Part 9

The negotiations, however, were doomed to take a very different direction from what had been intended. On April 5 the Secretaries of State, Windebank and Coke, came to Van Beveren with a communication from the King. It was to the effect that Charles was preparing to send out a fleet 'to preserve and maintain his sovereignty and hereditary rights over the sea, and for the preservation and protection of commerce', and the Dutch envoy was informed that no one would in future be allowed 'to fish in the King's seas without express licence and suitable acknowledgement.' So long a time had elapsed since the last attempt at interference with the Dutch fishing that all mention of it had been omitted from the instructions of Van Beveren; it was hoped, indeed, that the question would not be revived. On Van Beveren expressing his astonishment at this sudden change of policy, and asking for the reasons which had prompted it, he was referred to the recently published _Mare Clausum seu Dominium Maris_, by John Selden, in which he would find a complete exposition of the King's rights and of the object he had in asserting them. This famous work, written originally, as the author himself tells us, at the command of James I, to establish the claims of the King to the exclusive sovereignty of the British seas, had for some years remained unprinted. The attention of Charles having been drawn to it, he read it carefully, and immediately commanded its publication. Its appearance in December, 1635, had thus an official character, for its principles and policy were henceforth adopted by Charles, as matters demonstrated by irrefutable proofs, and they were endorsed by English public opinion wherever Selden's treatise, which rapidly passed through two editions, was read.

Van Beveren, seriously disturbed, at once wrote home for further instructions, and his fears were not allayed when at an audience, April 15, the King declined the proffered alliance, and expressed his wish for a discussion of the question of maritime rights. His dispatch at this very time of Thomas Howard, Earl of Arundel, on a special mission to Vienna, showed indeed that he still trusted to the result of direct negotiations with the Emperor. Arundel had to pass through Holland, where his presence on such an errand warned the Dutch that the attitude of Charles was anything but friendly, and that grave dangers might be threatening them. In these circumstances the States-General, leaving Van Beveren to continue his negotiations in England, summoned Joachimi to the Hague to consult with them as to the course it was best to take should Charles persist in his purpose. They had need of his advice, for May 10/20, 1636, a proclamation was issued by the King--'for restraint of Fishing upon His Majesty's Seas and Coasts without licence'--which plainly stated the King's intention 'to keepe such a competent strength of shipping upon Our Seas, as may by God's Blessing be sufficient, both to hinder further encroachments on Our Regalities, and assist and protect those our good Friends and Allies, who shall, henceforth, by vertue of Our Licences (to be first obtained) endeavour to take the benefit of Fishing upon our Coasts and Seas, in the places accustomed.'[38]

[38] See note G.

For some weeks no steps were taken to enforce the proclamation, but on July 20 news reached Van Beveren that an English fleet of fifteen vessels was ready to sail to the fishing-grounds with orders to seize as prizes any boats that refused to pay the toll. To plead for delay was the only course open to the Dutch envoy. He had an interview with the King in person at Windsor, July 27, but was able to effect nothing. Charles assured him that the object of the fleet, so far from being hostile, was intended for the protection of the fisher-folk especially against the Dunkirk pirates (from whose daring attacks they had as a matter of fact suffered much during the past few years), and that the payment of a small toll was but a recognition of the benefit they would receive. With this doubtful assurance he had perforce to rest content. On July 31 twelve ships under Vice-Admiral Pennington actually sailed northwards, and compelled the fishermen that they encountered--most of the boats had already returned home, it being late in the season--to pay the toll. No opposition was made. One of the captains of the Dutch guard-ships had, however, in consequence of his protest against these proceedings, been taken prisoner.

The Dutch Government on hearing this news took decided action. Joachimi was ordered at once to return to England, and as soon as possible to seek an audience with the King. Armed with instructions, Joachimi accordingly left Holland, August 18, convoyed by a fleet under Lieutenant-Admiral Van Dorp. He landed at Southwold, and finding that Charles was at Woodstock he made his way at once to that place. The interview took place September 3.

In accordance with his instructions the ambassador expressed their High Mightinesses astonishment that an Armada should have appeared in the midst 'of the poor fishers and herring-catchers of these lands', and had seized one of the captains of the guard-ships and caused such terror among the fisher-folk that the larger part of them had fled and dared no longer pursue their avocation. His Majesty was courteously requested to withdraw his demand for a licence and to allow the fishers to ply their trade as heretofore, and it was proposed that a conference should be held to consider the fishery question in its entirety. Joachimi did not neglect the opportunity of pointing out how closely the questions of the fisheries and of the Palatinate hung together. Charles was unmoved by these representations, and finally, September 9, declined the proposal of a conference. 'There could be no debating', he said, 'about his Majesty's rights already confirmed publickly before all the world'. The recognition of his rights was a condition which must precede negotiation. After discussion with Van Beveren, seeing that the situation was serious, Joachimi determined to return to the Hague. His start was, however, delayed by various causes, and he did not make his appearance before the States-General until November 22.

