The Sovereignty of the Sea

reign fishermen frequenting his coasts, or for extracting from them a tribute for their liberty of fishing. But the existence of the

it, though they naturally did not lay stress on the point. James resolved that those omissions should be remedied. In 1610 he granted the assize-herrings to Captain John Mason, who was employed with two ships of war in that and in the following year on the coast of Scotland. Mason accordingly made strenuous efforts to collect the tribute. The fishermen of Fifeshire, who carried on a herring fishery

the central figure in the dramatic episode in 1617, referred to later), the Lords of the Council indited a long letter to the king. They cited the decision in Mason's case two years before, and the reasons for it. They expatiated on the great decay which had occurred in all trades and commerce in Scotland, and stated that the fishings would also decay if the duty was levied. In plain words they told the king that the fisheries should rather be encouraged-for the general welfare of the country, the increase of customs, the inbringing of bullion, and providing work for the poor. In face of the decree in Mason's case, the Duke's agents had to admit that they could not levy the tax from the burghs, but they craved leave to exact them from the native fishermen of Orkney and Shetland, and from the foreign fishermen who fished there. On the former point the opinion of the Council was clear. They upheld the contention of the burghs that the

might have serious consequences. They had no sympathy with the foreign fishermen, for complaints regarding them from the burghs were frequent. In 1611 the city of Edinburgh represented to them the "inconvenience" which was sustained 168 by the whole realm and by the merchants in particular through the non-observance of the Act of 1581, "anent the comming of schip

, that it was the opinion of "every true-hearted Englishman" that the king "ought to forbid all manner of intercourse between the Kingdoms and the United Provinces, and forbid the Hollanders, by a fresh reviving of former proclamations, to continue their yearly fishing upon our coasts."314 The influence of this feeling was soon apparent. The Duke of Lennox was now instructed by the king to levy the assize-herrings from foreigners fishing at the North Isles, the grant, under the great seal of Scotland, being dated in June 1616; and to render his task more easy he obtained from Sir Noel Caron in the same month a letter of recommendation ("aanbevelingsbrief") to the captains of the Dutch convo

The fishermen were told that if they did not pay it the amount would be doubled in the following year; and that the king had a right to levy this tax for a distance of 100 miles from the coast in virtue of the agreement made with the States at the baptism of Prince Henry.316 Although the toll was paid by most of the busses, it was without the consent of the c

mplained to the king and to the Duke of Lennox. James explained that it was merely a small tribute or tax which was levied in Scotland on all foreign fishermen, and even on his own subjects, and had been leased to the Duke of Lennox, who paid an annual rent for it into the Exchequer. He had, he said, arranged that one of his ships of war should be stationed on the fishing-ground for the security of the fishermen and to protect them from pirates. Caron declared that their High Mightinesses were exempt from all imposts or taxes for their fishery, both by the treaties "and otherwise," and he begged the king to give other instructions, as the matter had occasioned great disquiet and alarm in Holland. Lennox also tried to minimise the importance of the measure. It was, he said, a small matter; a mere "acknowledgment" of a barrel of herrings or ten shillings from each buss, which had to be paid thrice a year by all the king's subjects who fished at the North Isles, and was willing

of all the Netherland fishermen, handing to Brown a declaration to that effect in writing. Brown professed himself satisfied, and was about to leave Tlieff's vessel to proceed, as he said, among the fishermen of other countries, when the captain of the convoyer from Enkhuisen, Jan Albertsz by name, who had spoken to Brown in the previous year, came on board. He asked Brown if he was the person who had levied the tax in 172 the year before, and on receiving a reply in the affirmative he at once arrested him, saying he had orders to that effect; and notwithstanding Brown's warning as to the cons

m Sir Noel Caron that reparation must be made by the States; and to instruct the British ambassador at The Hague to "demand satisfaction from them for this insolence offered to his Majesty." Winwood at once sent for Caron, and informed him of the "disgraceful affront" which had been put upon the king while his Majesty himself was in Scotland. The king, he said, was very sensible of their "injurious and scornful carriage," and immediate satisfaction and redress were demanded. Sir Dudley Carleton used even stronger language in addressing the States-General at The H

as a personal gift, and he left for home on 13th September. Count Maurice and Barnevelt promptly disavowed the act of Albertsz, and when the matter was brought before the States-General by Carleton, it fell to the lot of Grotius, in the absence of Barnevelt, to express the regret of the assembly for the "accident," and to request the British ambassador to put the case in writing for inquiry. In their reply later, the States-General threw the whole blame on the captains, Albertsz and Tlieff, who had, they said, acted wi

