CHAPTER V.

THE INADEQUACY OF THE THREE-MILE LIMIT FOR FISHERY REGULATIONS.

The recommendation of the International Law Association and of the French Institute that the territorial waters should be extended to six miles from the shore, or double the width usually enforced, was avowedly made, as we have seen, chiefly in the interests of the sea fisheries; and it may be presumed from the opinions of the majority of accredited writers on the law of nations, as reviewed in these pages, that it is open to any Power so to extend its territorial sea, except in so far as such extension may be opposed to the provisions of treaties with any other Power or Powers. It is undoubtedly the case that in by far the greater number of instances in which the limits of territorial waters, or the rights of the bordering state in the adjacent sea, have been disputed, or have come under discussion, between one nation and another, it was the right of fishery that was at issue. From the reign of James I. this has been the case, and it has been exhibited on all coasts, and in almost all countries. How replete our history is with such disputes may be gathered from foregoing chapters, while nearly all recent international treaties in which limits in the neighbouring sea are dealt with have been concerned with fishery questions. The numerous treaties and agreements with the United States and France respecting the vexed rights of fishing on the coasts of British North America, the North Sea conventions in Europe, and the various other agreements between European Powers, as between Spain and Portugal, Austria and Italy, Denmark and Sweden, Denmark and Germany, Great Britain and France, Belgium and Germany, and with Denmark concerning Iceland, are instances in point. The fishery interest is thus the determining interest, and the one which has made these various conventions desirable.

There appears to be little doubt that, in many cases at least, the three-mile boundary which has been commonly fixed in the fishery conventions is inadequate from the point of view of the fisheries, and this is the opinion of most of the experts and authorities, as is explained below. It must not be forgotten that the three-mile limit was selected, not on any grounds special to fisheries, but because it had been already recognised and put into force in connection with the rights of neutrals and belligerents in time of war, as representing the approximate range of guns at the time. It is in reality a product of the maritime wars in the latter part of the eighteenth and the beginning of the nineteenth century, and its application to the right of fishing is accidental and arbitrary. The boundaries which were formerly proposed as limiting the right to exclusive fishery, independently of any question of the rights of neutrals or the range of cannon, were invariably greater than three miles. The range of vision was employed in Scotland and on the English coast later; its equivalent of fourteen miles was embodied in the Draft Treaty of Union between England and Scotland in 1604, and was proposed again in 1618; and Sir Philip Meadows, the most able opponent of extravagant claims to maritime sovereignty, favoured a similar distance in 1689. Limits of eight miles and ten miles to be enforced against foreigners were fixed in the Fishery Bill passed by the House of Commons in 1660, while as late as 1824 and 1827 the Dutch Government decreed a limit of six miles for their fishermen on the British coasts. We have seen, too, that the wider extent of sea in which rights of exclusive fishery are claimed by the Scandinavian and Iberian states exists in great measure because those Powers established their limit without reference to Bynkershoek’s doctrine, and before indeed it became prevalent.

The same need of a wider limit is shown in the municipal legislation of many countries, which was specially designed with the object of preserving sea fisheries, as well as in certain international agreements. There are two classes of sea fisheries which have received special treatment beyond the ordinary limits of territorial waters, and both on the same principle--viz., that the action of man, if unrestrained, would lead to their destruction and economic extinction. They are those for marine mammals, as seals and cetaceans, and for certain shell-fishes and coral. A considerable number of countries have legislated for the preservation of seals, and some of the enactments at least apply beyond the ordinary limits. Examples may be found in the Canadian statute of 1886,[1274] which refers also to whales and porpoises; the Russian law dealing with the sealing industry in the White Sea; the Norwegian law fixing a close-time for whales in the Varangerfjord; and the concurrent international legislation of Great Britain, Sweden, Norway, Russia, Germany, and Holland concerning the Jan Mayen seal fishery in the Atlantic east of Greenland.[1275] A recent instance is afforded by the regulations which were prescribed for British and American citizens and subjects by the Tribunal of Arbitration for the purpose of protecting and preserving the fur-seal in Behring Sea. By these regulations the killing, capture, or pursuit of this animal was forbidden within a zone of sixty geographical miles around the Pribilov Islands, comprising about 15,000 square miles of sea; a close-time was fixed between 1st May and 31st July on the high sea within an immense area--viz., north of 35 degrees North latitude and eastwards of 180 degrees West longitude; only specially licensed sailing vessels, with canoes or undecked boats propelled by paddles, oars, or sails, were at liberty to carry on fur-sealing operations where and when the fishing was allowed; the use of nets, firearms, and explosives was forbidden, except shot-guns outside of Behring Sea, and some minor conditions were laid down.[1276]

Another instance is the agreements entered into between Russia on the one hand and Great Britain and the United States on the other, by which a zone of ten marine miles on all the Russian coasts of Behring Sea and the North Pacific Ocean, and a zone of thirty marine miles round the Commander Islands and Robben Island, were closed to sealing for the fur-seal.[1277]

The other class of fisheries referred to, for sedentary animals connected with the bottom, such as oysters, pearl-oysters, and coral, which are found in shallow water, as a rule, and usually near the coast, have always been considered as on a different footing from fisheries for floating fish. They may be very valuable, are generally restricted in extent, and are admittedly capable of being exhausted or destroyed; and they are looked upon rather as belonging to the soil or bed of the sea than to the sea itself. This is recognised in municipal law, and international law also recognises in certain cases a claim to such fisheries when they extend along the soil under the sea beyond the ordinary territorial limit. Cases in point are the pearl-fisheries on the banks in the Gulf of Manar, Ceylon, which extend from six to twenty-one miles from the coast, and are subject to a colonial Act of 1811, which authorises the seizure and condemnation of any boat found within the limits of the pearl-banks, or hovering near them: boats or vessels navigating the inner passage are prohibited from hovering or anchoring in water deeper than four fathoms, and those navigating the outer passage from hovering or anchoring within twelve fathoms. These pearl-fisheries are very valuable, and have been treated from time immemorial by the successive rulers of the island as subjects of property and jurisdiction; and the laws referred to apply also to foreigners. Another case is the pearl-fisheries in Australia. In Western Australia certain Acts are applied far beyond the three-mile limit, though apparently only against British subjects,[1278] and a similar Act, of 1888, applied in Queensland to extra-territorial waters west of Torres Strait. The pearl-fisheries of Mexico and Columbia are also subject to regulation beyond the ordinary three-mile limit. Examples of extra-territorial jurisdiction over beds of the common edible oyster are to be found in the British conventions with France in 1839 and 1867, by which the Bay of Granville was reserved to France (see p. 612), and in the last of these conventions (Article ix.) a close-time was provided in the English Channel; and likewise in the proceedings concerning the Arklow and Wexford banks, off the Irish coast (see p. 621). Coral-beds in the Mediterranean, off the coasts of Algeria, Sardinia, and Sicily, are in a similar way regulated by Italian and French laws beyond the ordinary three-mile limit.

Even in regard to the class of fisheries for what is termed “floating” fish--that is to say, the ordinary fisheries for sea fishes, carried on usually by nets and lines--there are a number of enactments conferring jurisdiction, or which have conferred jurisdiction, beyond the distance of three miles from shore. Old English and British Acts, previously referred to (p. 608), fixed limits of four-and-a-half and five miles from the coast, within which distance the use of certain apparatus, as drag-nets and trawls, was prohibited. In the Herring Fishery Act of 1808, which provided for the appointment of commissioners for the herring fishery, and for the regulation of the fishery and the curing of herrings, jurisdiction was extended over “all persons” engaged in catching, curing, and dealing in fish in all the lochs, bays, and arms of the sea, and also within ten miles of the coasts.[1279] At the Isle of Man an Act of Tynwald prohibited herring-fishing at a certain season within nine miles of the shore,[1280] and other instances might be given where municipal Acts extended jurisdiction beyond the ordinary three-mile limit for similar purposes.

It is, however, in connection with the great development of trawl-fishing from steamers in recent years, that the question of the inadequacy of the ordinary three-mile limit for the preservation and regulation of fisheries has been brought to the front, and it is around this method of fishing that most of the controversies affecting the territorial waters, at least in Europe, have gathered.[1281] It is therefore necessary to understand something about it, and how it is that it has given rise to demands for the extension of the ordinary limits and for the closure of large areas beyond these limits. It is the most effective and at the same time the most destructive method of fishing ever made use of. It differs from hook-and-line fishing, in which only a few kinds of fish are taken at the same time, according to the size of the hook and the kind of bait, and from gill-net or drift-net fishing, which is adapted, according to the dimensions of the mesh, to capture a particular fish, as herring or mackerel. Trawling consists essentially in dragging along the bottom of the sea a great bag of netting, which captures a large variety of fishes, big and little; and it may involve, at certain places and in certain seasons, the destruction of immense quantities of edible fishes too small to be marketable, and which are thrown back, dead, into the sea.[1282] It is a very old method, but until about a century ago it was confined on the British coast to the mouth of the Thames and neighbourhood and to certain localities in the Channel, its headquarters being Barking and Brixham. Trawling was then restricted to shallow water; the boats were small and the trawls were such as a man could carry on his shoulders. At the close of the French war, Brixham trawlers began to migrate eastwards, prospecting for new grounds, fixing their temporary headquarters first at Dover, then at Ramsgate in 1818, and at Harwich in 1828. Continuing their explorations, the Dutch coast was visited about 1830 and the southern part of the Dogger Bank a few years later, and in 1837 a great impetus was given to trawling by the discovery of enormous quantities of soles in the Great Silver Pit, south of the Dogger. Trawlers flocked thither from all quarters; the Brixham men fixed upon Hull, first as their temporary, and then as their permanent home, and from this time North Sea trawling was firmly established. It was not until 1858, little more than half a century ago, that trawlers began to be employed from Grimsby, which is now by far the greatest fishing-port in the world. Gradually the enlarging fleets of trawlers pushed northwards and eastwards as new grounds were discovered. By 1860 the whole of the Dutch coast and the coast of Schleswig was frequented; ten years later the Danish coast was included, and, for the first time, the whole of the Dogger Bank, as well as large areas north and west of it, off the coast of England and Scotland. About 1875 the Great Fisher Bank, which lies about 200 miles east of the Scottish coast, began to be visited, and in 1891 the English trawlers boldly pushed on to Iceland, where enormous catches of fish were obtained.

During this period, while the fishing-grounds were being vastly extended, great improvements were made in the means of catching the fish and bringing them to market. The trawling vessels gradually increased in numbers, size, speed, and storage capacity; the trawl-net grew larger and more efficient; the use of ice for the preservation of the fish enabled distant grounds to be visited, and the deeper waters of the north necessitated the substitution of steam-power for hand-labour in hauling the nets on board; the “fleeting” system, by which steam-carriers collected the fish each morning and brought them rapidly to market, allowed the fleets of sailing smacks to remain on the grounds constantly fishing for many weeks at a time. Then the industry was revolutionised by the substitution of steam vessels for the sailing smacks, a change which began about 1878; and trawling, which was at first a summer occupation owing to the frailty of the boats, and then a winter pursuit, as plenty of wind was required to drag the heavier nets, became independent of the season, and almost of the weather. A further improvement was the introduction in 1895 of the otter-trawl instead of the unwieldy beam-trawl, the mouth of the net being kept open by the divergence of two boards, one at each side, on the principle of the kite. This allowed the net to be made very much larger, and also to be used in much deeper water, and commercial trawling is now carried on in depths down to about 200 fathoms.

There has thus occurred during the last generation or so an enormous development in the extent and efficiency of trawl-fishing. The British fleet since about 1885 has grown from some 200 small vessels, of twenty to twenty-four tons, and using trawls of from twenty to thirty feet beam, to an aggregate of 3170 vessels in 1907, of which 1609 were steamers and 918 deep-sea sailing smacks.[1283] These figures, however, convey but little impression of the real increase in the catching power. It has been computed, both by practical men and by scientific experts, that the modern steam otter-trawler is approximately eight times more effective in catching fish than was one of the large sailing smacks of a generation ago,[1284] and thus the British deep-sea trawling fleet in 1907 was equal to about 13,790 of the older sailing smacks. But in addition to these there are the foreign steam-trawlers which fish on the same grounds, for many other countries have followed the English example in developing deep-sea trawling. The aggregate number of such vessels at the end of 1907 was about 634, of which 224 were French, 239 German, and 81 Dutch;[1285] and they would represent 5072 sailing smacks, so that the total trawling fleet of Western Europe was then equal to about 18,862 of the sailing trawlers of twenty or thirty years ago, the sailing trawlers in use on the Continent being left out of account. It has been calculated that the area of the sea-bottom which is swept each day by the nets of this great fleet is equal to about 2000 square miles.

Now, this extraordinary extension of trawl-fishing in recent times bears upon the question of territorial waters in two ways. One relates to the impoverishment of the older fishing-grounds near the coast and in the North Sea. The other relates to the incursion of steam-trawlers on foreign coasts as affecting the fishing of the inhabitants of such coasts.