Meanwhile the aspect of affairs had not improved. Admiral Van Dorp, who had in the middle of August convoyed Joachimi to England, also had his instructions. He was first to sail with his fleet to the fishing grounds to prevent any injury being done to the fishermen. This accomplished, he was to blockade Dunkirk, and to destroy any privateers or Spanish ships cruising in the Channel. His orders were strict, that he was not to allow his ships to be visited or searched, and during his blockade of Dunkirk he was to keep a watchful eye upon the fisheries of the land and to protect them against the Spaniards or any others who should wish to molest them. These instructions were in fact a direct reply and challenge to the proclamation of King Charles.

The Dutch herring fleet having recovered from their alarm had ventured out, as was their custom, about the middle of September, to the English coasts for a second catch of fish. The Earl of Northumberland had been charged with the collection of the toll from them. He had, however, at this time but three ships with him, and learning that a Dutch squadron of sixteen sail was near at hand he promptly sent for reinforcements. In response, twelve vessels were dispatched from the Thames, October 8. Actual hostilities, however, did not take place. One large detachment of 'busses', not having a sufficient convoy, was made to pay, the rest were left unmolested. The English commander finding himself in the presence of thirteen Dutch war-ships did not venture to attack them. Both sides showed in fact more caution than aggressiveness. The authorities in Holland, however, did not approve Van Dorp's attitude and conduct, and he was requested to resign his command.

The course of events was fortunately to relieve a strain that was rapidly approaching the breaking point. Charles's negotiations with the Emperor had led to no satisfactory result. It was at last made clear to him that by this means there was no hope of obtaining a restoration of the Palatinate. Van Beveren seized the opportunity of placing himself in communication with Charles Lewis, at this time residing in London, with the hope of securing through his aid a better understanding between England and the States. Charles Lewis was only too willing in his own interests to act as intermediatory, and his influence with his uncle was great. His mother, the Queen of Bohemia, was at this time writing pressing letters to her brother begging for his active intervention, and it was urged upon King Charles that the assistance of the Dutch army and navy would be far more valuable to him than any sum of money that could be extracted in the shape of toll from the fisher fleet. On the point of the toll the King showed himself not unwilling to yield, but not one inch would he concede of his claims to the undisputed sovereignty of the sea. If he withdrew his proclamation and allowed the Dutch, as heretofore, freedom of fishing without licence, it would be in compensation for services rendered in the cause of the Palatinate, not as a right based upon ancient treaties and long usage. The Dutch, on the other hand, were keenly alive to all that was involved in any admission of such a dominion of the sea as that claimed by the English King, and were determined not to grant it. On Charles's side, however, financial difficulties at this time rendered any straightforward course impracticable. The King had not the means to fit out an expedition for the help of his nephew, and he hovered hither and thither between divergent policies in the vain hope that without recourse to a Parliament he could find some way of furthering the cause of Charles Lewis, without involving himself in an outlay that he was unable to meet. Scheme after scheme floated before his mind, all of them equally visionary when confronted with the stern realities of impecuniousness. From Ferdinand and Philip he turned to Richelieu. The French armies were advancing in Lorraine and Elsass, and were co-operating with the Dutch in the Netherlands, and with the Swedes and their Protestant allies in Germany. For awhile it appeared as if Richelieu were inclined to an English alliance. In February and March, 1637, a treaty was indeed actually drawn up. It is strongly suspected, however, that the Cardinal was never in real earnest, and only wished to amuse the English King with negotiations, and thus at any rate keep him back from purchasing Spain's goodwill on the Rhine by an offer to take part in a joint naval attack upon the United Provinces. Charles was quite aware of the solidarity of the bond which united France and the States, and that a French alliance implied friendly relations with the Dutch. On February 13 therefore he sent the Secretary of State, Coke, to Van Beveren, who was still in London, to reopen direct negotiations. It was now proposed that there should be a combined Anglo-Dutch naval expedition in which a French squadron should be invited to participate, which, after driving the Spanish fleets from the sea, should effect a landing in the Peninsula and dictate terms to Philip IV. Meanwhile the King expressed his willingness to allow the Dutch fishermen to pursue their industry along the coasts of his kingdoms freely and without hindrance. During the following season the English fleet would blockade the Flemish ports, but would not appear on the fishing grounds nor make any demands for licences. But with this latter concession the States were not satisfied. Such an act of toleration implied that Charles maintained to the full his claim to the undisputed sovereignty of the sea. He would not during the time of the allied operations press his rights to issue licences and exact toll, he only waived them as a favour. Further than this he could not go. On the question of the _dominium maris_, despite the earnest entreaties of Charles Lewis, he refused any compromise. But on the other side there was no less obstinacy. The Prince of Orange himself wrote (March 1) to Van Beveren, that he was on no account to commit himself or assent to any terms unless the proclamation concerning the fishing licences was first withdrawn. With France the negotiations for an alliance appeared to be proceeding smoothly, the treaty lay ready for signature, and on March 4 Charles sent full powers to his ambassador at Paris to conclude the matter. On the 23rd came the news that difficulties had arisen, and that France also required that the proclamation should be withdrawn, at least during the period of the treaty. But Charles, though the negotiations still dragged on, absolutely declined to discuss a question which concerned his rights and honour, and so he now once more lent a not unwilling ear to the tempting offers made to him by the Spanish ambassador. Spain was willing in return for an offensive and defensive alliance against the United Provinces to recognize the King's sovereign rights on the seas, and to hand over at once the Lower Palatinate. They even went so far as to promise the surrender of certain towns in Flanders as pledges for the ultimate restitution of the Upper Palatinate and the electoral dignity to Charles Lewis. It is extremely doubtful whether these proposals were serious, in any case they were not seriously entertained.