aw and privilege; and although they were assured by Carleton that the only punishment the offenders would receive would be "the crossing and re-crossing the seas," they begged that some other means might be found of settling the matter. James, however, who had submitted the case to counsel as to the legality of his demand, remained obdurate.323 Finally, after much negotiation and debate, the States, in February 1618, resolved to send over the two captains to receive the personal rebuke of the king. Albertsz,

y had been "driven thereto upon necessity, and by the violence and oppression of the Hollanders, who came yearly with two thousand sail and above within his Majesty's waters, and within a mile of the 'continent' of Orkney and Shetland, and not contented with the benefit that the liberty of their fishing within the said bounds affords yearly unto them, they do very heavily oppress his Majesty's poor subjects and fishers." They said that the Hollanders "stoppis thame, houndis and chaisis thame frome thair fischeing, cuttis thair nettis, threatnis thair lyveis, and thairby compellis thame, who ar a nomber of poore people haveing no other trade quhairby to manteene thair families, to seeke thair fischeing elsquhair and far frome thair awne coist, with grite tormoyll, travell, trouble, and chargeis."326 The Lords of the Council, however, held that the oppression committed by the Hollanders on them was no warrant for their oppressing

9 On reporting this home, Carleton was told by the king to raise the question of the fishing again before he came away, and he explained to him that the custom of the land-kenning was that no stranger should fish either within the creeks of the land or within a kenning of the land, "as seamen do take a kenning." He asked Carleton to ascertain whether the Dutch claimed to fish wherever they liked, or were willing to accept reasonable bounds, adding that the resolution tha

es in the fields, "to the great hurt of the owners"; and made free with the eggs and young of seafowl on the uninhabited isles, to the hurt of the proprietors. In the long catalogue of their supposed outrages on land, two were more important. It was alleged that they gave refuge to thieves and malefactors, so that justice could not reach them; and that some years before they seized an honest young woman who was selling stockings among them and held her head-downwards on an eminence in sight of the whole fleet, owing to which she died later. Among their offences at sea they were charged with shooting at native fishermen, "catching of their small netts and lynes 178 withi

hair awne interes thairin, ather be right or lang possessioun," but also the whole of the kingdom, it would be better if the king's proposals were first imparted to the Privy Council in England. They requested, further, that the ambassador in Holland should again expostulate with the States as to the injuries caused to the king's subjects by their "unjust usurpation to fish within sight of his Majesty's land," and to urge them to issue a proclamation to prohibit, under heavy penalties, their people from all further fis

bourliness, and good correspondence."334 In forwarding a copy of this proclamation to the king, the States said that they had issued it for his satisfaction, and had given strict orders to their captains to apprehend any one who acted contrary to it. But they expressed the hope that he would not permit the fishermen of the United Provinces to be disturbed or troubled in the liberty and freedom of taking herrings throughout the whole sea, of which liberty they were in immemorial possession, and it had been confirmed to them by several treaties, in particular by that made in 1551 between the king's predecessor a

uisition of his duties from the Hollanders fishing on the coasts of Orkney and Shetland, in order both to keep possession of the fishing and to foil any plea from the States-General that no such duties had been demanded of them. He had intended, he said, to send a ship of war, but those which were ready were otherwise engaged, and there would not be time to equip a vessel in England before the Hollanders returned from the fishing. The Council were therefore instructed to fit out with all expedition either his own pinnace or any other ship which could conveniently be procured, and to send it to the North Isles with such person as the deputy of the Duke of Lennox should choose, who was to be instructed "in fair tearmes and calme and peciable maner to crave oure said dewties, a

assy from The Hague, whose appointment was now mooted, and which was designed to settle various differences between the two countries that had become acute. Besides the herring fish

us of competitors. In 1613 they procured from King James a charter by which they were entitled to exclude all others, foreigners as well as subjects, from sailing to Spitzbergen; and in that year they dispatched thither a fleet of seven armed vessels to defend their rights by force as well as to catch whales.344 In the seas at Spitzbergen they found a number of other whalers from Spain and France, as well as two Dutch ships which had returned to the fishery. The English vessels immediately attacked them, and drove most 183 of the intruders away.345 The Englishmen then set up a cross on the shore with the king's arms on it, and they called the land "King James's Newland." It is noteworthy as indicating the attitude and practice towards France throughout almost the whole of the disputes about mare clausum, that the French whalers were allowed to continue their operations, subject, however, to the payment of a tribute of whales or train-oil, while the two Dutch ships were despoiled of their catches and fishing-gear and were sent home empty. On their arrival at Amsterdam th