With regard to the first, there have been many inquiries made by Royal Commissions and Parliamentary Committees, as well as by fishery departments and experts, which show that the excessive fishing has depleted the older banks. In the first of these inquiries, which began in 1863, when there were only from 650 to 700 smacks trawling in the North Sea (and then only in a part of it), the reporters expressed their belief that this method of fishing “in the open sea” was not wastefully destructive, and required no legislative interference, for if any ground were over-fished, the fishing there would become unprofitable, and the trawlers would go elsewhere.[1286] The next Commission, in 1878, by which time trawling had greatly developed, came to much the same general conclusions; but they found that a decrease of soles had occurred, and also a decrease of plaice and flounders in some localities, and they recommended that power should be given to the Secretary of State to forbid trawling “in any of the territorial seas,” which power was conferred in 1881.[1287] This inquiry was noteworthy as first revealing complaints by the trawlers themselves of the diminution of certain fish and the impoverishment of inshore grounds, and for the advocacy by Grimsby smack-owners of the prohibition of trawling at localities where small fish abound, as the inlets on the Dutch and German coast, the Wash, and off Yarmouth, and even within a nine-mile limit all round the shores of the North Sea. At the next Commission of inquiry, in 1883, the complaints of the trawlers were stronger, and the remedies they proposed more drastic. Those of Hull and Grimsby stated that the numbers of flat fishes, particularly soles, had much diminished; that the nearer grounds were impoverished, and that they had to go much greater distances for their supplies of fish. They expressed the belief that most damage was being done by trawling along the coasts, especially on the Continental side of the North Sea, and that the most effectual remedy would be to prohibit trawling within a ten-mile limit around the whole of the North Sea coasts. The conclusions reached by the Commission were that soles had decreased, and also flat fishes and haddocks in many parts of the territorial waters between Grimsby and the Moray Firth, and they recommended that the Scottish Fishery Board should receive powers to regulate or suspend trawling within territorial waters.[1288]

From this time onwards the demand of the trawlers for some legislative restrictions on trawl-fishing increased to a clamour. At a conference of practical fishermen held in 1883, in connection with the International Fisheries Exhibition at London, statements were made by trawlers as to the enormous destruction of under-sized fish and the depletion of the grounds, and a resolution was passed calling upon the Government to bring about an international conference to consider the desirability of recommending legislation.[1289] At another conference, in 1888, they declared that a large and distressing diminution of flat-fishes had occurred in the North Sea; that they viewed the future with alarm unless some steps were immediately taken to protect immature fishes; and they called upon the Government to try to arrange for an international law for the purpose.[1290] As no result followed from the representations to the Government, the trawl-owners on the East Coast took independent action in 1890, and formally agreed, as a preliminary step, to prevent their trawlers from fishing in the summer within a very large area of extra-territorial water off the German and Danish coasts, where immature fish were generally caught in great abundance. The line of closure of this area extended along the coast for 130 miles, passing, to the west of Heligoland, at a distance varying from twenty to over fifty miles from the shore, and embracing no less than about 3600 square (geographical) miles of water lying outside the three-mile limit as defined by the North Sea Convention. The Conference also pressed for legislation of a national and international character to prevent the sale and purchase of immature fish, and they defined what they meant by that term.[1291] For some time at least the vessels of the great trawling companies abstained from fishing within the large area above referred to, but the voluntary arrangement fell through owing to the action of independent “single-boaters,” and the grounds were never effectually closed. The Government went so far to meet the wishes of the trawlers as to issue, through the Foreign Office, invitations from the National Sea Fisheries Protection Association to various Continental Governments to send delegates to a conference in 1890, and representatives from Belgium, France, Denmark, Germany, the Netherlands, and Spain attended a meeting at Fishmongers’ Hall in that year, but no representative of this country was present in an official capacity. Statements of the usual kind were made as to the impoverishment of the fishing-grounds and the necessity of remedial measures in order to keep up the fish supply, and it was resolved, in view of an official international conference being called, to circulate a set of questions regarding the scientific and statistical aspect of the subject.[1292]

The complaints continuing as to the deterioration of the fisheries, the Government in 1893 appointed a Select Committee of the House of Commons to inquire into their condition and to report as to what remedies might be required. The trawlers again gave strong evidence as to the impoverishment of the grounds in the North Sea from over-fishing, the banks having been “fished out” in succession as they were discovered, so that they were compelled to go to distant regions, as Iceland and the Bay of Biscay, to keep up the supplies. Some of them still pressed for an extension beyond the three-mile limit and the prohibition of trawling within ten miles from the shore, especially on the foreign coasts on the eastern side of the North Sea, and in particular that large areas in the extra-territorial waters should be closed by international agreement. The prohibition of the sale of immature flat fishes was also strongly advocated as an indirect means of closing these grounds. The Committee reported that the evidence of all classes of witnesses, “whether trawlers or linesmen, smack-owners or fishermen, scientific experts or statisticians,” showed that a considerable diminution had occurred among the more valuable classes of flat-fishes in the North Sea, which was to be attributed to over-fishing by trawlers in certain localities; and they recommended that the sale of undersized flat-fishes should be forbidden, and that the three-mile limit should be extended for fishery purposes alone, provided it could be effected on an international basis.[1293]

It does not appear that any action was taken by the British Government in consequence of this report; and as the trawlers had failed to get the large area of the German and Danish coasts closed to them directly, they got a Bill introduced into Parliament to prohibit the sale of undersized flat-fishes, in the belief that an enactment of that kind would result in closing the grounds indirectly. The reasoning on which they proceeded was this. Trawling, to be remunerative, depends upon the capture of a variety of fishes, and it is not possible by an enlargement of the mesh of the net to allow of undersized flat-fishes escaping, without also and at the same time permitting the escape of numerous large marketable round-fishes, as haddocks, as well as of many marketable soles, and fishing under such conditions would be unprofitable. It was also known that it would be futile to return to the sea the undersized fishes after they had been brought on board, because in commercial trawling they are dead or moribund, and might as well be taken ashore as thrown back into the water. It was admitted that the only effective way to protect the immature fish was to prevent the trawl from being used on the grounds; and if this could not be done by direct closure of the area, it might be accomplished by prohibiting the sale of undersized flat-fishes generally; for on these particular “small fish” grounds, or “nurseries,” large fishes are so scarce that trawling is remunerative only by reason of the great quantity of small fishes taken. If the sale of these were forbidden, then trawling in such localities would cease. For an enactment of this kind to succeed, it was obviously necessary that it should apply to the whole kingdom, and it was opposed by fishermen on other parts of the coast; and as it was felt to be extremely problematical whether it would secure the cessation of trawling on the small-fish grounds without at the same time injuriously affecting the fisheries on our own coast and raising the price of fish, the Bill was abandoned. Several subsequent Bills of the same kind shared the same fate, usually after a more or less exhaustive inquiry by a Parliamentary Committee. One of those Committees, consisting of thirteen members of the House of Commons, took evidence in 1900 from the representatives of the trawlers and others, of the character previously described, advocates of the Bill admitting that in their view it was a tentative measure, and that the direct closure of the grounds would be preferable. The Committee thought that it was proved beyond all doubt that there was a serious diminution of flat-fishes, particularly in the North Sea; that the ancient fishing-grounds were much depleted; that the evil was a growing one, and that in default of a remedy the consequences would be disastrous to the industry.[1294] One of the causes of the diminution was found to be the vast destruction of immature fish, the direct remedy for which, the Committee said, was either the prohibition of the taking and killing of such fish, or the prohibition of fishing within areas where small fish abound. They were of opinion that the former was practically impossible without prohibiting trawling altogether, while the areas where the small fish congregate could only be closed by a joint international arrangement. The indirect remedy was that proposed by the Bill, and, for reasons such as are stated above, they felt it would not be expedient to pass the Bill into law without further inquiry and investigation. The Committee were of opinion that the subject of the diminution of the fish supply was a very pressing one, and that the situation was going from bad to worse, and they recommended that no effort should be spared, first, to arrange for international treatment of the subject generally, and especially for regulation of the North Sea area; and second, to provide for the adequate equipment of the Government Departments in charge of the subject.[1295]

The trawlers still pressed for legislation to deal with the wasteful destruction of undersized fish, and continued to pass resolutions on the subject;[1296] and another and somewhat modified Bill was introduced into the House of Lords in 1904 by the Department of Agriculture and Fisheries, and remitted to a Select Committee of that House. The Committee, after taking much evidence of the usual kind, stated their opinion that the ideal manner of protecting the fishing-grounds in the North Sea where young fish abound would be by an international agreement between all the Powers concerned, and they expressed the hope that the Government would not relax its efforts to secure such a convention. It was thought that, as the first step towards attaining this result, the Bill ought to be passed into law; but the opposition to it was too strong, and it shared the fate of its numerous predecessors.[1297]

The statements of the trawlers that the older fishing-grounds are impoverished, particularly those in the North Sea, are borne out by the results of statistical and scientific inquiries. It was calculated by Professor W. Garstang that the average catch of bottom fishes, per fishing unit, decreased in the North Sea in the ten years 1889 to 1898 from 60·6 to 32·3; or, in other words, that while the average take of each trawling smack in 1889 was sixty tons, it was only about thirty-two tons in 1898.[1298] The official statistics published annually by the Board of Agriculture and Fisheries show that the quantity of bottom fishes taken from the North Sea is declining, while on the other hand the quantity landed in this country from distant waters is greatly increasing.[1299]

This brings us to the second point, in which the immense development of trawling touches upon the question of territorial waters--namely, the flocking of the trawlers to new grounds on foreign coasts. As the North Sea became, comparatively speaking, more and more exhausted, the vessels were compelled to go farther and farther away in order to maintain the supply.[1300] The grounds at Iceland, now so important not only to the British trawlers but to the Germans and the French, were first visited in 1891, and those in the neighbourhood of the Faröe Islands a little later. The operations of the trawlers were at first limited to the south-east coast, but the catches were so enormous, and the enterprise so profitable, that large and seaworthy vessels were specially built for this fishing, which became one of the most important for the English markets.[1301] Then the grounds in the Bay of Biscay and those on the coasts of Spain and Portugal began to be frequented, mostly from about the year 1902; and in the next year the operations of the trawlers were extended farther south to the coast of Morocco, as far at least as Agadir (20 deg. N. latitude), and even in some cases to the coast of Mauritania in French West Africa. The vessels fishing in these southern regions, many of them being fitted with refrigerating rooms, land a considerable proportion of their fish in Portugal and elsewhere. A year or two later, in 1905, the enterprising English trawlers opened up new grounds far away to the north-east in Barents Sea, at the very borders of the perpetual ice of the Arctic regions, and increasing numbers make the long double voyage of some 3500 miles thither every summer, and bring back from the neighbourhood of Cape Kanin great quantities of plaice for the English markets.

Thus the great enterprise and energy of British trawlers, supported by large capital, have enabled them to exploit the available grounds from far beyond the Arctic circle almost to the tropics, and it is from those distant regions that an increasing proportion of the fish supply is being drawn.[1302] The influx of alien vessels, the most powerful and efficient fishing machines in existence, along these foreign coasts is not, as was naturally to be expected, viewed with satisfaction by the native fishermen. They see the fishing-grounds which they had so long been accustomed to consider as their own--in many cases lying within the territorial waters preserved to them by the laws of their own country, though possibly outside “the ordinary three-mile limit”--invaded and exploited by foreigners, and their own livelihood threatened. They fear that what has occurred in the North Sea will happen along their own coasts; that the fishing-grounds, often of limited extent, will be impoverished and exhausted for the sole benefit of the foreigners, and their efforts to maintain themselves and their families rendered difficult or impossible. They observe from their boats the immense hauls of fish made by the huge trawl-nets, and the great waste that is often involved.[1303] One cannot be surprised that the fishermen, and those who sympathise with them, feel indignation at the invasion of their waters by foreign trawlers, and that great meetings have been held, as in Spain and Portugal, to demand redress, and that at least the same limit as applies to natives pursuing similar methods should be enforced on the foreigners, or an international conference called to arrange for an equitable limit, or equitable treatment, which would have regard for the rights of all concerned.[1304]

From the foregoing description of the problems associated with the modern development of trawling, it will not be difficult to understand the scope and nature of the legislation which has been devised in various countries to preserve the native fisheries for the inhabitants of the coast. It may be said that in practically all of them, trawl-fishing is either entirely prohibited within territorial waters or is subjected to various regulations, for the most part with the view of allowing minor forms of trawling, as that for shrimps, to be carried on. In those countries which have a zone of territorial water extending beyond the ordinary three-mile limit, it is prohibited within that zone, as in Norway, Spain, and Portugal, and even up to twelve miles from the shore; while in some others in which three miles is in use as the ordinary limit for exclusive fishing, trawling is forbidden at distances beyond that limit. In Italy and Austria steam-trawling is not allowed within five miles of the coast. In Scotland and Ireland it is prohibited in certain specified waters, which extend much beyond a three-mile boundary. As recent legislation, or byelaws made with the authority of Parliament, bearing upon these prohibitions have given rise to much controversy, it is desirable to consider them with a little care.

In England, where the administration of the local fisheries around the coast is in the hands of various Sea Fisheries District Committees, numerous byelaws have been made and are in force, with the sanction of the Board of Agriculture and Fisheries, prohibiting or regulating trawling of one kind or another in the waters under the control of the Committees. None of the byelaws appear to apply to parts of the sea beyond the ordinary three-mile zone, though it is open to question whether the wording of the Act, by which the Committees were created, does not give power in that direction.[1305]

The Irish Fishery Department have made a very large number of byelaws, at various times and under various Acts, for the regulation or prohibition of trawling. Of these some forty-four are at present in force, twenty-two applying to all trawling and twenty-two to steam trawling alone, and one or two of them date from the years 1842 and 1851.[1306] Under these byelaws trawling in one form or another is prohibited entirely or under certain conditions at most parts of the coast of Ireland; and on certain parts of the coast not inconsiderable stretches of the sea, beyond the three-mile limit and the limit for bays as defined in the fishery conventions, are closed against this method of fishing. The lines around the coast within which trawling is prohibited, in many instances pass between headlands which may be as much as twenty-six, and even forty-three, miles apart; not infrequently they are drawn, not between headlands, but from one light-ship to another, and these light-ships may be four or five miles from land and twenty miles apart. Sometimes the closing line is placed three miles to the seawards of such base-lines; and they may pass from about two to seven or eight miles outside the limit as defined in the conventions, and in some instances up to ten or eleven miles from low-water mark on the shore.

