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 various fishery truces and conventions of Henry IV., which
were made at a time when great insecurity prevailed on the sea and
depredations were committed on all hands, reflect credit on that able
monarch, and notwithstanding the naval weakness in the early part of
his reign, they must have had a favourable influence in fostering the
sea fisheries. The sort of treatment that fishermen in those times had
frequently to undergo is indicated in a complaint made to the king in
1410 that, notwithstanding the fishery truce with France, the men of
Harfleur had seized an English fishing vessel of twenty-four tons, _Le
Cogge Johan de Briggewauter_, and had thrown the master and fourteen of
the crew into prison, without food and water, and held them to ransom
for a hundred pounds.[125] Such occurrences were by no means uncommon,
and it was customary for fishing vessels to go to sea armed,[126]--a
provision which also enabled them on occasion to do a little piracy on
their own account. It was sometimes difficult for the authorities to
decide whether a vessel provided with fishing-lines and armed, as some
were, with “minions, falcons, and falconettes,” and having a good store
of powder and bullets, had been equipped to catch fish or prey upon
other vessels.
It does not appear that any treaty concerning liberty of fishing was
made in the warlike reign of Henry V. (1413-1422); but, as stated
above, this king confirmed the Burgundy treaty in 1417. In the
succeeding reign of Henry VI., in 1439, a treaty was concluded for
three years with Isabel of Portugal, as representing her husband,
Philip, Duke of Burgundy, which provided for liberty in fishing in
much the same language as in the treaty of Henry IV. It was stipulated
that all the fishermen of England, Ireland, or Calais, as well as
of Brabant and Flanders, should be free to go all over the sea for
fishing, without any hindrance or molestation on either side, and that
they should have free access to the ports of either, under the usual
conditions. Although the Duke of Burgundy was also Count of Holland
and Zealand, these states were not specifically included in this
treaty, which was renewed in 1442 for other five years, and again, at
Calais, in 1446, for a term of twelve years, in precisely the same
terms, and the commonalties of Ghent, Bruges, Ypres, and of the French
dominions promised to observe it.[127] In the renewal of the treaty
of intercourse at Brussels, in 1468, by Edward IV. and the Duchess of
Burgundy on behalf of her husband, Duke Charles, in addition to the
mention of Brabant, Flanders, and Mechlin, words were added[128] which
brought Holland and Zealand into the treaty, and thus formally gave
them that liberty of fishing on the British, or at least the English,
coast which they struggled so hard and so successfully to retain in
the seventeenth century. The article on the fishery also declared that
the fishermen should be at liberty to fish without being required to
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