inhabitants lived mostly by fishing, and could not possibly subsist
and pay their rents and duties without it. They also stated that if a
buss-fishing had been established in Scotland,[421] the fishing would
have been reserved for the use and benefit of the country people,
“seeing it cannot be qualified that ever any Hollanders or other
strangers fished in these waters.”
In transmitting the two schemes to the commissioners in London, on
31st April 1631, the Council observed that at first the burghs had
“stood very punctually” on the instructions at first issued to the
commissioners, saying there was no need to particularise the reserved
waters, since they had been included in the Act of Union, but that
they had been persuaded to abandon this attitude and condescend to
particulars. If this was not a stroke of Scotch humour, it would
indicate that the measurement of the fourteen miles mentioned in the
Draft Treaty was to be understood as expressed in the report of the
burghs.[422]
[Illustration: Fig. 9.--_Showing the limits of the “Reserved Waters”
claimed by Scotland._]
Public-domain text, read in full here on John Shaqi.
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