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
in the capacity of sovereign of the Low Countries, and Queen Mary,
“his honoured dame and mother,” and having found it very desirable,
good, and beneficial for him and his country, it was to be observed
inviolably for the good of the traffic and commerce of the subjects of
the two nations; and he sincerely promised to observe the treaty and
every clause and article in it. Then the easy-going monarch appears
to have forgotten all about it. The document itself was lost, and
when it was urgently wanted for the negotiations in the next century
it could not be found, and nobody in this country seemed to know what
it contained; it was even regarded by some--as the English ambassador
at The Hague--as apocryphal. Although the Dutch relied much on this
treaty, it contained no stipulation regarding liberty of fishing. The
treaty of 1550 was confirmed, by which it was provided that commerce
and navigation were to be free; merchants were to be at liberty to
pass safely and freely with their goods by land and sea, and to buy
and sell; pirates were to be chased from the sea, and the subjects
of either state, including fishermen, were to be mutually protected
from their attacks; but the fishery clause was precisely the same as
before.[150]
It is thus evident that there was a great difference between the
English and the Scottish treaties with the Netherlands respecting the
right of fishery. The former contained a separate clause, conceived
in a broad and liberal spirit and again and again renewed, providing
for mutual freedom of fishing everywhere on the seas, while no such
agreement or anything like it was made on the part of Scotland. The
Dutch fishing on the coast of Scotland was more important to them than
their fishing on the English coast, and there is no doubt they strove
to obtain the same privileges for it as they received in England.
The omission of a corresponding clause in the Scottish treaties was
in accordance with the long-settled policy of the Scottish kings and
Parliaments, and it was that policy that James carried with him to
England when he attempted to reverse the established practice with
regard to the fisheries, and opened up the claims to _mare clausum_.
Public-domain text, read in full here on John Shaqi.
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