The Sovereignty of the Sea

ors, little was heard of the pretension to the sovereignty of the sea, with the exception of the striking of the flag to the royal ships in the narrow seas-a ceremony that was not peculiar to Eng

r asserted the freedom of the seas for both navigation and fishing against the exclusive policy of Denmark and Spain. At the end of the Tudor period England was the grea

space much greater than that now comprised in the so-called territorial waters. In point of fact, throughout his reign no assertion was 119 made to such a maritime sovereignty as was claimed by Charles I.228 The measures referred to were in relation to neutrality in the war which continued between the United Provinces and Spain, James having promptly concluded peace with the latter Power. He issued a number of proclamations referring to privateering and depredations at sea, most of them being conceived in the interests of Sp

sh Chambers, we find that in the treaty which Cardinal Wolsey drew up in 1521, when acting as mediator between the Emperor Charles V. and King Francis I. of France, it was stipulated that during the war between these two sovereigns, the ships, whether armed or unarmed, as well as the mariners, of either side should be secure from attack by the other Power in the harbour

rthern extremity of the east coast and ending at the Isle of Man-Holy Island, Souter Point, Whitby, Flamborough Head, Spurn Point, Cromer, Winterton Ness, Caster Ness, Lowestoft, East Ness, Orfordness, the North Foreland, the South Foreland, Dungeness, Beachy Head, "Dunenoze" (Isle of Wight), Portland Bill, Start Point, Rame Head, Dodman Point, the Lizard, the Land's End, Milford, St David's Head, Bardsey Island, Holyhead, the Isle of Man. The extent of the "chambers" varies in different places; and while this is obviously due on 121 122 some parts of the coast to the contour, it is due on other parts to a selection of headlands, no doubt according to the custom which had grown up and was recognised among the officers and others concerned. Thus the great bay between Cornwall and Devo

nity House showing the bearings o

east coast, where the Dutch carried on their great herring fishery, were much too small to have any relation to the subject of unlicensed fishing; and at no time during the prolonged discussions on the fishery were the limits of the King's Chambers made use of in argument. Neutral protection, moreover, was strictly limited to the waters defined. It was in vain that Gentilis, the Spanish advocate in the Admiralty Prize

King's Chambers on t

tax or tribute, called the "assize-herring," was imposed upon the native fishermen in Scotland, and formed a part of the revenues of the crown. Although its value was not great, James conceived the idea of levying it also from the foreign fishermen, who frequented the British seas in large numbers, and before he formally demanded it in 1609, some curious negotiations took place with a syndicate of London merchants who proposed to form a fishery association based on the taxation of foreign fishermen, and

and writers. In the reign of Elizabeth, the common interest of the two countries in opposing Spain prevented measures being taken to curb the growing power of the 125 Dutch. But early in the seventeenth century this motive had lost its force. James had promptly concluded peace with Spain, and even spoke of the Dutch as rebels.235 Thus, during his reign arose that bitter rivalry and keen emulation of the Dutch which co

of herrings, or a total of 588,000 barrels, valued at ￡441,000 sterling.237 Another author of the period gave a list of towns whose prosperity and even existence depended upon the fishery;238 and a little later Hitchcock, and, following him, Dee, stated that 400 or 500 busses came every year from the Low Countries to fish for herrings on the east coast of this country.239 Those figures referred to the fisheries of the Netherlands as a whole, including Flanders, but during the war of independence, after the Un

Scotch, French, Hollanders, Embdeners, Breemeners, and Hamburgers fishing at one time upon the coast of Scotland, Shetland, Orkney, Gattney (Caithness?), North Farrel, and Fowl (Fair) Isle, and divers other places.242 In a later treatise which 127 Keymer wrote in 1620 and submitted to King James, it is also said that the Hollanders employed about 3000 ships and 50,000 people in fishing on the coasts of England, Scotland, and Ireland. This tract has usually been attributed to Sir Walter Raleigh and is published among his works, and it obtained celebrity in consequence, both in this country and on the Continent, but it was without doubt written by Keymer.243 A more moderate 128 statement was made by another writer, Tobias Gentleman, who published the best work on the subject, in 1614, and was evidently well versed in the fisheries both of Holland and England. He states that 1000 sail of Hollanders came every 129 year to fish for herrings in "his Majesty's streams"; that more than 600 of them were "great busses," some of 120 tons, most of about 100 tons; that the crews numbered from 16 to 24 men, so that there could not be less than 20,000 mariners altogether. In addition to the great fleet of busses, the Hollanders had "a huge number" of smaller vessels of from 20 to 5