It is obvious that the principle upon which these lines have been drawn has been one of convenience. They differ entirely from the lines of closure in the two Scottish Firths referred to below, which are _inter fauces terræ_ with the lines passing from headland to headland. But all the lines on the Irish coast are well within the range of guns from the shore, and are thus, according to the Law of Nations, within the territorial sea. The aggregate area beyond the ordinary limits of the conventions amounts to a little over 400 square (geographical) miles.

It does not appear that foreign trawlers have been found contravening the Irish byelaws to any great extent. Between June 1904 and September 1905 seven steam-trawlers and one sailing-trawler were captured fishing within the limits, one of the former being registered in a foreign country, and, with regard to it, the official report says “it was found impossible to enforce the order made by the magistrates against the owner and skipper.” It is added that “it is thought, however, that means have been found within the existing law of compelling foreign trawlers to observe the byelaws affecting Irish territorial waters.”[1307]

It is, however, with reference to the legislation for Scotland, under which certain areas are closed against trawling, that the main controversies have been raised. Several statutes gave power to the Fishery Board for Scotland to regulate trawling. The first was an Act of 1881,[1308] which empowered the Board of Trade to restrict or prohibit this method of fishing “in any area being part of the sea adjoining the United Kingdom, and within the territorial waters of Her Majesty’s dominions, within the meaning of the Territorial Waters Jurisdiction Act, 1878” (see p. 591); which power was transferred to the Scottish Board by subsequent Acts.[1309] Then the Sea Fisheries (Scotland) Amendment Act, of 1885,[1310] empowered the Board to make byelaws for restricting or prohibiting, either entirely or subject to such regulations as might be provided, any method of fishing “in any part of the sea adjoining Scotland, and within the exclusive fishery limits of the British Islands,” when they were satisfied that such mode of fishing was injurious to any kind of sea fishing within that part, or in order to make experiments and observations to ascertain this, or for fish-culture: and such byelaw was not to be valid until it had been confirmed by the Secretary for Scotland. Several byelaws under this Act were made, prohibiting trawling within certain areas on the coast of Scotland within the ordinary limits.[1311] It may well be questioned, in view of the definition of the “territorial waters of Her Majesty’s dominions” in the Territorial Waters Jurisdiction Act, and of the “exclusive fishery limits of the British Islands” in the Sea Fisheries Act, 1883,[1312] whether these powers were restricted to the three-mile limit and to bays whose width was not greater than ten miles; but it is noteworthy that a byelaw with reference to the Firth of Clyde was not confirmed by the Secretary for Scotland, presumably because it was considered at the time to be _ultra vires_.[1313]

In 1889, however, an Act was passed which directly prohibited trawling “within three miles of low-water mark of any part of the coast of Scotland” (except the Solway and Pentland Firths), and within the waters specified in a schedule annexed, except in such parts as might from time to time be permitted by byelaws of the Fishery Board; and the Board was further empowered to forbid trawling within any area or areas in the Moray Firth between Duncansby Head and Rattray Point, which may be regarded as its headlands.[1314] The waters specified in the schedule included the areas closed under the then existing byelaws, as well as a number of bays, lochs, and areas, the most important of which was “the waters inside a line drawn from Corsewall Point, in the County of Wigton, to the Mull of Cantyre, in the County of Argyll”--that is to say, the Firth of Clyde. In this Act, it will be noted, nothing is said about bays, save in this schedule, and an examination of the charts shows that the waters specified in the schedule, twenty-five in number, would all, with a single exception, be included in the limits of exclusive fishing as defined in the North Sea Convention. Presumably the bays on the coast of Scotland which are not mentioned in the schedule do not come under the provisions of this Act beyond the distance of three miles from low-water mark on their shores. The exception referred to is the Firth of Clyde (fig. 29), where the line of closure is about twenty-eight miles in length, within which trawling was directly prohibited by the Act. The area of water outside the ordinary limits of the conventions which is thus embraced amounts to about 380 square (geographical) miles.

Under the section referring to the Moray Firth, a byelaw was passed in 1890 giving effect to its provisions within a straight line drawn from the Ord of Caithness to Craighead near Buckie, the extent of water enclosed, beyond the ordinary limits, being about 310 square miles. This was replaced by another byelaw in 1892, in which the line of closure to trawling was from Duncansby Head to Rattray Head, a distance of about 73 geographical miles, the area of sea enclosed between it and the ordinary limits amounting to approximately 1480 square (geographical) miles (fig. 30). It is this byelaw that has of late given rise to discussion in relation to the operations of foreign trawlers within the Moray Firth, as is explained below.

In 1895 another Bill was introduced into the House of Lords by the Lord Privy Seal (Lord Tweedmouth), with the object, among other things, of extending a similar jurisdiction over the waters washing the east coast of Scotland. The line at first chosen in this case was a very long one, running along the open coast from Rattray Head to the Farne Islands, a distance of about 120 miles, and passing a little over thirty miles east of Fife Ness.[1315] It was proposed later to give power to prohibit trawling in any area or areas within eighteen miles of the coast.[1316] In the Act as passed the distance was reduced to thirteen miles from the coast in areas under the jurisdiction of the Crown, and no area was to be so regarded unless the powers conferred had been accepted as binding upon their own subjects with respect to such area by all the states who were parties to the North Sea Convention.[1317] This section of the Act has remained inoperative, and no byelaws have been made under it; and there appears to be no evidence as to whether the views of other Powers have been obtained.

In the Moray Firth, closed to trawling by the byelaw above referred to, foreign trawlers began to make their appearance first of all in 1895, when a Danish vessel came. Two years later it returned, and a German trawler also, which was prevented from landing its fish at Aberdeen,--an act of the Crown, which was tested by a case in the Court of Session and upheld by it. In 1898 foreign trawlers appeared in the Firth in considerable numbers, and, it was reported, carried on their operations in such a reckless manner as to involve a great deal of damage to the gear of the net and line fishermen.[1318] These vessels appear to have been mainly Danish, but there were a few Belgian, Dutch, and German, and they came for the most part intermittently and for brief periods, some of them appearing only once or twice in a year. Soon, however, the Firth was invaded by a fleet of trawlers flying the Norwegian flag, although it was known that Norway possessed no steam trawlers,[1319] and these vessels fished regularly in the Moray Firth, carrying their fish to Grimsby, where they were landed and sold. It was soon discovered, and admitted, that these trawlers were in reality English, so far as capital, management, and crew were concerned, but they were registered in Norway in order to evade the British statute, and they soon obtained a practical monopoly of trawling in the Moray Firth. In 1901 there were fourteen or fifteen of them, but by 1905 they had increased to twenty-nine or thirty; while the visits of trawlers of other nationalities had diminished to nine in 1903, to six in 1904, and to two in each of the three following years. In 1903 and 1904 thirteen convictions were recorded against foreign trawlers, eight in connection with the Moray Firth and five in connection with the Clyde; in 1905 the number rose to fifteen for the Moray Firth and six for the Clyde. In all these cases the charge was for trawling within the ordinary three-mile limit. In 1905 a case was brought against Martin Olsen, the Norwegian “flag-master” of one of the trawlers registered in Norway, the _Catalonia_, for trawling within the Dornoch Firth in contravention of the Act of 1889, and byelaw No. 2, made under the Act of 1885. The place where the offence was committed was beyond the distance of three miles from the shore, but it was within three miles of the ten-mile base-line across the Dornoch Firth, and therefore within the exclusive fishery limit as defined in the conventions, and within one of the areas scheduled in the Act of 1889. The Sheriff-Substitute at Dornoch sustained Olsen’s plea of no jurisdiction, on the ground that the _Catalonia_ was registered in Norway, and Norway was not one of the Powers signatory to the North Sea Convention. On appeal to the High Court of Justiciary the decision was reversed, the judges holding that the prohibition in the Act of 1889, being quite general in terms, was applicable to foreigners as well as to British subjects, and that it was not for them to draw a distinction which had not been made by Parliament.[1320]

This decision was the means of raising the question whether the byelaw did not apply to foreigners equally with British subjects in the whole extent of the Firth, and a series of cases were brought before the Sheriff to test the point. Three prosecutions were instituted, one against Emmanuel Mortensen, a Dane, master of the _Niobe_, of Sandefjord, Norway, for trawling at a point about five miles off Lossiemouth; another against Thomas Robinson, a British subject, master of the _Verbena_ of Stavanger, Norway, for trawling at a point five miles S.S.E. of Garty Point, Sutherlandshire; and the third against Arthur Lambert, a British subject, fishing-master of the _Pinewold_, registered at Sandefjord, Norway, for trawling at a distance of seven miles from Tarbetness. Convictions were obtained in all cases in the Sheriff Court of Dornoch, mainly on the same ground as in the above case, that the statute was general and applied to all persons, but Sheriff (now Lord) Guthrie also held that the Moray Firth was within the territorial waters of Scotland.[1321]

The case in regard to Mortensen was appealed and was heard by the full bench of twelve judges of the High Court of Justiciary, who unanimously upheld the conviction and dismissed the appeal. The leading opinion was delivered by the Lord Justice-General (Lord Dunedin), who treated the question as one of construction, and of construction only, since the court had nothing to do with whether an Act of the Legislature was _ultra vires_ or in contravention of international law; they had only to give effect to it. The terms of the Act, applying to “every person” committing the offence within an area which was precisely defined, made the inference strong that it was meant to apply to all persons whatsoever; and this inference was further strengthened by the consideration that the clear object of the Act was to stop trawling, and that object would be defeated or rendered less effective if the prohibition applied only to British subjects, while leaving those of other nations free. With regard to the territorial or non-territorial character of the place where the _Niobe_ had been trawling, Lord Dunedin said that while it might be assumed that within the three-mile limit the territorial sovereignty would be sufficient to cover such legislation, that was not a proof of the counter proposition, that outside the three miles no such result could be looked for. There were at least three points which went far to show that the _locus_ was _intra fauces terræ_: (1) the dicta of the Scottish Institutional Writers, as Stair and Bell;[1322] (2) the fact that the same statute puts forward claims to analogous places, as, _e.g._, the Firth of Clyde; (3) there were many instances in decided cases where the right of a nation to legislate for waters more or less landlocked, though beyond the three-mile limit, had been admitted. “It seems to me, therefore,” continued Lord Dunedin, “without laying down the proposition that the Moray Firth is for every purpose within the territorial sovereignty, it can at least be clearly said that the appellant cannot make out his proposition that it is inconceivable that the British Legislature should attempt for fishery regulation to legislate against all and sundry in such a place. And if that is so, then I revert to the considerations already stated, which, as a matter of construction, make me think that it did so legislate.” He did not think any argument could be drawn from the definition of “exclusive fishery limit” in the North Sea Convention, inasmuch as the Convention, as a whole, did not deal with what was here in question--viz., mode of fishing; and the Act treated subjects and foreigners alike in the matter.

Lord Kyllachy also held that, on the point of construction, the intention of the Act was that in no part of the area should trawling be practised by anybody; the terms were definite and applied to a quite definite area; it would be easier to suppose that the Legislature had reached even an erroneous conclusion as to the extent of its jurisdiction, than that it had resolved deliberately to impose a futile restriction upon its own countrymen and at the same time to create a hurtful monopoly in favour of foreigners. With regard to the territorial or non-territorial character of the Moray Firth, it seemed vain to suggest that according to international law there was any part of it which was simply an area of the open sea, and thus in the same position as if it were situated, say, in the middle of the German Ocean. The whole Firth was _prima facie_ a “bay,” with two well-marked headlands, and stretching inwards for many miles into the heart of the country. All that could be said against this was that at its outer end the Firth was very wide, and of a size, if not also of a configuration, somewhat beyond what is usually characteristic of bays and estuaries; but that might or might not be so, and the cases of the Bristol Channel, the Firth of Clyde, and the Firth of Forth would have to be considered before the proposition could be affirmed. There was no established rule on the subject in international law, and in particular no rule “so arbitrary and artificial as that of the ten-mile limit measure,” for which the appellant contended. Perhaps the most interesting part of Lord Kyllachy’s opinion concerned the bearing of the North Sea Convention on the case. If the question had been one of _exclusive fishing privileges_, the bearing of the Convention might have been important. “But exclusive fishing privileges--or, at all events, exclusive fishing privileges as defined by convention--are one thing; territorial jurisdiction, proprietary or protective, is a different thing.... There is certainly nothing in the Convention, at least nothing was brought under our notice, which in the least conflicts with the right of the several contracting nations to impose each of them within its territorial limits (whatever these are) restrictions universally applicable against injurious practices or modes of fishing such as are by this statute and byelaw imposed here. In other words, there is nothing in the statute and byelaw in question which at all interferes with the exclusive fishing privileges of the several nations.” He could not consent to the argument that the Convention had introduced a new chapter into international law establishing, with respect to the definition of bays and estuaries, new and artificial rules. The other judges who gave their reasoned opinions expressed similar views, both as to the construction of the Act, the possibility or probability that the Moray Firth was a territorial bay by the law of nations, and as to the distinction between the limits of exclusive fishing as defined in the Convention and the right of the bordering state to regulate the fishery beyond that limit and within its territorial waters, provided the regulations applied equally to all.[1323]

It is to be noted that although the question was strictly one of the construction of the Act, the judges had necessarily, in reaching its true meaning, to consider certain aspects of international law in relation to the territorial sea. From the above summary of their opinions, it is evident that the most eminent Scottish lawyers are in agreement with the modern publicists whose views have been referred to in a previous chapter, both in rejecting the three-mile limit as the farthest boundary of territorial sovereignty and as to the ten-mile rule (to say nothing of the six-mile theory) for bays. It may, however, be questioned as to how far the doctrine of independent territorial regulation of fisheries beyond the limit of exclusive fishing, as defined in the Conventions, will be accepted as applied to the signatories of the Conventions. It is not expressly stated in the Conventions that the waters outside the exclusive fishery limits shall be free and common to all; but that is implied even in the title of the last of them,[1324] and the Convention, in point of fact, lays down such regulations for the conduct of the fishery, outside the exclusive fishery limits, as appeared to the signatories at the time sufficient for the equitable enjoyment of the common right. It would be easy to conceive of general regulations being applied independently at particular places by one state, which would have the effect of abridging the common right of the other states, without affecting the interests of its own subjects--on the principle of the invitations which the fox and the stork issued to one another in the fable. That the intention was to leave the fisheries outside the limits mentioned free, except in so far as the regulations agreed upon affected them, is clear from the proceedings at the conference at The Hague. As regards other states, however, such as Norway, which were not signatories of the Conventions, it is equally clear that, up to the utmost bounds of the territorial waters, regulations may not only be imposed on their subjects, but they may be excluded from the fisheries altogether.

