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
Several supplementary treaties dealing with commercial subjects were
concluded between Henry VII. and Henry VIII. on the one side, and the
Archduke of Burgundy on the other--viz., in 1499, 1506, 1515, and
1520.[134] While they confirmed in general terms the previous treaty,
the clause referring to the freedom of fishery was not specifically
mentioned, a circumstance which, considering the nature of the matters
dealt with--the staple at Calais, the cloth trade, the Zealand
tolls,--was not surprising. Nevertheless, the fact that treaties
of commerce had been made with the Low Countries subsequent to the
Intercursus Magnus, without containing a clause expressly renewing the
liberty of fishing, was used later by English statesmen, as by Lord
Bacon, as an argument that the provision of that treaty had thereby
been rendered inoperative. But the policy of Henry VIII., and indeed
of all the Tudor sovereigns, proved the contrary; liberty of fishing
on the English coast was not called in question till James came to the
throne.
We have already seen that Margaret of Savoy appealed to Henry VIII. in
1512 to protect the herring fishermen of the Low Countries from the
attacks of the Hanseatic towns, and apparently with success. The same
regard for the herring fishery was shown in a marked manner in 1521
in the negotiations between the Emperor Charles V. and King Francis
I. of France. Cardinal Wolsey, who was the “mediator” between them,
strongly urged the need of allowing the herring fishery to be free,
safe, and unmolested. He made this stipulation one of the chief points
of the proposed treaty. It is stated in a despatch which was sent
to Charles V. by his ambassadors at Calais, where the negotiations
were being conducted, that the Cardinal declared his intention to
propose, among other things, security for the fishermen and cessation
of hostility on the sea between England and Flanders, and that either
party should be free from attack by the other in English ports. There
was no difficulty about the fisheries, the ambassadors said, as they
knew the Emperor wished it, and that his subjects would more willingly
go to sea in that event than they then did under the protection of
ships charged to defend them.[135] The French ambassadors also informed
Francis that Wolsey pressed the point on them, and that they had
ultimately agreed in order “to conciliate him, considering it can be
revoked at pleasure, and will be profitable to those living on the
coast of Normandy and Picardy, and without it they will not be able
to pay their taxes.”[136] It is clear from the political events that
followed, that the great Cardinal, in stipulating for the security of
the fishermen, had principally in view the interests of the Emperor,
to whom the Netherlands belonged; but it was in perfect accord with
established English policy. The agreement for the security of the
herring fishery was embodied as a leading article in the formal treaty
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