uguese, and French vessels fished for mackerel on the Irish coast and to the south-west of England, as well as for cod in the North Sea. Those from Hamburg, Bremen, and Emden took part in the herring fishery on the east coast, but they appear to have mostly confined their operations to the northern parts of Scotland. French and Flemish vessels also visited the western lochs of Scotland, both for fishing and for the purchase of fish.246 The total number of foreign vessels thus fishing in the British seas at the time in question must have been l

ir Isle, and as far south as Buchan Ness; from then until Elevation Day (14th September) it was from Buchan Ness to the coast of Northumberland; then southwards to the deep water off Yarmouth till St Catherine's Day (25th September); and so to the mouth of the Thames, the fishing usually coming to an end at the beginning of December. The "fleet" or train of nets was more than a mile in length, which necessitated the busses keeping some distance apart to prevent fouling; they were shot in the evening and hauled in the morning, when the crew began to salt and pack the herrings into barrels, which were then taken to Holland in "yagers," or carriers, repacked, branded, and exported to various

,000 barrels. Gentleman, whose work seems to have been the most trustworthy, estimated the quantity of herrings taken by the Dutch in the British seas at over 100,000 lasts or 1,200,000 barrels, the original value at ￡1,000,000 sterling and the gross value at twice that amount; "while we," he says, "take no more than to bait our hooks." Gentleman's estimate of the quantity may be taken as approximately correct, because in the present day the least effective of the vessels taking part in the Dutch herring fishery-namely, the old-fashioned flat-bottomed boats (bommen)-catch and cure on an average in a season about 660 barrels each, so that the quantity taken by a fleet of 2000 of such vessels would be about 1,320,000 barrels. But the old busses were of a superior type, kee

he sea fisheries were to the Dutch at the beginning of the seventeenth century, for the total value of all the c

ed, are easily swallowed by rough seas, not daringe to adventure far in fair weather by reason of their weaknesse for feare of stormes." The largest of the crayers were of 20 tons burden, their catch of herrings for a night being generally from one to three, and rarely as much as seven, lasts.254 One can only guess at the number of fishing boats and vessels belonging to east coast ports at this time. Gentleman stated that the number of "North Sea boats" which fished for cod, and probably also for herrings, in autumn, was from 224 to 237 along the stretch of coast between the Thames and the Humber, the crews employed in them being between 1500 and 1600. The Iceland barks numbered ab

etween the Christmas of 1613 and 18th February 1614. Scotland still sent tolerably large quantities of salmon, herrings, and salt fish to France, Spain, and elsewhere; but the exports from England were almost quite confined to red-herrings from Yarmo

his point of view that the political lent and the fishery Acts of the previous reign were designed. Another consideration began to excite even more attention. The trade in fish was looked upon as forming the basis of commerce and national wealth. The Dutch boasted that the herring fishery was their "gold-mine"; that "the herring 135 keeps Dutch trade going, and Dutch trade sets the world's afloat";257 and the argument that national power and wealth depended on the sea fisheries became a commonplace in the seventeenth century, and was urged as a reason why the English people should secure for themselves the fisheries in their own seas. This, it was said, would do more good to the kingdom than all the mines and the whole trade in cloth and wool; the fisheries would be more valuable to

William Monson, the Admiral of the Narrow Sea, "that is the only cause of the increase of shipping in Europe; and he that hath the trade of fishing becomes mightier than all the world besides in number of ships."259 Dutch ships crowded our ports; they carried away English commodities 136 at lower freights than English vessels could afford to do, and thus we were "eaten out of all trade and the bread taken out of our mouths in our own seas, and the great customs carried fr

werful and rich by shipping and maritime commerce, and the first step in the struggle was to secure the fisheries for herself. Opinions varied as to how this was to be accomplished. Some recommended the establishing of a national fishery on the plan recommended by Hitchcock in the preceding generation and tried by Charles I. in the next. Others suggested the institution of a commission of "State Merchan