The effect of the decision of the High Court of Justiciary was apparently to keep the foreign trawlers out of the Moray Firth for a short time. But very soon a number of them came back again from Grimsby, with express instructions from the owners to fish in the Moray Firth. On 31st January 1907 six masters, all foreigners, of trawlers registered in Norway, were charged at Elgin Sheriff Court with thirteen separate contraventions of the byelaw, committed between 23rd November and 22nd December 1906, at various distances from about five to twelve miles from the coast; on conviction, penalties of £100 or sixty days’ imprisonment were imposed, and five of the men went to prison. On 4th February other two masters of foreign trawlers were convicted of a corresponding offence at Wick Sheriff Court. At the trial at Elgin, the Norwegian Vice-Consul at Aberdeen read a protest, at the instance of the Foreign Minister of Norway, against the conviction of the masters of three of the Norwegian vessels which he named, provided the trawling with which they were charged had taken place “outside the territorial limits.”[1325]

Representations were also made to the British Foreign Secretary by the Norwegian Minister in London (Dr F. Nansen), and the men were released on 9th February,[1326] the decision of the Scottish High Court being thus in effect set aside. It was subsequently explained that in taking this action Norway was merely making a formal stand for the rights of her flag, since the trawlers had been registered in Norway in a legal way, Norwegian subjects were concerned, and no claim had been put forward on behalf of the British Government to the Moray Firth as being territorial in character. In point of fact, the Norwegian Government was in full sympathy with the policy of keeping the pseudo-Norwegian vessels out of the Moray Firth,[1327] and they immediately, after the formal protest referred to, issued orders warning all owners of Norwegian trawlers fishing in the Moray Firth to cease from doing so, and not to expect the support of their Government in case of proceedings being taken against them in Scotland.[1328] It does not appear that any advantage was taken of this proceeding for further prosecutions of Norwegians contravening the law; but it was decided to proceed against British subjects who might be found on the foreign vessels which were violating it, and who were undoubtedly under the jurisdiction of British courts. On March 20th twelve cases were brought before the Elgin Sheriff Court, the men charged being the “fishing-masters” of the foreign trawlers,[1329] and the only one who appeared was fined fifty pounds for each of three offences, or fifteen days’ imprisonment. A little later, on 17th April, fifteen fishing-masters of foreign trawlers, one of which was Swedish, all British subjects belonging to Grimsby, were charged in the same court for trawling within the Moray Firth outside the ordinary limits, and on conviction small fines were imposed. Similar cases were brought against eleven men in July, who were charged with twenty-eight offences committed between 2nd March and 24th June, and still smaller penalties were imposed.[1330]

Considerable discussion was evoked by the various occurrences above referred to. Resolutions were passed at various meetings of fishermen in Scotland in favour of the byelaw being strictly enforced, and asking that an international arrangement should be come to if necessary to enable that to be done. At meetings of trawl-owners, on the other hand, held at Grimsby and elsewhere, resolutions to the opposite effect were agreed to, and the Government were requested to maintain the “three-mile international territorial limits as now defined.” In the Houses of Parliament also numerous questions were put to Ministers on the subject, and there were several debates of a more or less formal kind. It appears that the Foreign Office had come to the conclusion that the Act of Parliament as interpreted by the High Court of Justiciary was in conflict with international law;[1331] and that view having been taken, it was obvious that it would be necessary, if the statute was to have equal effect on foreigners, that some international arrangement, such as had been previously recommended by the Select Committees of the House of Commons and the House of Lords,[1332] should be reached. It appears that there would have been no difficulty in arranging such an agreement with Norway, which was desirous of entering into negotiations for the purpose; but it was felt by the Foreign Office that, while an arrangement of the kind would not bind other Powers, questions of reciprocity might be raised, and British trawlers might be excluded from similar areas on foreign coasts. They therefore declined to enter upon negotiations with foreign Powers until the whole policy had been carefully considered.[1333] One point of view which was taken was indicated in a speech of the Under-Secretary for Foreign Affairs (Lord Fitzmaurice) in the course of a debate in February 1907, which had been initiated by Lord Balfour of Burleigh. He stated that according to the views hitherto accepted by the chief departments of the Government--the Foreign Office, the Admiralty, the Colonial Office, the Board of Trade, and the Board of Agriculture and Fisheries--and apart from the provisions of special treaties, territorial waters were: “First, the waters which extend from the coast-line of any part of the territory of a State to three miles from the low-water mark of such coast-line; secondly, the waters of bays the entrance to which is not more than six miles in width, and of which the entire land boundary forms part of the territory of a State. By custom, however, and by treaty and in special convention, the six-mile limit has frequently been extended to more than six miles.”[1334] The Lord Chancellor, it may be said, was absent through illness; and the declaration quoted, though it represents what has been the general, but by no means the invariable, attitude of the British Foreign Office in dealing with territorial waters, is not in accordance with the law of nations, as is shown in the foregoing chapters. Nor does it agree with the opinions expressed in a former debate by the late Lord Salisbury, so long the distinguished Foreign Minister of this country, by Lord Halsbury, the former Lord Chancellor, and by Lord Herschell, the then Lord Chancellor (see p. 592), in which Lord Salisbury said “great care had been taken not to name three miles as the territorial limit.” Nor is it in agreement with the carefully considered and most explicit reservations made in the Territorial Waters Jurisdiction Act, both in regard to the extent of the territorial waters and the rightful jurisdiction of the Crown beyond three miles from the shore under the law of nations, conferred by Act of Parliament, or by law existing, and the similar reservations in certain other Acts previously referred to. Even more singular is the novel statement as to what constitutes a territorial bay. A six-mile limit of the kind will obviously confer in the great majority of cases no greater extent of sea than the three-mile limit on an open coast, and it is thus opposed to one of the best-recognised principles of international law relating to the subject. The only part of the world where it appears to be in force is in British North America, with reference to subjects of the United States. The history of how it came to be applied at all is told in a previous chapter, in which it is also shown that the British Government as late as 1887 rejected even the ten-mile limit for bays, as involving a surrender of fishing rights, and as being contrary to the law of nations (p. 629), and they have made declarations equally emphatic on other occasions.[1335]

But in a subsequent debate Lord Fitzmaurice appears to have qualified his statement, and quoted the observation of Lord Salisbury that where the coast was “folded and doubled,” as where bays exist, it was an unsettled question in international law how far territorial waters extend in such cases.[1336]

Rather a different view was taken by the Lord Chancellor, a few weeks later, in the course of another debate about the Moray Firth. Lord Loreburn confined himself to saying that the obvious contention of other nations, and one very difficult to encounter, if we tried to make byelaws under our own law in regard to waters within a line from headland to headland eighty-five miles apart, would be that we might be trying to legislate for the high seas.[1337] And in a debate in July 1908, the Secretary for Foreign Affairs (Sir Edward Grey) put the matter in an exceedingly lucid manner. Parliament had recognised the contention, he said, that there ought to be special regulations, especially in regard to the Moray Firth, going far beyond the three-mile limit; and, like other members of the Government, he condemned the action of British subjects who, knowing perfectly well the law, made use of a foreign flag to evade the regulations of the Moray Firth, which it was obviously the desire of Parliament should be enforced. But when they came to the question of enforcing the law on foreign subjects, they were placed in a very difficult position. The national policy of this country hitherto “had been to uphold the three-mile limit, but to protest against and to resist by every means in our power the pretension of any foreign country to enforce its own jurisdiction on the sea beyond the three-mile limit.” We had contended before international tribunals, as in the Behring Sea Arbitration, that the three-mile limit is the only one we can recognise as the limit of foreign jurisdiction over British vessels; and suppose we attempted to enforce a doctrine going far beyond the three-mile limit on foreign ships, how could we contend before an international tribunal for a doctrine precisely the reverse of that which we have always upheld on previous occasions? It followed from this that “if there was to be a modification of the rules relating to trawling in the North Sea, it must be by agreement with foreign Powers”--that was really the practical point upon which the matter turned. But in an important question affecting the interests of the country at large, it was impossible for the Foreign Office to approach other Powers with the view of reaching an agreement until it was quite clear that it was in the interest of a policy which had been adopted, affirmed, and declared by the Government to be a policy which was in the general national interest of the United Kingdom. Judging from the very great force with which the case in such regions as the Moray Firth had been presented, and the strong feeling that existed and which was not confined to the Moray Firth, it had always seemed to him that there was a case for grave consideration as to whether any new regulations were required for the preservation of the fishing industry in the North Sea at large. Trawling was a perfectly legitimate industry in which large capital was invested, and if further restrictions were to be imposed on it, it must be because a really important national interest required it; it would not be right to adopt in the interests of particular localities any special restrictions which might result in diminishing the supply and raising the price of fish. But, having laid down these two principles, Sir Edward Grey thought it was equally true that if the supply of fish from the North Sea is being affected by want of further regulations, then the interests of any particular industry must be subordinated to the general interest, which in the long-run was also the interest of the industry itself. “If it be the case,” he proceeded, “that in areas like the Moray Firth, which are important breeding-grounds, the supply of fish is being seriously interfered with by the prosecution of trawling in narrow waters, then it becomes a matter of national interest that we should, as soon as possible, come to some agreement with foreign Powers under which we should be able to make the arrangements which prove to be necessary in the national interest at large.” The subject was one requiring the deliberate investigation of the Government, and the investigation was proceeding; and they should know in the course of a reasonable time whether or not the Government thought they had a case for approaching other Powers, and if so what were the grounds and propositions they should ask those Powers to agree to. With regard to bays, the Foreign Secretary said it had generally been understood that the qualification of the three-mile limit applied to bays ten miles wide, and they must be very careful as to how far they pressed the doctrine as to the width of a bay, or laid down an international doctrine on any particular bay. They must think of what the application of it might be in other parts of the world.[1338]

In this statesmanlike speech the case was put temperately and fairly. Whether the Moray Firth is or is not a territorial bay, it has been the general practice of the British Government to contend for the ordinary three-mile limit, at least on open coasts, in relation to fishery questions. If there are clear reasons for the extension of this limit at any part of the coast, or in the North Sea generally, in the common interests of the fisheries, as recommended by the Select Committee of the House of Commons in 1893; or for the prohibition of trawling within a great area on the Continental coast, as urged by the English trawlers, and recommended by the Parliamentary Committees of 1900 and 1904; or if it is believed to be necessary to regulate the fisheries in any way beyond the ordinary limit, then obviously the best method is to endeavour to come to an arrangement with the other Powers concerned. There are precedents for this course in British policy. By treaties with France, the British Government agreed to bind British subjects not to fish for oysters or any kind of fish within Granville Bay in waters beyond the ordinary limit. In the interests of the preservation of the fur-seal, in which the United States was mainly concerned, they agreed to prohibit British subjects from taking them within a limit of sixty miles around the Pribilov Islands, and to compel them to observe a close-time on the high seas, and to use only the primitive spear. They have also by treaty agreed to respect various other limits beyond the ordinary three miles in the interest of the preservation of other kinds of seals. The case of the North Sea, or of that inlet of it known as the Moray Firth, is on the same footing as these. The question is not one of the extension of territorial sea _qua_ territorial sea, but of special regulations independent of it, and exclusively relating to the fisheries.

From what has been said in foregoing pages as to the impoverishment of the fishing-grounds in the North Sea, and the various remedies that have been at one time or another proposed by the English trawlers and by Parliamentary Committees with the view of maintaining the fish supply, it might appear that a very good case already existed for approaching foreign Powers with the object of arranging for general regulations beyond the ordinary limit, and one far weightier than that which brought about the conference at The Hague and the North Sea Convention in 1882 (see p. 631).