at Spitzbergen. Afte

d by three States' men-of-war, left Holland for the Arctic seas, prepared to maintain their right to freedom of fishery by fighting for it if necessary. The English whalers did not venture to attack so powerful a squadron, and as the Hollanders came in 1615 and 1616 in even greater force, they were for these three years enabled to carry on their whale-fishing without molestation. In 1617, however, their convoyers having been reduced in numbers, they were again assailed by the English; one of the Dutch vessel

the English in the East Indies, and on other matters in dispute; and he demanded that the embassy so 185 repeatedly promised by the States should be sent to England without any further delay. The embassy in question had been originally proposed by the Dutch with the view of arranging the differences as to the trade in cloth and the herring fishery. Their diplomacy through the ordinary channels had, however, been so successful in preserving their freedom of fishing, notwithstanding the h

tions of Carleton, their instructions were confined to the "Greenland" (Spitzbergen) and East Indian

ments both with reference to the treaties and the Law of Nations. Early in November he wrote to the Council at Edinburgh, saying that the wrongs suffered by his Scottish subjects from the fishing of the Hollanders in the seas of Scotland had caused him to bring the matter before the States, and to acquaint them of his "resolution to have them duly repaired." The States had signified their desire to have their rights and the actions of their subjects "orderly tried and determined," and they were therefore about to send over commissioners "sufficiently authorised" for that purpose. As commissioners to meet them, he had chosen the Duke of Lenn

the redress required for the injuries 187 committed by the Dutch fishermen, and for preventing in future any unlawful proceeding by the States, "either by fishing in his Majesty's Scottish seas" or by doing wrong to the inhabitants. They were, moreover, "to concur" with the English commissioners to be appointed as to the "friendly behaviour" of British subjects and the subjects of the United Provinces in all other seas, fishings, voyages, and other foreign intercourse, necessary for the continuance

t his claims were supported by historical precedents and the laws of Scotland, and that none of the treaties on which the Dutch always relied in such negotiations were contrary to his claims. In his letter to the Council he therefore repeated the request that the public records should be searched, and desired that Lords Lauderdale and Balmerino, 188 the Laird of Lundy, and others into whose hands such documents might have come, "from their ancestors, Chancellors, secretaries, clerks of register, ambassadors, or councillors of state," should try to find any which bore upon the matter, and to have them forwarded to him without delay. The t

ctions, indeed, they were enjoined to avoid carefully any discussion about the herring fishery. If it was forced upon them, they were to point out that the States had already issued a proclamation to prevent wrongs being done to Scottish fishermen, which would be strictly enforced. If th

ishing," he told them, "on the coasts of England, Scotland, and Ireland, as a regality and point of sovereignty, was possessed by him alone, to the exclusion of all others." Spain, he said, had asked leave to negotiate about freedom of fishing, while France enjoyed the privilege only under great limitations, a few small vessels being allowed to fish for the use of the Court and the king's family.356 How little becoming was it therefore, continued James with heat, that a Republic which had only been recognised for a few years should be the first to contest his sovereign rights! It was useless for them to plead unprofitable years and immemorial possession. He was king of the greatest islands in the world, and he knew very well the rights he had on the coasts of his three kingdoms.357 He further informed them that he was bound by oath at his coronation to maintain the rights, liberties, and privileges o

he herring-fishing, and they feared that the same thing would happen with the tribute the king claimed as had happened with the dues at the Sound, which had been gradually raised until they had become an intolerable burden. He threw out the suggestion at the same time that perhaps the freedom of fishing might be purchased by a lump sum. A little later Carleton proposed to the States-General that the three subjects omitted from the ambassadors' instructions should also be brought into the negotiations-viz., the trade in cloth, the coinage, and especially the herring fishery. In a minatory 191 speech he declared that the king, who had "a legitimate title and the exclusive sovereign right and propriety to the fishery on the coasts of his three kingdoms," would not any longer permit the su

rted Barnevelt, the king's enemy. Above all, it was feared that the Protestants throughout the world would be unable to understand how the king could attack the Dutch at that critical time over so small a matter. On the whole, "for the sake of the peace of Christendom," it might be better to "continue" the question to another time, and thus avoid an immediate rupture. The faltering in the Council coincided with a humbler tone on the part of the Dutch 192 ambassadors. They strove to convince James that it was by no means the desire of the States to refuse to treat of the fishery, or absolutely to deny his right to regulate it on his own coasts. All they asked was that the matter might be delayed a little owing to the religious

