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
obtain any license, permission, or safe-conduct,[129] which appears to
indicate that the practice of obtaining such letters for their security
had been previously in vogue. In 1468, in the treaty of peace, at
Péronne, between Louis XI. of France and Charles, Duke of Burgundy, a
similar clause was inserted providing for the freedom of the herring
fishery;[130] and in the ten years’ truce agreed upon in 1471 between
Edward IV. and the King of France mutual liberty of commerce and
fishing was stipulated during the continuance of the truce.[131] The
treaty of 1467, above referred to, which included Holland and Zealand,
was to last for thirty years, but by the death of Charles the Bold,
and the marriage of Mary of Burgundy to Maximilian of Austria, it was
deemed necessary to renew it with the new Duke; and this was done, and
the compact declared to be perpetual, in 1478, the clause providing for
the liberty of fishing remaining unaltered.[132]
It is thus clear from those numerous treaties that in the fifteenth
century the liberty of fishing in the sea was so generally recognised
by England that the principle might be regarded as having become a part
of her international policy and custom. Towards the end of the century
the Burgundy treaties were superseded by the great treaty of peace and
commercial intercourse which was concluded in 1496 between Henry VII.,
the first of the Tudor sovereigns, and Philip, Archduke of Austria
and Duke of Burgundy. This treaty, which became so well known later
as the Great Intercourse (Intercursus Magnus, le Traité d’Entrecours,
’t Groot Commercie-Tractaat), was the sheet-anchor of Dutch policy in
relation to England in the seventeenth century, and was constantly
appealed to by them in their diplomatic struggles with the Stuarts and
with Cromwell. It was the price paid by Henry for the expulsion of
Perkin Warbeck from Flanders, the provisions in regard to whom, when
slightly modified by St John in 1651 to apply to the “rebels” of the
Commonwealth, so startled the Dutch Government (see p. 387). The treaty
was to be perpetual, and it actually endured for a century and a half.
The article dealing with the liberty of fishing was couched in almost
the same language as in the preceding treaties. The fishermen of both
nations were to be at liberty to go in security to fish anywhere on
the sea, without requiring any license or safe-conduct, and to have
free use of one another’s ports under stress of misfortune, weather
or enemies, on paying the ordinary dues.[133] As conservators for
this treaty of peace and commerce, which was received with much
rejoicing in the Low Countries, Henry appointed, among others, the
mayors and aldermen of London and of a large number of towns, including
Southampton, Sandwich, Dover, Winchelsea, Boston, Yarmouth, and
Berwick; and the Archduke, on his side, appointed the burgomasters of
Ghent, Bruges, Dunkirk, Antwerp, Dort, Delft, Leyden, Amsterdam, Briel,
and others.
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