Two probable reasons may be advanced for the delay in giving effect to the recommendations of the various Committees of Parliament. The first is that a very important international investigation of the North Sea and adjacent waters has been in progress for a number of years and is still going on. On the invitation of the Swedish Government, representatives of Great Britain, Germany, Russia, the Netherlands, Denmark, Sweden, and Norway met at Stockholm in June 1899, and again at Christiania in May 1901, to discuss and arrange an organisation and a programme for an international scientific investigation of the North Sea, the Norwegian Sea, and the Baltic, in the interests of the fisheries; and in July 1902, the first meeting of the body so constituted, the International Council for the Exploration of the Sea, was held at Copenhagen. Since then all the maritime countries of Western Europe, with the exception of France, have engaged in these researches.[1339] This country entered into the arrangement with special reference to the fisheries in the North Sea, and with a very practical end in view--namely, to secure a careful inquiry into the effect of the methods of fishing in the North Sea, and to promote a scheme for determining whether protection against overfishing was required; and, if so, where, when, and how such protection should be given.[1340] Much strong criticism has been passed as to the origin, the methods, and the programme of these investigations,[1341] and while they have naturally resulted in large additions to our knowledge of the physical and biological conditions of the sea, of the life-history of fishes, and of certain fishery questions, no report has yet appeared dealing with the fundamental problem as to overfishing and any remedies which may be required to safeguard the fish-supply; and it is doubtless such information that is referred to by the Foreign Secretary as essential before Foreign Powers can be approached. An opinion was, however, early expressed as to the particular question of the Moray Firth. The Conference held at Christiania in 1901, at which all the Powers signatory to the North Sea Convention (with the exception of France) were represented, passed a resolution to the effect that “in distinct areas of the sea, as for example the Moray Firth, in which any Government has undertaken scientific experiments in the interest of the fisheries, and in which the success of the experiments is being hindered by the operations of trawlers, it is to be desired that measures be adopted for the removal of such hindrances.”[1342]

The second probable reason that nothing has yet been done to arrive at an international understanding appears to be that the representatives of the great trawling industry have changed their minds within the last few years. Since foreign coasts have been exploited with immediate financial success to the trawling companies, their interest in the North Sea has diminished. They fear that if the question of fishery regulations beyond the ordinary three-mile limit is opened up with foreign Powers in the interest of the North Sea fisheries, proposals may be made, as a _quid pro quo_, by some of the other Powers for similar regulations on their coasts; and it is evident from the statements made in Parliament that this view has hitherto prevailed.[1343] One would have thought that a _quid pro quo_ which closed to trawling the great area off the Continental coast, which English trawlers for more than fifteen years have been vainly asking to be closed by international arrangement, would be satisfactory to them. Or that a fishery limit of nine or ten miles on the other side of the North Sea, or all around it, which they thought some years ago to be the best remedy for the depletion of the fishing-banks, would meet with their approval. These areas, compared with the whole of the North Sea, are comparatively of small extent (see fig. 26). The area of the North Sea between the three-mile line and a nine-mile limit amounts to about 12,000 square miles, or 7·4 per cent of the whole area beyond three miles from the shore; and the area between the three-mile line and a thirteen-mile limit amounts to about 20,000 square miles, or 12·3 per cent.

Meanwhile, the condition of the fishing-grounds in the North Sea is described as serious by those who ought to know most about it--the trawlers who are daily working there; and if no remedy is timeously applied, the measures which will eventually be necessary will transcend those which are now proposed.[1344]

But if it be imprudent to postpone indefinitely the seeking of an international remedy for the depleted fisheries of the North Sea, because the trawling industry fears that retaliatory measures may be proposed against British trawlers on some foreign coasts, it may be questioned, on the other hand, whether the action taken to obviate such measures has always been well-judged or in accordance with the true comity of nations. On strictly selfish grounds, and for immediate profit, it is doubtless justifiable to make every fishing-bank, wherever it is situated, available for the enterprise of British capital, irrespective of the interests of the inhabitants of the adjoining coast, if that can be managed. If, indeed, the resources of the sea were inexhaustible,--if it was impossible for the operations of man to diminish the abundance of fish,--then no limit of exclusive fishing would be necessary: only such regulations would be required as would enable fishing operations to be conducted in an orderly manner. But the condition of the North Sea alone proves the opposite. It shows also, what is well enough understood, that unrestrained trawling on any banks will, in course of time, materially reduce their productiveness; and the rapidity of the impoverishment will very largely depend upon the intensity of the fishing and the extent of the grounds. That being so, it may well be said that a measure of protection on the banks which are still productive along foreign coasts would be in the permanent interest of the English trawling industry itself, as well as in the interest of the coast population.[1345]

On some of those coasts the local population are dependent on the fish they catch on the neighbouring grounds, which are often of limited extent, and it is reasonable and just that they should endeavour to preserve this supply for their own use and advantage. At Iceland, for example, the area of the possible fishing-grounds between the ordinary three-mile limit and a depth of 200 metres (or 109 fathoms), including places where trawling is not practicable, amounts to about 36,600 square miles, compared with nearly 312,000 square miles between the same limits off the British Isles.[1346] It was recently stated in the House of Lords, by Lord Heneage, that the Icelanders, with the view of preserving their fishing-grounds, a few years ago brought forward a law in the _Althing_, or local Parliament, to extend the limit of exclusive fishing to seven miles around their coast. It was also said that in 1901 they passed laws for enclosing extra-territorial waters. As soon as these proceedings came to the knowledge of the English trawl-owners, the National Sea Fisheries Protection Association made a representation on the subject to the Foreign Office, and in consequence of this the Danish Government took action, and the law was prevented from coming into operation.[1347] And any such action in the future was effectually prevented by the immediate negotiation of an international convention in which a three-mile limit was fixed for Iceland and Faröe (see p. 647) so far as concerned British fishermen. Then with respect to the coasts of Spain and Portugal, where the available grounds are narrow, amounting altogether between the three-mile limit and the 200-metre line to 15,460 square miles (see fig. 28), intimation has been made by the British Foreign Office, at the instance of the National Sea Fisheries Protection Association, that jurisdiction will not be recognised over British vessels beyond three miles from the shore, and the national regulations in regard to trawling are thus rendered comparatively ineffective. With regard to Norway, moreover, where the area between the three-mile limit and the 200-metre line exceeds 30,000 square miles, it appears that soon after her separation from Sweden, in 1905, the British Foreign Office made the proposal that she should join in the North Sea Convention (which, along with Sweden, she refused to do in 1882), so that the ordinary three-mile limit might be imposed along the Norwegian coast; but the proposal was rejected.[1348]

In view of the evidence that has been adduced, the recommendations of the various Committees of Parliament that have inquired into the subject, and the statements made in the House of Commons, it may be assumed that an international conference of the Powers bordering the North Sea will be convened, to consider how fishery regulations may be made more effective, whether by extension of the limits of exclusive fishery or otherwise, as soon as the results of the international fishery investigations justify that course.

APPENDIX A.

(P. 45.)

THE LIBEL REGARDING REYNER GRIMBALD.

DE SUPERIORITATE MARIS ANGLIÆ ET JURE OFFICII ADMIRALLATUS IN EODEM.

(Chancery Rolls, Miscellaneous. Treaties and Diplomatic. Bundle 14, No. 15, Mem. 12.)

A vous Seignurs Auditours Deputez par les Roys Dengleterre et de Fraunce a redresser les damages faitz as gentz de lour Roialmes et des autres terres subgiz a lour seignuries par meer et par terre en temps de pees et de Trewes monstrent les Procureurs[1349] des Prelatz et Nobles et del Admiral de la meer Dengleterre et des Comunaltes des Citees et des Villes et des Marchanz Mariners Messagers et Pillerins et de tous autres[1350] du dit Roialme Dengleterre et des autres terres subgies a la seignurie du dit Roy Dengleterre et daillours sicome de la Marine de Genne Cateloigne Espaigne Alemaigne Selaunde Heylande Frese Denemarch et Norweye et de pluseurs autres leux del empyre qe come les Roys Dengleterre par raisoun du dit Roialme du temps dount il na[1351] memoyre du contraire eussent este[1352] en paisible possession de la souereigne seignurie de la meer Dengleterre et des Isles esteans en ycele[1353] par ordinance et establicement des lois estatuz et deffenses darmes et des vesseaux autrement garniz qe vesseaux de Marchandise et de seurte prendre et sauuegarde doner en tous cas qe mestier serra et par ordinance de tous autres faitz necessaires a la garde des pees droiture et equite entre toute[1354] manere des genz taunt dautri seignurie come leur propre[1355] par illeqes passanz et[1356] par souereigne garde et[1357] tote manere de conisance et Justice haute et basse sur les dites loys estatuz ordinances et deffenses et par tous autres faitz queux a le gouernement[1358] de souereigne seignurie appartenir purront es leux auantdiz. Et A. de B. Admiral de la dite meer deputez par le Roy[1359] Dengleterre et tous les autres Admirals par meisme celui Roy Dengleterre[1360] et ses Ancestres iadiz Roys Dengleterre eussent este[1361] en paisible possession de la dite souereigne garde[1362] oue la conisance et Justice et tous les autres appurtenances auantdites horspris[1363] en cas dappel et de querele faite de eux a lour souereignes Roys Dengleterre de deffalte de droit ou de mauueis iuggement et especialment par empeschement mettre et Justice faire[1364] seurte prendre de la pees de tote manere des genz vsanz armes en la dite meer ou menanz Nefs autrement apparaillees ou garnies qe nappartenoit au[1365] Neef Marchande et en tous autres pointz en queux homme poet auoir resonable cause de suspecion vers eux de roberie ou des autres mesfaitz.[1366] Et come les Meistres des Neefs du dit Roialme Dengleterre en absence des diz Admirals eussent este en paisible possession de conustre et juggier de tous faitz en la dite meer entre tote manere des gentz solonc les loys estatus et les deffenses franchises et Coustumes.[1367] Et come en le primer article de lalliaunce nadguers faite entre les diz Roys en les traitiz sur la darraine pees de Paris soient comprises les paroles qe sensuient en vne cedule anexe ayceste.[1368] Primerement il est traite et acorde entre nous et les messages et les procureurs desurdiz en nonn des diz Roys qe yceux Roys serrount lun a lautre desores en auant bons verays et loiaux amys et eydanz countre tout homme sauue lesglise de Rome en tiele manere que si ascun ou pluseurs quicunques ils fuissent voloient deponticer [_sic_] empescher ou troubler les diz Roys es franchises es libertez priuileges es droiz es droitures ou es custumes de eux et de lour Roialmes qils serront bons et loiaux amys et aydanz countre tout homme qi puisse viure et morir a defendre gardir et mainterer[1369] les franchises les libertez les priuileges les droiz les droitures et les coustumes desusdites Excepte[1370] le dit Roy Dengleterre Monsieur Johan Duc de Braban en Brabant et ses heirs dessenduz de lui et de la fille le Roy[1371] Dengleterre et excepte pur le dit nostre seigneur le Roy de Fraunce excellent Prince Monsieur Aubert Roy Dalemaigne [et] ses heirs Roys Dalemaigne et Monsieur Johan Counte de Henau en Henau. Et que lun ne serra en consail ne en ayde ou lautre perde vie membre estat ne honur temporel [Mem. 12_d_] Monsieur Reymer Grymbaltz Meistre de la Nauie du dit Roy de Fraunce qi se dit estre Admiral de la dite Meer deputez per soun seignur auantdit pur sa guerre countre les Flamaings apres la dite alliaunce faite et affirmee et[1372] contre la fourme et la fource de meisme lalliance et lentencion de ceux qi la firent loffice deladmiralte en la dite Meer Dengleterre[1373] par commission du Roy[1374] de France torsenousement enprist et usa un an et plus en parnant les gentz et[1375] marchantz du Roialme Dengleterre et daillours par la dite meer passanz euesque leur biens[1376] et les gentz ansi prises liuera a la prison de soun dit Seignur le Roy de Fraunce et lour biens et[1377] Marchandises a les Receiuours par meisme celui Roy de Fraunce[1378] a ce[1379] deputez en les Portz de soun dit Roialme come a lui forfaites et acquises fist amener par soun iuggement et agard[1380] et la prise et detenue des dites gentz oue[1381] lour diz biens et marchandises et soun dit iuggement et agard sur la forfaiture de eaux et acqueste[1382] ait Justice deuant vous Seignurs Auditours en escript par my lautorite de la[1383] dite commission sur ladmiralte auantdite par lui ansi vsurpee et par my vne deffense communement faite par le Roy[1384] Dengleterre par my soun poer solonc la forme du[1385] tiers article de lalliaunce auant dite qi contient les paroles desouzescriptes en requerant que de ce il en fuisse quitz et assouz en grant damage et preiudice du dit Roy Dengleterre et des Prelatz et Nobles et autres desusnomez par quoy les diz procureurs en les nouns de lour diz Seignurs[1386] Auditours auantdiz prient que deliuerance dewe et hastiue des dites gentz ouesqe leur biens et marchandises ansi prises et detenues facez estre faite al Admiral du dit Roy Dengleterre a qi la conisance de ce appartient de droit sicome desus est dit ansi qe[1387] sans destorbance de vous et dautri[1388] puisse de ce conustre et faire ce qe appartient a soun office auant dit et qe le dit Monsieur Reyner soit condampne et destreint affaire dewe satisfaction a tous les diz damagez si auant come etc.[1389] Item vous requirent les diz procureurs que come solone les anxnienes[1390] loys franchises et coustumes du Roialme Dengleterre a la garde des queles vostre dit seignur le Roy et ses auncestres Roys Dengleterre soloient estre liez par lour sermentz Lour Admirals de la Meer Dengleterre oue[1391] les Maistres et Mariners nefs[1392] des Portz de la Marine Dengleterre esteans en les[1393] armees des diz Admirals ne deuoient[1394] respondre deuant nuls Justices des Roys auantdiz[1395] sur fais en la Meer susdite durans lours[1396] guerres countre lour enemis et le dit Admiral vostre dit seignur le Roy et plusours des Maistres et Mariners des Portz auantdiz ore esteans en sa Armee countre les[1397] enemis Descoce et lour aydans et alliez par expres mandement de vostre dit seignur le Roy soiient accusez deuant vous par gentz de Normandie et de Bretaigne et daillours sur ascuns faitz en la dite Meer en temps de trewes et puis la pees afferme entre les diz Roys Dengleterre et de Fraunce et auant la guerre comencee entre eaux a ce qest dit. Vous plaise surseer es proces countre eux ia comencee et deporter de comencer nouel durant la guerre susdite ansi qils naient mestier de se[1398] complaindre a vostre dit seignur et as Prelatz et Nobles de soun dit Roialme par leur serment liez a les dites loys franchises et coustumes garder et maintenir.

APPENDIX B.

(P. 49.)

PROCEEDINGS BEFORE THE AUDITORS DEPUTED BY THE KINGS OF ENGLAND AND FRANCE FOR THE REDRESS OF THE GRIEVANCES BETWEEN THE SUBJECTS OF THE TWO COUNTRIES. 27-33, Edw. I.