h was the principal cause of the complaints from Scotland.363 The distance mentioned was that embodied in the Draft Treaty of union in 1604, and was supposed to be equivalent to a "land-kenning."364 193 Carleton, however, thought the States would not immediately agree to this,-their cumbersome system of government would alone cause great delay,-and he counselled the king "to begin with the fishers themselves," by publishing a proclamation fixing the distance at which t

island, and they proposed three alternatives: (1) that both nations should fish at Spitzbergen with an equal number of ships, the bays to be divided by drawing lots;368 (2) that fishing should be carried on by both parties everywhere with an equal number of ships of equal size, disputes to be settled by regulations; (3) that the island should be divided by an imaginary line into two equal parts, the Dutch to have one part and the English the other. The English declined all these proposals, and James informe

James Brown was instructed to accompany him as notary.371 Fenton's commission, under the 195 great seal, commanded him to repair to the north seas, and there "in his Majesty's name to ask, crave, receive, intromit with, and uplift from those of Holland, Zealand, Hamburg, Embden, and Rostock, and from all other strangers following the trade of fishing in his Majesty's said seas this present year, his Majesty's rent of assize and teind of the whole fishes taken, or to be taken by them in his Majesty's said seas and waters this present year." The tribute levied by John Brown, in 1616, on behalf of the Duke of Lennox, amounted to only one angel (about ten shillings) or a barrel of herrings from each buss, or twelve cod from a line-boat. But that claimed by the king was now considerably greater. The "assize" was to be computed at ten thousand herrings (which would be fully ten barrels) for every buss that fished for herrings, and a last of white fish for every buss that fished for white fish, th

and state. This having been done, he was "in fair and gentle terms and with modesty and discretion" to demand from the admirals or vice-admirals, and from two or three of the convoyers and busses of each state, "his Majesty's rent of assize and teind" as specified. He was not to dispute with them as to the amount of the duty. If they offered a smaller amount, "although it were only an angel for every buss," he was to accept it, but not less; so also if he were offered fish instead of money. It was left to his discretion

ome few bullets ansuerable thairto, and a litill quantitie of poulder, yf ony be within the schip."375 Orders were given for the manning of the vessel, which was to be ready to sail before 1st July. It was with this scrimp and penurious armament, and in this attorney-like manner, that James prepared to obtain an acknowledgment from the Dutch of his rights in his seas, whereas Charles I., as we shall see, employed his great ship-money fleet for the same purpose. But apparently the king would be almost as sa

and they continued to procrastinate, alleging the unsettled state of their affairs at home and the troubles in Bohemia and Germany as reasons for further delay. Some prominent men in Holland indeed began now to assume a firmer tone. Hints were thrown out to the British ambassador that there was really little difference between forcing on the matter and declaring war, since freedom of fishing was of fundamental importance to

rmany was by itself inimical to the United Provinces, and the sense of danger was intensified when it was found that the occupation of the Lower Palatinate was part of a plan for marching the Catholic troops overland from Lombardy to the Spanish Netherlands. In view of an impending conflict with their hereditary enemies, it became a matter of grave anxiety to the States to retain the goodwill of England. Accordingly, after many discussions, the States-General at the end of 1620 appointed another embassy to go to London; but it was rather with the view of meeting the political dangers with which they were threatened than of dealing effectually with the subjects in dispute. The ambassadors' official instructions, which were most carefully considered, ref

t it might be allowed to rest for a time, pleading in particular that the expiry of the truce with Spain would leave them face to face with a powerful foe. The Council reminded them of the promise given, and James bluntly expressed the hope that they had come on this occasion fully empowered to treat of the business of the fishery, which had been suspended at the conferences two years before. While disclaiming any wish to diminish their legitimate profits from the fishery, he warned them that the questi

d not yet elapsed a little further delay might be granted; laying stress on the danger to the Protestant cause, in view of the relations with Spain, if anything were done to lessen the sea-power of the Netherlands, which depended so much on their fisheries. At this time the East Indian question had become important and pressing in England, and the early conferences were confined to it. But later the king broached the subject of the herring-fishing; and after listening to the ambassadors for a while, he peevishly asked them to make an end of their long harangue, called them leeches and blood-suckers, who sucked the blood from his subjects and tried to ruin him,380 and then treated them to the same sort of disquisition as on former occasions. To th

