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
Bohemia) and the aforesaid ambassador of the King of Scotland, shall
be truly and sincerely observed.”[148] This treaty, which was called
in the Netherlands “celebre fœdus,” may be regarded as the Scottish
counterpart of the Intercursus Magnus, concluded with England in 1496.
The older Dutch writers, as Wagenaar and Plegher, professed to regard
it as having guaranteed freedom of fishery on the coasts of Scotland
in the same way; and it was cited by the Dutch ambassadors in the
negotiations concerning the fishery in the seventeenth century in this
sense. But in the English treaty freedom of fishing all over the sea
was expressly covenanted in the most plain and explicit language, while
the treaty with Scotland in 1550 merely confirmed a previous treaty
which certainly did not confer liberty of fishing, though the phrase
“the free use of the sea,” now introduced in the preamble, might at
first sight imply the contrary. Nothing more appears to have been heard
of the proposal of the Scottish ambassador in 1541, which had been
deferred for further deliberation.[149]
A treaty which took a still more important place in the subsequent
disputes and negotiations respecting _mare clausum_ and unlicensed
fishing, and upon which the Dutch relied even more, at least in the
reign of James, than they did on the Intercursus Magnus, was concluded
with King James VI. in 1594, fifteen years before he issued, as king
of England as well as of Scotland, his famous proclamation forbidding
promiscuous and unlicensed fishing. On the occasion of the baptism of
his son, Prince Henry, which took place at Stirling on 30th August
1594, the States-General despatched two ambassadors, Walraven van
Brederode and Jacob Valck, laden with costly gifts, to take part in
the ceremony, and also to do a little business with the king. The
two previous treaties between Scotland and the Netherlands had been
concluded at a time when the whole of that country had been under the
rule of Charles V. In the interval it had passed into the possession of
Philip of Spain, and then the northern provinces had revolted, thrown
off the Spanish yoke, and formed the famous federal commonwealth of
the seven United Provinces of Holland, Zealand, Utrecht, Gelderland,
Over-Yssel, Friesland, and Groningen. It was thought to be desirable
by the prudent Dutchmen to renew if possible on their own behalf the
treaties with Scotland, especially as it was then recognised that James
would succeed to the English throne. The ambassadors therefore brought
with them a long draft treaty, in which the previous treaty of 1541
was recited and that of 1550 was given in full. James agreed to the
confirmation of the previous treaties, and the ratification was signed
at Edinburgh on 14th September 1594. In his declaration he stated that
he had “seen, read, and examined” the treaty of peace and alliance
made at Binche in 1550 between Charles V., Emperor of the Romans,
Public-domain text, read in full here on John Shaqi.
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