(Abstract of Chancery Miscellaneous Roll. Bdle. 5, No. 6.)

RICHARD BUSH _against_ REYNER GR MAUS.

LIBEL (_Libellus_).

Richard Bush of London complains that a ship called “la Blacog̃” of London, going from Winchelsea to Dieppe in August 1301, containing goods to the value of £157, was attacked by Michel de Navere and others of Calais, and his said goods taken thither and there disposed of by said Michel and Henry de Ganewe. Said Richard demands restoration of goods and £20 damages.

DENIAL (_Contestatio negativa_).

The said “Cheual̃” asserts that he was not in that country at the time specified, nor for nearly a year afterwards.

REJOINDER (_Repplicatio_).

To the answer of the “chevalier” that he was not admiral till some time after the events specified, the attorneys of said Richard reply that they will advise with their master as to the truth.

William Bush of London loaded a ship called “la Mariote de Seland” at Antwerp for London with goods to the value of £175, 17s. 8d. Michel de Nauere and others of Calais came with three galleys to the foreland of Thanet at the mouth of the Thames in May 1298; took said ship to Calais and there disposed of the goods by the aid of Henri de Ganewe. Said William demands restoration and £20 damages.

To the demand of William Bush the said John[1399] replies “en la maniere q̃ il fait a la demande Cecile,”[1400] that it does not concern him, but “mos̃ Henri et Michel de Nauare.”

Said William further complains that he loaded a ship called “la Blithe” of London in Brabant for London with goods, value £40. John Pederogh seized them at the mouth of the Thames in July 1303, took them to Calais, and there disposed of them by the aid of Edward de Mabusshon. William demands restoration and £8 damages.[1401]

Said John replies that at the time specified he was not on the sea at all but in Paris or on the road to Calais.

THOMAS CROS _against_ JOHN PAYDRO.

LIBEL.

Thomas Cros of London, executor of the will of Thos. Cros his father, who was executor of Henry Box of London, complains that said Henry loaded the ships William le fiz Henri, Godefroi de Duffle, Michel de Middelborgh, Johan Athelard, Johan le Chaundeler in London, to go to Brabant (which ships were of Brabant) with goods value £672; Michel de Nauuere and others of Calais with three galleys seized said ships off the foreland of Thanet in May 1298, took the goods aforesaid from said ships and in their galleys to Calais, and there disposed of them by the aid of Henry de Genewe. Said Thomas Cros demands restoration and £100 damages.

EXCEPTION REQUIRING DELAY (_Excepc̃o dilatoria_).

The said John says it is not for him to reply, as the complaint concerns not him but mos̃ Henri de Genes and Michel de Nauare, who are abroad where they cannot be had.

“Watier le Hert de Mallins” and Rose de Salisbery of London loaded at London a ship called the Johan Azelard de Mallins with goods value £28, 19s. 2d. Michel de Nauare and others of Calais with three galleys seized said goods out of said ship, then anchored off the foreland of Thanet (May 1298), took them in their galleys to Calais, and disposed of them by the aid of mons̃. Henri de Genewe. Said Watier and Rose demand restoration and £6 damages.

Cecile atte More of London loaded at London for Brabant the ships William Petersone of Seland, William Henriessone of Seland, Johan le Chandeler, with goods value £158, 19s. Michel de Nauere and others of Calais in May 1298 seized said goods out of said ships (then anchored off Thanet) and disposed of them at Calais by the aid of Henri de Genewe. Cecile claims restoration and £20 damages.

Cecile atte More complains that in July 1303 Johan Pederogh and others seized goods of the said Cecile at the mouth of the Thames out of a ship called “la Blithe de Londres” coming from Brabant, and disposed of them at Calais by the aid of mos̃ Edward de Mabusshon: value £10. Cecile prays restoration and 40s. damages.

Said John replies that at the date specified he was at Paris or on the road to Calais, and not on the sea at all.

Thomas atte Hurst of London loaded at Berwick the “Distaf de Haneford” for London, with goods to the value of £11, 18s. 8d. They were seized by men from Calais off Blakeney on the Tuesday after Saint Bartholomew 1303,[1402] and disposed of at Calais. Thomas prays restoration and damages.

The said John [_sic_] says that the above demand concerns “mi sire Reniers de Grimaus” only, for he was then admiral, and said John was on shore at the date specified. Said John was only in the company of said Reniers “en Sellande et en Horlande.”

To the demand of Thos. atte Hurst touching goods seized from the “Distaf de Haneforde” by Johan Peidroge, Clay Clinkhamer, Piers Hues, and others in 1302 [_sic_], the said “Oudart” [_sic_] replies as he did to the claim of Alayn de Thorndon. [_See below._]

Aleyn de Thornden, burgess of “Lenn,” loaded a ship in Scotland belonging to Nichol de Caith̃ with goods value £133 for Brabant,--mons̃ Odard de Maubusshon, Johan Peidrgroge, Johan de la B..ge.lour, “soen frere Lani yacop” Gusse Odin, Johan le parker, vaaseur le Mariner, Hirnolet le Man and Petre le Puttere, in August 1304 seized the ship off Kirkele, killed the crew, and disposed of ship and goods at Calais. Aleyn demands restoration and damages, value in all £143.

The said John replies that he and others named in above plaint at the date specified were in Holland and Zeeland. “Car le iour de la Seint Laurence[1403] il se combatieront en Selande as Flamens as Baion̄ois et as Engleis qi estoient en lour aide.”

William Quineberge, burgess of Lynn, loaded his own ship, the “Nicholas,” at Lynn for Scotland with goods, value £35, 15s. 8d.--Odard de Maubusshon, Johan Perdroge, Johan Huard, Gusse Odin, Simond Danyn, Johan Allestein, Clay Clinchamer, Vaaseur le Mariner, Johan Paye, and Petre le Pottere in August 1303 plundered the ship off Scarborough, killed a mariner, and disposed of the goods at Calais. William demands restoration and £10 damages.

Adam Honson of Gloucester loaded the ship of “Williame de Douere” at Antwerp for England with goods, value £220. Odard de Maubusshon and Johan Peidroge of Calais, in September 1303, plundered said ship in sight of Dover, “et illoeques la Nief deliuereront al auant dit William de Douere” [_sic_]. Adam demands restoration and £60 damages.

Johan de Hetheye, William le Scherman, Rich. le Goldsmith, Johan le Blunt, Will. de Nesse, Johan Gode, and Wauter Top loaded the ship of William Gare called “Michele de Arwe” in London with goods, value £556, 3s. 8d., for Brabant.

Sire Reyner Grimbaud, admiral, on the high seas, the Sunday after Michaelmas 1303,[1404] seized said ship and goods and took them “a Roem en Normandie”; sent the crew to Calais, where some were put in prison, and one still remains. Plaintiffs demand restoration and £100 damages.

To the complaint touching “la Michele de Arwe,” seized on the Sunday after Michaelmas 1304 [_sic_], the “chiualer” confesses he took such a ship in that year but not of the value named: “ains fu prise la dite Nief a la Suyne a la pointe du Jour oue poer des enemys as Ancres.” He seized it rightfully, the said ship consorting with the enemies of France. The crew were taken, without force, and letters were found in the ship to those of Bruges concerning money to be received in that town; those put in prison all escaped except Johan de Masworth, who is still there. The “chiualer” deems both persons and goods forfeit to the King of France.

To the demand of John de Masworth for restoration of goods and liberty, the “chiualer” says he is in prison as a malefactor against the King of France, and that the commission of the deputies does not extend to such cases.

ADAM DE FULHAM _against_ JOHN PAYDROGE.

LIBEL.

Adam de Fulham of London complains that in the year 1302 men of Calais attacked the “Margarete de Jernemuth” off Orfordenessh going to London, killed the crew, and took the ship and goods to the value of £20 to Calais and there disposed of them. Demands restoration and damages.

DENIAL.

To the demand made by Adam de Fulham against said John and others touching violence done to him between “le Seint Martin et le Chaundeler” in 1302, said John replies as he did to Johan de Chelchethe.

EXEMPTION REQUIRING DELAY.

To another demand of said Adam, said John replies as he did to William Seruat.

JOHN DE CHELCHETE _against_ REYNER DE GRYMAUS.

LIBEL.

John de Chelchethe of London complains that in 1302 John Padrogh and others of Calais attacked the “Margarete de Jernemuth” off Orfordenessh, killed the crew, and took ship and goods to Calais. Demands restoration and damages, value in all £39, 5s. 8d.

EXEMPTION REQUIRING DELAY.

Said John Padrogh replies as he did to William Seruat.

EDMUND LAMBY ... _against_ JOHN PAYDROGE.

LIBEL.

Said Edmund complains as others have done concerning the “Margaret of Yarmouth.” His goods therein were of the value of £12.

GILBERT DE ASSHENDON _against_ JOHN PAYDROGE.

LIBEL.

Said Gilbert de Asshendon of London complains that the “Distaf de Haneford” loaded at Berwick for London was taken off Blakeney in 1303 (Tuesday after St Bartholomew). Demands restoration and damages, value in all £8, 10s. 4d.

DENIAL.

Said John replies that at the date specified he was on dry land at Calais.

To this demand against Johan Peidroge, Clay Clinkhanner, Piers Hues, Stace Swares, and Johan Huares, Oudart replies as he did to Alein de Thornden.

APPENDIX C.

(P. 65.)

LICENSE FOR FISHING AT THE “ZOWE” BANK IN THE CHANNEL.

(State Papers, Domestic. James I., Vol. 81, No. 3. 1615.)

Robert, Baron of Brancepeth, Viscount Rochester, Earle of Somersett, Lord Chamberlaine of his Ma^{te} householde, knyght of the most noble order of the Garter, and one of his Ma^{te} most honorable privie Counsell, provisionally deputed for the government of the Cinque Portes. To all to whom theis presentes shall come, Greeting, Knowe ye that I, according to the auntient ordinances and rules hertofore established and lately revived for the preservacon of the fishing betwixt the subiectes of the Easterne coast of the kingdome of great Britayne and the frenche Fishermen accoastinge those partes, Haue by theis presentes licensed and authorised Reynold Howgatt of the Towne of Treporte, Fisherman, M^r of one Fisherboate called the Don de Dieu of about fourteen tonnes, with all her Company and servants of the same Boate, To Fishe at the place called the Sowe upon the English coast and elsewhere upon that coast, in the same sorte as any one of those five boates heertofore tollerated and privileged out of respect for the service of the Frenche king his excellent Ma^{tie}, for all sortes of Fishe without restrainte of season, soe the same be done and performed with nettes and engines lawfull and accustomed by the English subiectes of that coast. Requiring you and every of you whom it shall concerne not onely to permit and suffer him and his sayd servantes soe to doe without any your unnecessary lett or impeachement. But alsoe to yeilde him and his company all lawfull favor and assistance therein as they shall have occasion, bearinge themselves orderly and peaceably and observing the rules and ordinances sett downe and established for that coast fishing as aforesaid under the penalties therein expressed and conteyned. This license is to endure but untill the first daie of August w^{ch} shalbe in the yeare of our Lord God 1616.

Geven under the Seale of Office at Douer Castle the sixt daie of July in the thirteenth yeare of the reigne of our Souereigne Lord, James, by the grace of God of Great Britaine, Frannce, and Ireland, king, Defender of the fayth, &c.

(Sd.) R. SOMERSET.

A la nominac̃on du Mouns^r Villares Houden gouern^r du Chatiau et ville de Diep et suit du Roy de Fraunce.

APPENDIX D.

(P. 119.)

PROCLAMATION FOR REUOCATION OF MARINERS FROM FORREINE SERUICES.

(A Booke of Proclamations, published since the beginning of his Majesties most happy Reigne ouer England, &c., Vntill this present Moneth of Febr. 3, Anno Dom. 1609 [1602-1612].)

Whereas within this short time since the Peace concluded betweene vs and the King of Spaine and the Archdukes our good brothers, it hath appeared unto vs that many Mariners and Seafearing men of this Realme hauing gotten a custome and habite in the time of the Warre to make profite by Spoile, doe leaue their ordinary and honest vocation and Trading in Merchantly Voyages, whereby they might both reape conuenient maintenance, and be seruiceable to their Countrey, And doe betake themselues to the seruice of diuers forreine States, vnder the title of men of Warre, to haue thereby occasion to continue their vnlawful and vngodly course of liuing by spoile vsing the seruice of those Princes but for colour and pretext, but in effect making themselues commonly no better then Pirats to robbe both our owne Subiects their Countreymen, and the subiects of other Princes our neighbours, going in their honest Trade of Merchandize: By which courses they doe impeach the quiet traffique of Nations one with other, leaue our Realme vnfurnished of men of their sort, if we should haue cause to vse them, and inure themselues to an impious disposition of liuing by rapine and euill meanes, although by reason of the Uniuersall peace wherein wee are at this present with all Christian Princes and States, they may haue a more plentifull employment in an orderly and lawfull Nauigation, then at any time of late yeeres they could haue had: We haue thought it necessary in time to preuent the spreading of such a corruption amongst our Subiects of that sort and calling, whereby our Nation will be so much slandered, and our Realme so greatly disaduantaged. Wherefore we doe will and command all Masters of ships, Pilots, Mariners, and all other sort of Seafearing men, who now are in the Martiall seruice of any forreine States, that they doe presently returne home into their owne Countrey, and leaue all such forreine Seruices, and betake themselues to their vocation in the lawfull course of Merchandize, and other orderly Nauigation, upon such paines and punishments as by the Lawes of our Realme may be inflicted upon them, if after this declaration of our pleasure, they shall not obey. And we doe also vpon the same paines straitly charge and command al our Subiects of that profession, that none of them shall from hencefoorth take Letters of Marke or Reprisall, nor serue vnder any that hath such Letters of Marke or Reprisall from any forreine Prince or State whatsoeuer, Nor otherwise employ themselues in any warlike Seruices of any forraine State vpon the Sea, without speciall License obtained from our selfe, or from our high Admirall, as they will answer the contrary at their perils.