he wintering of the busses. We had all the materials for building and equipping the busses except pitch and tar, whereas the Dutch had to import everything save hemp; and abundance of men to man the vessels could be got from the "decayed towns." It was on the other hand admitted that we laboured under one disadvantage. The Dutch fishermen were mor

tear, would amount to ￡565 in four months, and from a pink for cod-fishing to ￡158 in two months. The author of Britaines Buss calculated that the yearly profit from one herring-fishing and one cod-fishing of a single buss would amount to ￡897, after all expenses had been paid. This writer proposed that a corporation should be for

eed told King James, in 1612, that "this royal work," within his own knowledge, had been in project for thirty years, but that in

vonshire, who commended them as being for the public good, and early next year a formal and detailed scheme was prepared.266 In the preamble stress was laid on the fact that the Hollanders and other nations had their principal fishing on his Majesty's coasts and seas, "whose soveraignty ought therein to be acknowledged, not only to procure thereby 139 payment of his Majesty's duties of fishing, but also to have his kingdom provided with fish at such reasonable rates and prices as other nations have maintained thereby navigation and mariners; and setting of an infinite number of subjects on work within the realm of England and Scotland to strengthen his Majesty's dominion by sea and land, as the chief point of a most commendable union," that is to say, a union of England and Scotland, the idea of which was still in the mind of James. The justification for impos

e-third part, or even a half, of the fishery. This course, it was believed, would prevent any cause of offence, being, it was said, in agreement with "the known precedents of other princes." It was also thought that it would be agreeable to the Hollanders, since they would see that the Society of Fishing Merchants, being free from license or tribute, could afford to

over bad years and maintain the fishermen. In this way, by heavily taxing the Hollanders, it was believed that "no man should be discouraged by bad successe, but might depend upon God's blessing with a quiete minde to follow his vocacion avoydinge Idlenes by ye s

rder to lay the foundations of the business, and to educate English lads in the curing of herrings, and, what was "not the least point," to make the English as industrious as themselves. When the fishery was thoroughly established, it would be easy to erect "staple towns and magazines" for the commodities of other countries; the ships of the Society would bring back merchandise for the fish exported, and a great commerce would be created. In all this prosperity "the King's Majesty might be made a partaker, as a Royal Merchant," while the stock required would easily be found among the merchants. On the 141 other hand, if the king confined his a

eoples who had previously made the attempt had failed, for the Dutch were very industrious and frugal, their fish always brought the highest price, often 25 per cent above that of other nations, because they

morandum, "Touching his Majesty's Tythe."269 It has some interest from the circumstance that it was the first attempt made in the reign of James to furnish historical and legal precedents for interfering with the liberty of fishing. In substance it is little more than a collection of the stories current at the time concerning the sovereignty of the sea, such as those about King Edgar, Queen Mary and Philip, and 142 Camden's statement about Scarborough.270 It was also said that fishermen w

landers sheltered in St George's Channel, where our fleet, if need were, could always strike them. The whole trade of Christendom appeared to be going into their hands. Sir Nicholas was afraid they might join with the "Turks" against us; there was even risk of invasion unless measures were taken to curb their growing power. The measures he proposed were the delivery of Flushing and Brill as pledges of security, and the payment of ￡4,000,000 for the king's license to carry on their fishery for twenty-one years on the British coasts. Otherwise they should be compelled to pay a tithe of the twentieth herring or be forbidden altogether.271 Sir William 143 Monson-who was a Roman Catholic, had been Admiral of t

ved. When the burghs were called upon to state the number of busses they were prepared to set forth, they declared that some of the coast towns already had vessels engaged in this fishery, especially in summer, "att the back of the Isles besyid the Flemeingis"; that on the coast there was more shipping for fishing than "substance" to furnish them with or mariners to serve in them; and

the shore from the main-tops of their vessels, they now came as near as they pleased, and would not sutler any others, whether subjects or strangers, to fish within the bounds of their fleet, which, it was said, extended over a space "at least forty Scottish miles in length and twenty broad," thus "breaking and killing" the shoals before they could reach the mainland. They were also accused of drawing "the great fish" (by which was meant cod, saithe, &c.) from the grounds along the shore, by casting into the sea the guts of the herrings they cured on boar