The mere prospect of an Anglo-Spanish agreement had, however, the effect which Charles probably intended it to have in making the French and Dutch more conciliatory. Negotiations were resumed, and the fishery question by mutual consent was relegated to the background. It was finally arranged that a conference should be held at Hamburg at the end of June to settle the terms of a quadruple alliance between France, England, the United Provinces, and Sweden. Terms of peace were to be laid before the Emperor by the four powers conjointly. In case of their rejection the King of England was to declare war against Austria and Spain. Everything now seemed to be working smoothly, and no one doubted that the conference would meet and that its issue would be favourable. The Dutch fishermen had not been interfered with, and such was the confidence in the States that England had now finally thrown in her lot with the coalition against the house of Austria, that instructions were sent to Van Beveren to return home where his presence was required.

Nevertheless the Dutch after his recall did not show any eagerness to proceed. Reflection made them doubtful about Charles's bona fides. They misliked the high pretensions of the English to the sovereignty of the seas, for in his insistence on this point the King was but voicing the sentiment of his people. It was becoming a really grave issue of practical politics. With astonishment the Dutch learnt that Charles had even given a patent granting exclusive rights of fishing off the shores of Newfoundland, and had forbidden foreigners to fish in those waters without his licence, April, 1637. If he claimed the right to do this, where was the line to be drawn? Under pressure from their French allies, Charles van Cracauw, the ambassador of the States in Denmark, was at length appointed to represent the United Provinces at the Hamburg Conference, but his instructions were not drawn up, and he continued to reside for some time longer in Copenhagen. Throughout the whole of 1637 the Dutch could not be moved to take any further steps in the matter. In the letters of Hugo Grotius (at this time Swedish resident ambassador at Paris) to the Chancellor Axel Oxenstierna many interesting references are made to the attitude of the States, and it must be remembered that Grotius not only had access to the best sources of information, but had an unrivalled acquaintance with the question which was uppermost in the minds of all Dutch statesmen, the freedom of the sea and of the fisheries. On June 4, the very day after the nomination of Cracauw as delegate for the conference, Grotius writes:--

'The ambassador of the States in England informs me that the Spaniards there have great power--that they wish that the restitution of the Palatinate should be regarded as a certain thing; that they promise aid for the safeguarding of the possession of the sea against the Dutch. Would that these things were not true! The same adds that proposals were made by the Spaniards that after the death of this Bavarian the electoral law should be altered, conditions were even offered by the Spaniard to the English, if they could be dragged into war against the Dutch Republic, which however I do not fear. For I see that the action of the English is principally directed to the aim of having their commerce into all nations free and to deprive others of theirs. The Dutch had formed a hope that the contest about the fishery would this year be at rest; but I see that the English envoys, who are here [at Paris] hold that for uncertain.'

A fortnight later (June 18) occurs the following passage:--

'After I had written this there came to me the English Envoy Extraordinary, Lord Leicester.... He says, that Northumberland (to whom he is nearly related) is again about to disturb the Dutch in their liberty of using the sea, unless the Dutch purchase it by great services to the Palatine house and by declarations not injurious to English rights. I, restraining myself from a definite declaration about the controversy, have been content to demonstrate, how necessary liberty of fishing was to that Republic and how necessary the Republic itself to the security of all Europe.[39]

[39] _Rikskansleren Axel Oxenstierna's Skrifter och Brefvexling, Hugo Grotii bref_, ii. 1633-9, pp. 335-58.

