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
But it is probable that _Mare Liberum_ received as much attention
in England as it did in any other country. Grotius, as we have
seen, condemned any interference with the liberty of fishing or the
imposition of taxes on foreign fishermen in very severe language, and
his book appeared just at the time when King James had resolved on
both these courses, and within less than two months of the issue of
the famous proclamation forbidding unlicensed fishing by foreigners on
the British coasts. To be by implication branded as “insanely cupid”
by an anonymous Dutch writer, because he had decided to levy the
“assize-herring” from Dutch fishermen, must have irritated James; and
the irritation would not be lessened when he found the envoys from the
Netherlands in the following year vindicating their right to liberty
of fishing by just such arguments as were contained in _Mare Liberum_.
James, indeed, showed a somewhat bitter feeling towards the great
Dutch publicist when the authorship was revealed and the author lay in
prison; and Carleton, the English ambassador at The Hague, in a speech
to the States-General, held him up to opprobrium and stated that the
disgrace into which he had fallen should deter others from adopting his
opinions.
The task of replying to Grotius was taken up by a Scottish lawyer,
William Welwod or Welwood, a professor of the civil law. Welwood was
Professor of Mathematics at St Andrews University, but exchanged the
Mathematical for the Juridical Chair about the year 1587; at the royal
visitation in 1597 he was deprived of his office, on the ground that
the profession of the law was in no wise necessary at that time in
the University, but probably because his profession as a teacher of
jurisprudence was obnoxious in the eyes of James.[634] In 1590 he had
published at Edinburgh a treatise on the Sea Laws of Scotland, which
is believed to be the earliest regular work on maritime jurisprudence
printed in Britain, and which was dedicated to James;[635] but
it contains nothing bearing on the question of the fishery or
“assize-herring.” In 1613 he published at London a new and enlarged
edition of his early work, and in one of the chapters on “The Community
and Proprietie of the Seas,” he endeavoured to refute the arguments
advanced in _Mare Liberum_, which he seems to have looked upon as
a reply to James’s proclamation of 1609.[636] This work was also
dedicated to the king, and in a prefatory address to the three High
Admirals--the Duke of Lennox, the Earl of Northampton, and the Earl of
Nottingham--he impressed upon them the importance of the “conservacie”
of the sea, especially for the fisheries, and urged that strangers
should be stayed from scattering and breaking the shoals of fish on the
coast of Scotland, a duty on which some of his Majesty’s ships might
well be employed.
Public-domain text, read in full here on John Shaqi.
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