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
But when we turn to Scotland we find there was not only in that country
an absence of the toleration which was extended in England to foreign
fishermen, but that restrictive measures were in force from an early
period. The claim made by the Scottish kings in the twelfth century
for the exclusive fishing in the sea around the Isle of May on behalf
of the monks of the priory there, strikes the keynote of their policy
in later times. This difference between the policy in England and
Scotland might to some extent be due to the nature of the fishings. In
the northern kingdom the herring fishery was confined almost entirely
to the firths and lochs “within land”: the native fishermen did not
compete with the foreign vessels which carried on the fishery at a
greater or lesser distance from the coast from the neighbourhood of the
Shetlands to the Thames. The encroachments of the foreign fishermen,
which sometimes occurred from the vagaries of the shoals, were thus
resented. On the English coast the native fishery was carried on
for the most part alongside the foreign fishermen, and the English
fishermen were thus accustomed to the presence of the foreigners. In
Scotland, moreover, the sea fisheries, and in particular the herring
fishery, were of greater relative importance to the people than was
the case in England, which possessed rich pastures and was essentially
agricultural. Fishing was much more of a national pursuit, and besides
supplying what was required for home consumption, Scotland was able
to export large quantities of fish to other lands: in the fifteenth
century the title “Piscinata Scotia” was referred to as an “old
proverb.” The fisheries, besides forming a not unimportant source of
revenue to the crown, supplied a chief staple of the trade and commerce
of the “royal burghs,” which were always extremely jealous of their
rights and privileges, and possessed great power. Hence the Acts of
the Scottish Parliaments which dealt with sea fisheries--and they are
numerous--breathe a much more exclusive spirit than those of England.
Hence also the treaties and conventions between Scotland and the
Netherlands did not extend to foreign fishermen the generous treatment
which was so evident in the south. The earliest of those commercial
agreements seems to have been made in 1291; others were concluded in
1321 and 1323, in the reign of Robert the Bruce, by which free ingress
and egress were given to merchants to pass with their merchandise to
any parts of the kingdom, “with their ships and goods”; and similar
freedom of commercial intercourse was stipulated in 1371, 1401, 1407,
1412, 1416, and on numerous occasions subsequently.[139] These early
agreements contain no provision about the fisheries, and nothing to
indicate a desire on the part of the Scottish king or people to allow
fishermen from the Low Countries to fish in the adjacent waters. The
feeling of the coast population towards the foreigners was usually
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