Such being the feelings and the relations subsisting between the two countries, it can excite no astonishment that the States were exceedingly cautious before committing themselves to an alliance, which might entail further sacrifice upon them, and tie their hands in a matter of primary importance to their welfare. According to Grotius, proposals were made for holding the conference at the Hague instead of Hamburg, in order to make sure of Dutch co-operation. But they came to nothing. Charles, however, in the spring of 1638 appears to have been really in earnest. Again and again the English Resident at the Hague appeared before the States-General to urge them to send a representative to the conference. Not, however, until fresh pressure had been put upon them in the name of France and Sweden by the French ambassador, D'Estampes, were definite orders sent to Van Cracauw to go to Hamburg, April 8. Even now he did not have any powers given to him to negotiate as plenipotentiary, but was required to refer all matters to the States-General for their decision. Already, on March 4, a new treaty had been concluded between France and Sweden for the joint prosecution of the war, but the quadruple alliance was never accomplished. Difficulties and intrigues prevented the ratification either of the Anglo-French or Anglo-Swedish Treaties, and the States were more than half-hearted in the business. The ill success of the young Elector Palatine, who had taken the field in the spring of this year at the head of a force raised by the help of his uncle Charles I, virtually brought the conference to an end. Charles Lewis's army was completely defeated at Lemco on October 8. Differences, which had been for some little time endangering the friendly relations of England and France, now came to a head.[40] The representatives of the powers gathered at Hamburg, only to disperse without result. The long drawn out negotiations gave birth to nothing but sterile discussions. The outbreak, indeed, of the troubles in Scotland regarding 'Laud's Liturgy', and the resistance that was being offered to the collection of ship-money, effectually crippled Charles's efforts on behalf of his nephew in Germany. Richelieu no longer saw any advantage in tying his hands by entering into an alliance which promised so little. He preferred therefore to cut himself adrift from the English connexion, and to trust to his alliances with Sweden and the United Provinces[41] for pushing on the war vigorously. It was not for Protestantism that he was fighting, but for the aggrandizement of France at the cost of the House of Habsburg.

[40] _Grotii bref_, April 9, 1639, p. 595, 'video cum dolore inter Anglos et Gallos veteres recrudescere inimicitias.'

[41] _Grotii bref_, April 23, 1639, p. 602, 'Haud equidem affirmaverim, quod suspicantur Angli, Gallicis pecuniis sustentari Scoticam factionem pauperiorem ceteroqui quam ut bello diu sufficiat. Creduntur autem id facere Galli, non tantum ex aemulatu vetere, verum etiam quod cum Batavi nunc consilia socient ad capienda Flandriae oppida maritima, quod cum solus prohibere possit Anglus, domestico ob id negotio distinendus sit.'

This failure of his efforts to bring about, in conjunction with France, a coalition of the Protestant powers for the reconquest of the Palatinate and the restoration of his nephew to his electoral dignity and possessions, made Charles turn his eyes once more to Spain. The presence at the English Court of Mary de Medicis and the Duchess de Chevreuse in 1638 gave fresh life to that party, who had always favoured a Spanish alliance. The news that the Spaniards were making great preparations for a determined attack upon the United Provinces led the King to hope that, despite previous disappointments, he might be able to forward by friendly negotiations with Spain the cause of Charles Lewis. The help of the English fleet could not but be serviceable to a Spanish naval expedition, and possibly Charles had visions of being able to attain through this means that undisputed sovereignty of the British seas which, since the publication of Selden's book, he had set before himself, as we have seen, as one of the chief and unchangeable objects of his policy, and at the same time, perhaps, the pecuniary assistance he so much needed for the suppression of the Scottish rebellion against his authority. With characteristic uncertainty and wavering, however, while negotiating with Spain, the King did not cease his endeavours to gain French support for his nephew. The Spanish preparations caused uneasiness in Paris, as well as at the Hague, and the English fleet was an asset not to be despised in the event of a Spanish armada threatening to dominate the Channel. The death of Duke Bernhard of Saxe-Weimar in July, 1639, left the powerful force of mercenaries which he had commanded without a leader. Charles wished to buy their services for the Elector Palatine, but he could only do this through the good offices of Richelieu, who was already offering good terms to the 'Bernardines' to enter the French service. A treaty between the French Government and the chief officers of the 'Bernardine' army was in fact on the point of being concluded, when Charles Lewis made his appearance at the head-quarters with a supply of English money and tried to induce the leaders to place themselves under his command, as an independent force. The result was his immediate arrest by Richelieu's command, October, 1639. He was imprisoned at Vincennes for several months. This act was a final breach of good relations between France and England.