France, came before the fishing season and "preoccupied and environed" the best 145 places with their shipping, enclosing, as in a circle, the shoals of herrings, and preventing the native fishermen from fishing among them. They were thus deprived of one of the best commodities of the land, and the herrings which they were prevented from catching were taken by the Hollanders and sold fresh on the English coast in contravention of the statutes. They said they were threatened with utter decay and impoverishment, and were discouraged from building barks for the Iceland fishing, which had in the past produced numbers of good mariners, to the

of fishing to the Low Countries. In the "qualification" of Rainsford's fishery scheme the question as to how the king's title and rights could be proved had been answered in a lofty spirit-"By prerogative royall, without any accompt to be rendered to other nations; yet 146 others to declare the reasons thereof." But the Privy Council had to consider the matter more

g in their fishing, but the very coast towns were decayed; they had also considered the proclamation for the restraint of fishing, and had perused the Burgundy treaties as required, and they were "of opinion that the King's Majesty may without breach of any treaty now in fo

e branded as "insanely cupid" any one who attempted to interfere with the common liberty of fishing in the sea; and within a week or two thereafter the Truce of Antwerp was signed by Spain and the States-General, by which the long war between those Powers was brought to a close, and James was free to begin his policy against the Dutch fishermen. On 12th April 1609 a memorandum was drawn up for the Council, in which it was stated (1) that a conference having been held with the fishermen concerning the seasons of all the fishings on the coast, it was thought fit that the proclamation should take effec

ties, or rather questioning for our right,281 but hath been a means of much daily wrongs to our own people that exercise the trade 149 150 of fishing, as (either by the multitude of strangers, which do preoccupy those places, or by the injuries which they receive most commonly at their hands) our subjects are constrained to abandon their fishing, or at the least are become so discouraged in the same, as they hold it better for them to betake themselves to some other course of living, whereby not only divers of our coast-towns are much decayed, but the number of mariners daily diminished, which is a matter of great consequence to our estate, considering how much the strength thereof consisteth in the power of shipping and use of navigation." It was therefore both j

of Committee's Report to Privy Council regarding the

taken to induce the hundred or so of French boats that took part in the herring-fishing on the east coast to obtain licenses; and though the Earl of Salisbury wrote a long letter to the English ambassador at Madrid, explaining the reasons that

Earl of Salisbury and with James himself. Lord Salisbury, who was believed by Caron to be the real author of the scheme, held out little hope of an amicable settlement. But the good-natured king, who loved peace even more than he loved his prerogative, was more conciliatory. He explained to Sir Noel that the proclamation was for the purpose of introducing better order into the fishery, and to make manifest to the world the authority and power which he had on the sea,285 and was not meant in any way to wrong the States, either by hostile force or otherwise. The French Government had in the meantime moved in the matter. At first nothing was said to our ambassador at Paris about the proclamation, and he thought it "no wisdom" to speak about it to them unless they raised the question. This they did later, either on account of the French fishermen or at the instigation of the

m of a thousand herrings levied from each fishing-boat employed at the herring fishery, and they belonged to the king as part of the crown revenues.289 From the extent of the 153 Dutch herring fishery it is evident that a similar tax imposed on it would have brought in a goodly sum annually to the king's coffers. A few years later, when James did attempt to collect the ta

ld therefore be an "innovation" to enforce the payment there now. He further averred that treaties between King James and the United Provinces existed by which Dutch fishermen were freed from any payment to the king for fishing on his coasts and seas. Moreover, he declared the sea was free to all, mare est liberum, and consequently there was no king nor lord to be acknowledged upon the sea, "but every st

kingdom. But even if such grant had been made, it could not stand good in law, because it was "repugnant to reason." By negligence, he said, the Hollanders had been allowed two advantages. In ancient times they were "appointed" to fish no nearer the land than they could see the shore from their main-tops; but now they fished as near as they pleased, excluding the natives and breaking up the shoals. Then, while the natives had to pay three assizes yearly, the Dutch were "as yet" asked to pay only one, though many of the busses made three voyages in a year. And if the sea was free to all, why had the Netherlanders entered into treaties for freedom of fishing? By making covenants with the kings of Scotland, "and tak