And forasmuch as although we are in Peace with all Christian Princes and States, yet during the continuance of the Warre betweene the King of Spain and the Archdukes on the one side, and the vnited Prouinces of the Low-Countreys on the other side, many chances may happen, as some already haue happened, of difficult interpretation to our Officers and Subiects how to behaue themselues in such cases, vnlesse they be explained vnto them: We haue thought it conuenient to make an open declaration how our said Officers and Subiects shall demeane themselues towards the Subiects aswell of the King of Spaine and Archdukes, as also of the States vnited in the cases following.

First our pleasure is, That within our Portes, Hauens, Rodes, Creekes, or other places of our Dominion, or so neere to any of our sayd Ports or Hauens, as may be reasonably construed to bee within that Title, Limit, or Precinct, there shall be no force, violence, surprise, or offence suffered to be done either from Man of warre to Man of warre, or Man of warre to Merchant, or Merchant to Merchant of either party, but that all of what Nation soeuer, so long as they shall bee within those our Ports and places of our Jurisdiction, or where our Officers may prohibite violence, shall bee vnderstood to be under our protection to bee ordered by course of Justice, and be at peace each with other.

And whereas some of the Men of warre of ech side haue vsed of late, and it is like will vse in time to come, though not to come within our Ports, because there they know wee can restraine violence, yet to houer and hang about the skirts of our Ports, somewhat to Seaboard, but yet so neere our coastes and the entrie of our Harbours, as in reason is to be construed to be within the extent of the same, and there to await the Merchant of the aduerse part, and doe seaze and take them at their going out of our Ports, which is all one in a manner, as if they tooke them within our Port, and will bee no lesse hinderance to the trade of Merchants: Our pleasure therefore and commaundement is to all our Officers and Subiects by Sea and Land, That they shall prohibite, as much as in them lyeth, all such houering of Men of warre of either side, so neere the entrie of any of our Hauens or our Coastes, And that they shall rescue and succour all Merchants, and others that shall fall within the danger of any such as shall await our Coastes in so neere places to the hinderance of Trade and Traffique outward and homeward from and to our Kingdomes. And for the better instructions of our Officers in the execution of these two Articles, Wee haue caused to be sent to them plats of those Limits, within which we are resolued that these Orders shalbe obserued.

And where it hath happened, and is like to doe often, that a Ship of warre of the one side may come into some of our Ports, where there shall bee a Merchant of the other side: In such case, for the benefit and preseruation of the lawfull Trade of Merchants, Our pleasure is, That all Merchants Ships, if they will require it, shall bee suffered to depart out of the sayd Port, two or three tydes before the Man of warre, to the intent that the Merchant may bee free from the pursuite of his aduersary. And if it so happen, that any Ship or Ships of warre of the one side, doe finde any Ship or Ships of warre of the other side in any our Ports or Roades aforesayd; Like as our pleasure is that during their abode there, all violence be forborne: So doe wee likewise commaunde our sayd Officers and Subiects both on Sea and Land, That the Ship of warre which came in first, bee suffered to depart a Tyde or two before the other which came in last, And that for so long time they shall stay and detaine any Ship of warre, that would offer to pursue another out of any our Ports immediately.

And where [_sic_] wee are infourmed, that notwithstanding the seueritie of our Lawes against receiuers of Pirats goods, many of our Officers of our Ports and other inhabitants within and neere vnto them, doe receiue dayly Goods brought in from Sea by such as are indeed Pirats, if they, and the getting of their Goods were well examined: We doe hereby admonish them all, to auoyd the receiuing or buying of any Goods from Sea, coming not into the Realme by lawfull course of Merchandise, for that they shall finde, wee are resolued so to preuent all occasion and encouragement of Pirats to bee vsed by any our Subiects as wee will cause our Lawes to bee fully executed according to their true meaning, both against the Pirats, and all Receuiers and Abetters of them, and their Goods.

Giuen at Thetford the first day of March, in the second yeere of our Reigne of Great Britaine, France and Ireland.

Anno Dom. 1604.

APPENDIX E.

(P. 120.)

DECLARATION OF JURY OF THE TRINITY HOUSE AS TO THE LIMITS OF THE KING’S CHAMBERS.

(State Papers, Domestic. James I., Vol. 13, No. 11. 1605.)

A note of y^e Headlandes of England as they beare one from another agreeing with the plott of y^e Description of y^e Countrye as followeth.

From Holy Iland to the Sowter is South South east. From the Sowter to Whitby is Southeast. From Whitby to Flamborough head is Southeast, and half a point Southerly. From Flamborough head to the Sporne is Southeast easterlie. From the Sporne to Cromar is Southeast, and by East. From Cromar to Wynterton nes is Southeast and by South. From Wynterton nes to Caster nes is South South east. From Casternes to Layestof is South. From Layestof to East nes is South, and half a point to the Westward. From Eastness to Orforthnes is South and by West. From Orforth nes to the North foreland is South, and one third of a point to the Westward. From the Northforland to the Southforeland is South. From the Southforeland to Dungnes is Southwest and one fourth part of a point to y^e Southwards. From Dungnes to Beache is West Southwest, and one fourth part of a poynt to the Southwards. From Beache to Dune noze is West Southwest, and three quarters of a point to the Westwards. From Dune noze to Portland is West and by South Southerly. From Portland to the Start is West Southwest and one fifth part of a point to the Westwards. From the Start to the Ramme is West, and one fourth part of a point to the Northwards. From the Ramme to the Dudman is West Southwest, and one sixt part of a point to the Westwards. From the Dudman to the Lizard is West Southwest, and one third part of a point to the Southwards. From the Lizard to Lands end is West Northwest Northerly. From Lands end to Milford is North and two third parts of a point to the Eastwards. From Milford to S. Dauids head is North and half a point to the Westwards. From S. Dauids head to Beardsie, is North and by East, and one eight part of a point to the Eastwards. From Beardsie to Holly head is North, and one sixt part of a poynt to the Westwards. From Holly head to the Ile of Man is North and by East, and one fifth part of a point to the Northwards.

* * * * *

Wee whose names are heerevnder written being called before the right worshipfull Sir Julius Cesar, Knight, Judge of the Kings Majesties Highe Court of Admiraltie, and there impanelled, and sworne vpon a Jurie to sett downe the bounds, and lymits, howfarre the Kings Chambers, Hauens, or Ports on the Sea coasts doe extend; Do heereby certifie, and sett downe (according to our best knowledge, and vnderstanding) that his Highnes said chambers, Hauens, or Ports are all the Seacoasts within a straight lyne drawne from one head land to the next head land throughout this realme of England. And for the better vnderstanding thereof haue made a plott of the same, and haue therevnto prefixed this our Schedule, shewing how euerie head-land doth beare vpon a right lyne the one from the other according to the said Plott. Dated the 4. of March A^o. D^i. 1604 [1604/5] And in the second yeare of the reigne of our Souueraigne Lord King James, &c.

(Signed) Thomas Milton. William Bygate. John Burrell. William Jones. Peter Hilles. Michael Edmondes. James Woodcolt. Thomas Beast. William Juye. John Skynner. John Wyldes. Henry Hauken. William Cace.

APPENDIX F.

(P. 148.)

PROCLAMATION OF JAMES I. FOR THE RESTRAINT OF FOREIGNERS FISHING ON THE BRITISH COASTS.

(A Booke of Proclamations, &c. 1609 [1602-1612].)

James by the Grace of God King of Great Britaine, France and Ireland, Defender of the Faith, &c. To all and singular persons to whom it may appertaine, Greeting. Although we doe sufficiently know by our experience in the Office of Regall dignitie (in which by the fauour of Almighty God, we haue bene placed and exercised these many yeres) as also by the obseruation which wee haue made of other Christian Princes exemplary Actions, how farre the absolutenesse of Soueraigne power extendeth it selfe, And that in regard thereof we need not yeeld accompt to any person under God, for any action of ours, which is lawfully grounded upon that iust prerogatiue: Yet such hath euer bene, and shalbe our care and desire to give satisfaction to our neighbour Princes, and friends, in any Action which may haue the least relation to their Subiects and Estates, as we haue thought good (by way of friendly premonition) to declare unto them all, and to whom soeuer it may appertaine, as followeth.

Whereas wee haue bene contented since our comming to the Crowne, to tolerate an indifferent and promiscuous kinde of libertie to all our friends whatsoeuer, to fish within our streames, and vpon any of our coasts of Great Britaine, Ireland, and other adiacent Islands, so farre foorth as the permission or vse thereof might not redound to the empeachment of our Prerogatiue Royall, nor to the hurt and damage of our louing Subiects, whose preseruation and flourishing estate we hold our selfe principally bound to aduance before all worldly respects: So finding that our conniuence therein, hath not onely giuen occasion of ouer great encrochments vpon our Regalities, or rather questioning for our Right, but hath bene a meanes of much dayly wrongs to our owne people that exercise the trade of Fishing as (either by the multitude of Strangers, which doe preoccupy those places, or by the iniuries which they receiue most cõmonly at their hands) our Subiects 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 themselues to some other course of liuing, whereby not onely diuers of our Coast-townes are much decayed, but the number of Mariners dayly diminished, which is a matter of great consequence to our Estate, considering how much the strength thereof consisteth in the power of Shipping, and vse of Nauigation: We haue thought it now both iust and necessary (in respect that wee are now by Gods fauour lineally and lawfully possessed, aswell of the Island of Great Britaine, as of Ireland, and the rest of the Isles adiacent) to bethinke our selues of good lawfull meanes to preuent those inconueniences, and many others depending vpon the same. In the consideration whereof, as we are desirous that the world may take notice, that we haue no intention to deny our neighbors and Allies, those fruits and benefits of Peace and friendship, which may be iustly expected at our hands in honour and reason, or are affoorded by other Princes mutually in the point of Commerce, and exchange of those things which may not prooue preiudiciall to them: So because some such conuenient order may be taken in this matter, as may sufficiently prouide for all these important considerations which doe depend thereupon; Wee haue resolued first to give notice to all the world, That our expresse pleasure is, that from the beginning of the Moneth of August next comming, no person of what Nation or qualitie soeuer, being not our naturall borne Subiect, be permitted to fish vpon any of our Coasts and Seas of Great Britaine, Ireland, and the rest of the Isles adiacent, where most usually heretofore any fishing hath bene, untill they haue orderly demanded and obtained licenses from vs, or such our Commissioners, as we haue authorised in that behalfe, viz. at London for our Realmes of England and Ireland, and at Edenborough for our Realme of Scotland: Which Licenses, our intention is, shall be yeerely demanded, for so many Vessels and ships, and the Tonnage thereof, as shall intend to fish for that whole yeere, or any part thereof, vpon any of our Coastes and Seas as aforesaid, vpon paine of such chastisement, as shalbe fit to bee inflicted vpon such wilfull offendors.

Giuen at our Palace of Westminster, the 6. day of May, in the 7. Yeere of our Reigne of Great Britaine, &c.

Anno Dom. 1609.

APPENDIX G.

(Pp. 169, 196.)

INSTRUCTIONS BY THE PRIVY COUNCIL OF SCOTLAND FOR THE LEVYING OF THE “ASSIZE-HERRINGS” FROM FOREIGN FISHERMEN.

(Register of the Privy Council of Scotland, vol. xi. p. 592.)

Instructionis givin be the Lordis of Secreit Counsall to Mr Johnne Fentoun, his Majesteis commissionar, who is directit to demand his Majesteis rent of assyse and teynd frome these of Holland, Zeland, Hambruch, Ambden, Rustock, and all utheris strangeris haunting the trade of fisching in his Majesteis seas during this present yeir.

In the first, yow sall prepair your selff and mak you reddie in goode and comelie ordour and equippage and with all possibill haist to go in his Majesteis schip callit _The Charles_, quhairof David Murray is capitane and commander, towardis the North Seas of this Kingdome, quhair the Hollanderis and utheris strangeris hes thair fisching: And at your arryveall thair yow salbe cairfull to inquyre and informe yourselff of the names of the admirallis and vice-admirallis attending the flott, and of the names of thair schippis, of quhat townes and provinceis they ar, and quhat nomber of wauchteris and buscheis is sent oute be every towne, province and estate to attend thair fischeing.

Yow sall be vertew of your commissioun, and attending to the tennour thairof, demand frome the saidis admirallis, and, incaice of thair absence, frome the vice-admirallis, and frome tua or thrie of the waughteris and busches of every estate, his Majesteis rent of assyse and teynd specifeit and contenit in your commissioun for the haill fischeis tane and slayne be thame in his Majesteis watteris and seas this yeir. And yow sall use this requisitoun and demand in fair and gentill termes and with modestie and discretioun.

Yf thay contravert with yow anent the quantitie of this dewytie, yow sall not dispute that poynt with thame, bot, if they mak offer of ane smaller dewytie, althoght it wer bot ane angell for every busche overhead, yow sall accept of thair offer.

Yf thay sall mak offer of the fische outher for the teynd or assyse, yow sall accept of thame, and, gif yow find ony countrey vessellis or boittis thair, yow sall send for thame and putt the fische in thame.

Yf they gif unto yow a delaying answer and crave tyme and laiser to send to thair superiouris to be advyseit with thame, yow sall accompt of thair delay as ane refuisall, and accordinglie accept sua of it.

