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
The first of the formal treaties providing for liberty of fishing
was concluded in 1351 between Edward III. and the king of Castile
and towns on the coast of Castile and Biscay. Edward had signally
defeated the Spanish fleet in the year before in the battle known
as “L’Espagnols sur Mer,” and in the truce for twenty years which
followed, it was stipulated that there should be mutual freedom of
commerce and navigation, and that the fishermen from Castile and Biscay
should be at liberty to come freely and safely to fish in the ports of
England and Brittany, and in all other places and ports, paying the
dues and customs to the lords of the country.[117] Spanish fishermen
do not appear to have taken part in the great herring fishing on the
east coast,--Spaniards, indeed, have never cared for pickled or cured
herrings, differing in this respect from the Teutonic races, but have
preferred the mackerel, the pilchard, and the cod. The liberty of
fishing conferred by the treaty was no doubt chiefly valuable to them
with respect to their fishery off the Irish coast, the south-west coast
of England, and along the coasts of Aquitaine and Brittany for sardines
and mackerel. Two years later a similar treaty was concluded between
Edward and the towns of Portugal and Algarve, in which liberty of
fishing was stipulated in precisely the same terms,[118] and no doubt
related to the same waters.
Early in the next century we find what seems to be the first of the
numerous agreements as to the liberty of fishing for herrings in the
narrow seas, quite a number of which were made in the comparatively
short and troubled reign of Henry IV. In a truce concluded in 1403
between Henry and the King of France, it was provided that merchants,
mariners, and fishermen should be free to pass to and through either
kingdom without requiring letters of safe-conduct. Henry, therefore,
issued a mandate to his admirals and other officers concerned,
enjoining that during the current herring season the fishermen of both
countries should freely fish for herrings and all other fish, from
Gravelines and the Isle of Thanet down to the mouth of the Seine and
Southampton, without hindrance or molestation, and that if they were
chased by pirates or met with contrary winds they were to be allowed
to take refuge in the ports within the area defined, and were to be
well treated.[119] As the king’s missive is dated 26th October, it
appears that there was then, as there is now, a considerable winter
herring fishing in the Channel. Three years later, on 5th October
1406, Henry took all the fishermen of France, Flanders, and Brittany,
with their ships and boats, under his protection until 2nd February
in the following year,--that is to say, during the winter herring
fishery,--for which time they were to be allowed to fish freely and
without molestation, and to carry away their fish, provided they did
nothing to prejudice him or his kingdom.[120] Considering the weak
Public-domain text, read in full here on John Shaqi.
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