ates at the English Court for over twenty-five years. Another was Elias van Oldenbarnevelt, a brother of the great statesman who was then at the head of affairs in the Netherlands, and to him the business of the fishing was specially committed. They arrived in England on 14th April, and had an audience with the king a few days later and another with the Privy Council. They asked for an assurance that the king's proclamation was

te freedom of fishing, resting their case on arguments drawn from the civil law, on immemorial possession, on the existence of treaties, and on 156 political considerations. They said the United Provinces had always been in peaceful possession of free fishing, and that from time immemorial they had enjoyed complete liberty to fish over the whole sea, both as a matter of usage and of right. To disturb them by force in the enjoyment of that rig

the Declaration of the Dutch En

uted. More than 20,000 mariners were maintained by the herring fishery alone, besides other 40,000 people who gained their livelihood by making nets, packing the fish, and in other industries depending upon the fishery. The power and security of the country and much of its commerce rested on the fishery. As for the complaint that the decay of English coast-towns was caused by their fishing off the coast, it was explained that they only fished there for herrings which were cured on board, and that this industry had been discovered by themselves, which gave them

ideration" for the fishing within them. The commissioners evidently felt that the treaties offered the greatest difficulty to the policy of James, and they contended that all the Burgundy treaties had become obsolete for a variety of reasons. The great treaty of 1496 had lost its effect, inasmuch as a later treaty in 1520 (which, however, dealt with quite other things) did not confirm it. The treaties, moreover, had been made with the House of Burgundy, and concerned only the subjects of that house; but there were now no subjects of the Duke of Burgundy; and the Dutch at l

s to be indubitable, he, "out of his great love to the Low Countries, would forbear to proceed according to the proclamation."294 At the farewell audience James used very kind expressions. He made the remarkable but characteristic statement to the ambassadors that he had issued the proclamation owing to the just complaints of his subjects, not from the solicitation of courtesans or courtiers.295 He assured them of his affection towards them and the preservation of their state, "which next unto his own he held most dear above all other respects in the world." As for the busin

ford wrote to Lord Salisbury in October 1609 expressing his fears that the Earl disapproved of the project to raise a great 160 revenue to the king for the fishing in his sea

nture," leaving every town at liberty to venture for itself; and laws and ordinances were drawn up for the central body in London and the affiliated societies throughout the country. Since the money necessary was to be found by private individuals, a number of privileges were asked from the Government. One of these, which made it lawful for the corporation to carry their fish abroad and to bring back commodities in exchange, "from all parts wheresoever, notwithstanding any former privileges to the contrary," was strenuously opposed by all the tradin

sty will be pleased to graunt unto her a Pattent of theis fishings under his Majesty's great Seales of England and Scotland, whereby her Majesty may have power to graunt lycense and to compound with these strangers for an yearly revenue to be paid unto her Majestie for theis fishings." By this means a great revenue would be drawn into the country, which would be sufficient to support and maintain her estate, "and so his Majesty's coffers will be spared." She promised besides that she would give him a full fi

red, she questioned whether that plan would be successful. Some men, indeed, of great judgment, she said, were of opinion that the king would reap no benefit at all in that way, for 1000 busses was "t

ilt a large one at Limehouse. But all the efforts made in the reign of James, and indeed throughout the whole century, to form a great national fishery on the model of the Dutch completely failed. It required nearly two centuries of experience, and the squandering of vast sums of money, to teach the people

ough he had seen Mr Barnevelt on several occasions he had not mentioned the matter to him, and was waiting for a suitable time to speak of this "dainty and delicate business."303 Later in the year, the Keeper of the State Papers was requested by the Lord Chancellor and the Archbishop of Canterbury to search the records in his custody relating to the king's jurisdiction on the sea and his right to the fishing. "Whereas," they said, "there is occasion for his Maje

he queen for twenty-one years the revenue to be derived from taxing the herring-busses, and that no one would be allowed to fish on the coasts of England or Scotland without her consent.305 This letter was at once considered by the Dutch Government. A committee was appointed to look into the treaties bearing on

nd trade, and to draw a parallel between the commodities of wool on land and fish in the sea, "which," he said, "are the Adamants that draw and govern all other Trade and 164 Merchandizing"-language which led the Dutch to think the proclamation anent unlicensed fishing was about to be