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 this long argument the deputies replied with arguments as long. With
respect to the treaties, they said that the treaty of 1496 was not
between prince and prince, but between states and towns, as specified
in it; and that the article which provided for mutual liberty of
fishing had been confirmed in later treaties, notably in the treaty
of Binche, in 1541, between the Emperor Charles and the King of
Scotland; in that of 1550 with Queen Mary of Scotland; and in that
between the United Provinces and King James of Scotland in 1594.[771]
Moreover, in the treaty between England and Spain in 1630, there were
certain words which confirmed the ancient treaties of intercourse and
commerce.[772] They expressed the opinion that Cromwell had not been
well informed in saying that licenses for fishing had been granted
before the Intercursus Magnus was concluded, because it was doubtful
if the invention of the salting and casking of herrings was much
before that date.[773] As to the alleged lease of the fishings by King
Philip, there was nothing to compel him to take such a lease, and
they saw no reason why he should have done so; while the proclamation
of James, so far from being an argument against them, was entirely
in their favour, because, as they could prove from papers in their
hands, it was never put into execution, but was suspended on the
representations of the States. The action of the Earl of Northumberland
they described as simple extortion, since he had compelled a few
defenceless fishermen, without the knowledge of the States, to pay
him some money. The deputies concluded their arguments by saying they
had no further instructions on the matter, and that if the Council
pressed the article, they would require to return and report to their
Government: there was, they said, a high and mighty Lord in heaven who
knew the hearts and rights of all, and He would judge. Cromwell assured
them that the article had not been inserted in the draft treaty with
the object of breaking off the negotiations, but only that they might
maintain their just rights. Why, he asked, should the States object to
acknowledge the right of the Commonwealth to the fisheries, when other
Powers like France and Sweden, who had as much claim to liberty as
they, had not scrupled to acknowledge it?[774]
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