o Madrid to woo the Infanta: it would be prudent to do all that could reasonably be done to cultivate good relations with England. The States therefore wrote to Sir Noel Caron telling him they had resolved to take the fishery matter into serious consideration, and their efforts were directed to the removal of all cause of complaint in Scotland. Two edicts had already been issued-one, in 1618, prohibiting any wrong from being committed on Scottish subjects; the other, in 1620, ordering their fishermen to refrain from taking herrings within the rocks and reefs of Shetland, Ireland, and Norway, on the ground that such herrings wer

y sustained owing to the English and the "Fleymings," who had lately taken up the "trade of fishing" in the North and West Isles, by which was probably meant the curing of herrings and other fish. The Council accordingly ordained that the Islesmen should "suffer no strangers to come within their 202 b

built at a cost not exceeding ￡10,000, explaining, after the usual manner, how the return from the first year's fishing would repay the whole of that sum and encourage "all men" to adventure. The city merchants, one of whom was Sir William Cockaine, were loud in their praises of the scheme,-"it was the best work for the public and the most profitable that the wit of man could imagine,"-but as for the money required, they were afraid that it could not be raised. Then the promoters asked the Lord Mayor to propound the plan to the Court

nefit, with power to employ their idle inhabitants in manning them. For the security of the fishing fleet the king was to provide twenty ships of war, five of which were to belong to the royal navy, and they were to continue at sea from the beginning of April till the end of September. To meet the cost of this guard the king was to receive the tenth fish ta

ea without fear of English interference. James's policy of the assize-herring had thus completely failed. All his efforts to induce or to force the Netherlands' fishermen to acknowledge his right were baffled by the superior diplomacy of the States,-their "artificial delays, pretences, shifts, dilatory addresses, and evasive answers." The on

rigorously than under the Great Queen. "I myself remember," said Raleigh a few years before his execution, "when one ship of her Majesty's would have made forty Hollanders strike sail and come to anchor. They did not then dispute de mari libero, but readily acknowledged the English to be domini mavis Britannici

of M. de Vic, the Vice-Admiral of France. The English captain observed with displeasure that the French vessel bore the arms of France at his top, "contrary to the custom of the narrow seas"; but on account of the important personage on board and the nature of his mission, he restrained himself from challenging the "indignity" until they approached Dover Road. Unable to brook the affront any longer, he fired at the French ship, and so "constrained her

gative in the narrow seas. Instead of firing upon the Dutch ship, he sent to invite the admiral to dinner, and to tell him that he must take in his flag. To this request the admiral demurred, saying that he had struck it thrice, and that no former admirals of the narrow seas had required more at his hands. Monson rejoined that "times were altered"; that when the mere striking of the flag as he had done was sufficient, England and Holland were both at war with Spain and it was tolerated; but now, since the war was ended so far as England was concerned, his Majesty required "such rights and duties as have formerly belonged to his progenitors." On the Dutch admiral still refusing, Monson thre

r their sails on meeting a ship of war in seas under the dominion of the state to which the latter belonged,391 but the ceremony only attained to international notoriety in connection with the claims of England to the sovereignty of the narrow seas. The practice varied at different times. Generally speaking, by the custom of the narrow seas as interpreted in this country, any foreign man-of-war meeting with an English man-of-war in those seas had to take in her flag and strike her top-sails as soon as she came within sight or within range of the English guns, and she had to keep in the flag until she had passed out of range. A merchant vessel had to strike in the same way. Further, no vessel in the narrow seas was to pass to windward of an English ship of war, but must "come by the lee"; the inferior had to make way for the superior.392 In an English port or 207 road no foreign ship or English merchant vessel could wear her flag in the presence of a king's ship. This custom was

in which Captain Pennington commands as admiral of those seas," to take in his flag, and to "continue it furled whilst in sight of that ship, it being an ancient honour and privilege belonging only to that admiral to carry the flag in the maintop in those seas."393 Monson also tells us, in referring to the decision of the Lord High Admiral in Gondomar's case, above alluded to, that every ship of the king's serving under an admiral could not demand the striking of the flag when out of sight of the admiral; but the foreign ship, "be he admiral or no, is to strike his top-sail and hoist it again, to any one ship of the king's that shall meet him." He further states that any foreign ship or fleet arriving in an English port, or passing by a fort or castle, had to take in their flag three times, and advance it again, unless the English admiral's ship was in the same harbour, in which case they were to keep it in so long as the admiral was present; "but if any other ship of his Majesty's be there