Yf it be objectit unto yow that all the busches ar not of a lyke burdeyne, and that consequentlie they aucht not to pay a lyke dewytie for assise and teynd, yow sall in this caise gif defalcatioun to the smaller busches according to your discretioun and be the aduyse of the admirallis, gif thay will concur with yow in that erand; provydeing alwayes that the smallest dewytie to be taine be yow for every busche be not within ane angell.

Yf the admirallis or vice-admirallis for every toun, estate, or province will aggrie with yow for the haill busches under thair charge, yow sall aggrie with thame and gif unto them acquittanceis in name of the haill that thay tak burdeyne for; bot, yf thay remitt yow to deale with every busche apairt, yow sall do the same and gif acquettanceis accordinglie.

Yf refuisall salbe maid unto yow of his Majesties rent and dewytie, yow sall tak instrumentis upoun the said refuisall without forder contestatioun; and, gif obedience be givin and payment accordinglie maid, yow sall lykwayse take instrumentis thairupoun.

Yow sall informe the saidis admirallis, and, incaice of thair absence, the saidis vice-admirallis, of the complaint maid to his Majesteis Counsall be his Majesteis subjectis of Zetland anent the greit oppressioun committit upoun thame be divers personis of the floitt who comes aschoir upoun thair illis of Halff Grunay, Wedderholme, South Grunay, and Lungya, and upoun divers utheris pairtis of the countrey, quhair thay not only enter in kirkis, dimolischeis and brekis doun the daskis and seattis within the same and schamefullie abuses the same, to the offence and dishonour of God, bot with that thay spoyle the countrey people of thair scheip, geis, hennis, eggs, and suche uther commoditeyis as they find upoun the ground, and sumtymes invaidis and persewis thame of thair lyveis; and thairfoir yow sall crave redres and reparatioun to be made for thir wrangis and that the lyke be forborne in all tyme coming.

APPENDIX H.

(P. 251.)

REGLEMENT FOR PREVENTING ABUSES IN AND ABOUT THE NARROW SEAS AND PORTS.

(State Papers, Domestic. “James I., Vol. 11, No. 40. 1604.” Charles I., Vol. 279, No. 18. 1634.)

His most Excellent Ma^{ty} taking into his Royall Consideration, upon the frequent Complaints, as well of his own Subjects, as the Subjects of other Princes and States in Peace and Amitie with his Ma^{ty}. That his Seas (commonly called the four English Seas) are more infested now a days then heretofore, by men of Warre and such others, who living by spoile haunt those Seas, with ships and vessels of strength warlikely appointed to gett prey and booties, whereby not only his Ma^{tye’s} own Subjects and the Subjects of his friends suffer manifold losses, violences and Injuryes in their persons, ships and goods, but also divers strange Insolencyes indignityes and contempts are committed, tending indirectly and by consequence to the denyall and impeachment of that Soveraignety and especiall and peculiar Interest and property, w^{ch} his Ma^{ty} and his Predecessors time out of mind have had and enjoyed in the said Seas, and soe approved not only by the fundamentall Lawes of this his Kingdome, but by the acknowledgement and assent of the bordering Princes and Nations, as appeareth by undoubted Records. His Ma^{ty} out of his Princely wisedome and providence (with the Advice of his Privy Councell) hath thought it most necessary, as well for vindicating his own honour and right in the said Seas, as in point of Justice for securing the passage of his Subjects and friends to and frõ his harbours and Ports, and all other Ports [? parts] of his Dominions, to make this open declaration ensuing.

1. That notwithstanding the continuance of y^e war between the K. of Spaine on the one side, and the United Provinces of the Low Countryes on the other side, his Ma^{ty} doth streightly prohibite any force, violence, surprize, or offense to be done or attempted either frõ Man of Warre to man of Warre, or man of Warre to Merchant, or Merchant to Merchant of either Party within the limits w^{ch} his Ma^{ty} will cause to be described in a Plott for that purpose, but that all of what Nation soever soe long as they shall be upon those places or Seas aforesaid, especially within such limits, shall be understood to be under his Ma^{tyes} Protection, and obliged to be at Peace each with other.

2. Because it appeareth that an especiall occasion of the mutuall spoiles and acts of hostility executed by the said men of Warre each upon other and sometimes upon his Ma^{tyes} own Subjects, or the Subjects of other Nations w^{ch} are in Amity with the Soveraignes of the Spoilers, ariseth from the opportunity w^{ch} the said Men of Warre have by continuing and abiding in havens, Sea-shoares or Sea-Roades and other harbours of his Ma^{tyes} Kingdomes, whence they gett intelligence of ships and vessels outward and hitherward bound, and accordingly assayle them, where it is most for their advantage, to the great hindrance and interruption of free Commerce and Entercourse, His Ma^{tyes} Will and Pleasure is, That, for the reasons aforesaid, noe shipps of Warre, belonging either to the K. of Spaine, or any his Subjects, or to the said United Provinces, or any of their Subjects shall be permitted or allowed to come, enter, repaire, or arrive in or to any of his Ma^{tyes} Towns, Citties, Sea-Shores, Havens, Harbours, or Sea roades, whatsoever, or there to abide and continue, except they happen to be constrained either by force of Tempest, or buying of Victualls, or other things, or for repairing of shipping, so that they doe no hostile act in the said Places, but demeane themselves honestly and quietly as it becometh Confederates and friends, and so as they stay and remaine not in and about the said Ports any longer then shall be needfull for reparation, and Provision of necessaryes.

3. Albeit his Ma^{ty} doth justly challenge Soveraignety and property in all those his Seas farre beyond the limits hereafter to be described and might with like Justice require from all persons using those his seas a forbearance frõ Injuryes and all hostile actions, yet (in and through all the same) sodenly to tye the hands of his friends and Allyes in open hostility each with other is not for some reasons held convenient at this time. And therefore to avoyde all difficultyes and Colour of Controversies that may be stirred concerning the bounds and extent wherein his Ma^{ty} now professeth to yeild Peace and Security to his friends and neighbours, desiring the same, his Ma^{ty} purposeth to send Plotts of those limits to be affixed in the most publique places of his chiefest Sea-Towns and harbours.

4. Because it is very like, that during the continuance of the Warre betweene the K. of Spaine, and the United Provinces as is aforesaid, each Party may gaine and acquire frõ other in places out of the aforesaid Limitts, ships, and goods, His Ma^{ty} doth declare, That as he will afford to the conquering Partyes, free passage through his Seas for themselves, their ships and prizes, and like free accesse and repaire to all his Ports and harbours, and safe aboad and continuance in the same during their occasions, so his Ma^{ty} shall not understand it to be any breach of his Peace, or violation of that Security w^{ch} he intendeth to mainteine, if the enemyes of the conquering Party shall reconquer or regaine the said Prizes, before the conquering Party shall have brought his said Prizes within any of his Ma^{tyes} harbours, or when after they shall have departed with the said Prizes homewards, or elsewhere from the said harbours, the right of Warre and Law of Nations giving like allowance to either of the said hostile actions, Provided always, that his Ma^{ty} doth not mean hereby to derogate from the Jurisdiction of his Court of Admiralty, but if any action (in forme of Law) shall be lawfully instituted and duly presented in the Admirall Court ag^t the said Prizes and the Takers thereof, his Ma^{ty} will cause Justice to be administred in that behalfe with all possible expedition.

5. Whereas mention is often made in the premisses of his Ma^{tyes} Protection within the aforesaid bounds and limits, his Ma^{ty} is now pleased further to expresse his Intention and meaning to that effect, viz. That he shall readyly give his Letters of Safe Conduct under the Great Seale of his Admiralty to any the Subjects of the Princes or States in league and Amity with his Ma^{ty} desiring the same from the Lords Commiss^{rs} of the Admiralty, to whom his Ma^{ty} will referre the Consideration and allowance of such Petitions, the said Letters of Safe Conduct to be conceived in the best forme. And if any man of Warre or other Person whatsoever shall assault or use any violence to any ship or vessell, or the persons therein, within the limits aforesaid his Ma^{ty} will hold such offender being lawfully convicted thereof for a Pirate, and will cause his Officers to inflict such punishment thereupon, as in Cases of Piracy is usuall, if the said offenders can be apprehended within any his Ma^{tyes} Countrey or Dominions, or any other, or any other ships or goods belonging to them, To w^{ch} purpose his Ma^{ty} will cause notice to be given from the Court of his Admiralty to all his Officers in Ports and Vice-Admiralls and Captaines of his Forts and ships, But if all this notwithstanding, the said offenders cannot be attached or apprehended, then the Party wronged, upon sufficient testimonyes to be recorded in the Court of Admiralty may take out of the said Court Processe, conteining a Monition for the said pretended offenders, to appeare in the Court of Admiralty within 4 moneths next after the date of the said Processe, there to answer for the pretended wrong or violence, the said Processes to be affixed openly in some eminent place of the Royall Exchange, London. And if the said offenders shall not render their bodyes to Justice, then upon faith made, that the said Processe was duly taken out, and the next day after the date thereof was publiquely affixed as is aforesaid, his Ma^{ty} will by his Letters of Request under his Privy Seale to the Soveraignes of the said offenders, or otherwise, pursue such further proceedings ag^t the said offenders, as is agreeable to the Custome amongst Sovereigne States and Princes and the Law of Nations in like Cases.

APPENDIX I.

(P. 289.)

REPORT OF THE ADMIRALTY TO CHARLES I. AS TO THE EMPLOYMENT OF THE SHIP-MONEY FLEET IN WAFTING AND SECURING FOREIGN MERCHANTS PASSING THROUGH HIS MAJESTY’S SEAS, AND IN PROTECTING FOREIGN FISHERMEN WHO ACCEPT THE KING’S LICENSE.

(State Papers, Domestic. Charles I., Vol. 313, No. 24.)

It may Please your Ma^{ty},

According to your Majesty’s commandment, wee, your Commissioners for ye Admiralty have mett and consulted on those two pointes which you were pleased to recommend to our consideration, touching the imploying of your fleete for yo^r Honor and Proffit. The one for the wafting and securing of Merchants that pass through yo^r Majesty’s seas. The other for protecting all such fishermen in generall as shall exercise that trade by your Majesty’s license upon yo^r seas and coastes.

The first of these that fell into debate was that concerning the fishing, and by S^r Henry Martin it was made evident vnto vs that y^r Ma^{ts} father of blessed memory in ... yeere of his Raigne, was, vpon long and mature deliberacion, satisfied and resolved, that the fishing in his Seas, and upon the coasts of his Dominions, did justly appertain unto him as a right incident to his Crownes, and that in pursuance thereof, he did then sett out his Royall Proclamation, thereby declaring his title, as allso his pleasure, that no stranger of what quality soever should presume to fish there without his expresse license, and so was graciously pleased in the said Proclamation to appoint, that for the Coastes of England and Ireland licenses should be given in London, and for those of Scotland in Edenborough.

And howsoever S^r Henry Martin did allso make it appear unto us that the States of the Vnited Provinces did at that time sende Commissioners into England who presented to his Majesty a paper contayning allegations by w^{ch} they did entend to prove continued custom and a present possession of that fishing, mentioning w^{t}all som treaties that had bene heretofore betwene the Kinges of Englande and the Dukes of Burgundy in fauor of that their fishing, yet upon the whole matter, and after due deliberation, wee were all of opinion and are so still, that the Right and Royallty of that fishing upon yo^r Ma^{ts} Coastes doth undoubtedly belong unto yo^r Majesty by inheritance, so you may iustly prohibit or license all strangers at yo^r Royall will and pleasure.

This being laid for the ground, wee proceeded (according to your Majesty’s directions) to the consideration of what was now fitting to be advised unto yo^r Majesty vpon this present occasion of yo^r strength at sea, and are all of opinion, that this season is most propper again not only to set on foote, but to putt in execucion that yo^r Majesty’s so iust clayme, so as then there only remayned our consultation _de modo_.

In this wee are now much guided by that which yo^r Majesty yo^r selfe was pleased to declare unto us concerning the protecting of all such fishers as shall take yo^r license. For it is most certain that the Hollanders will by no meanes be so much induced (be the right what it will) as by consideracions of their owne proffitt and safety. Wee therefore thought itt (and do most humbly offer it to yo^r Majesty as our opinion) that vnto the Minister or Ministers of the States residing here, it may be intimated and declared, that yo^r Majesty doth no way relinquish that iust right and clayme of inheritance to the Royall fishings, so divolved unto you from yo^r Royall Predecessors, but are resolved to defende it as the hereditary right and possession of any other yo^r Dominions. Yet least they should think you do now challenge it in a tyme that they have most neede of yo^r favor and grace, it may be tolde them, that it is farr otherwise, for whereas yo^r Majesty’s father did barely offer them licenses, you do now offer them safety and protection w^{t}all, and that w^{ch} further moved you to do it, in this season, is, that by a third Prince, they are of late interrupted and beaten from that fishing even in sight of yo^r Majesty’s harbours; wherein yo^r Majesty is prejudiced in honor and Interest, and they in Proffit.

That it is not vnknown to the States how much their enemies are resolved to interrupt that their fishing, as holding it a most certain way and meanes both to weaken and impoverish them.

That by taking licenses from yo^r Majesty you may justify the drawing yo^r sword in their defence, and likewise for the maintenance of the said licenses against any notwithstanding any league or treaty whatsoever, w^{ch} without that obligation might seeme a breach of that neutrality w^{ch} hitherto yo^r Ma^{ty} hath preserved in yo^r selfe.

And lastly wee tooke into consideration that in case the Hollanders shall willfully refuse to take those licenses upon so gracious and fauorable conditions from yo^r Majesty then we were all cleere of opinion, that yo^r M. should renew and publish the like proclamation to that of the King yo^r father, and prosecute the settling of that yo^r right as a thing so highly concerning you in honor, dominion and profit. And so we do humbly conclude this point, with advice, that all such licenses as shalbe granted, be rated according to the tonne or burden of the vessells, so to be licensed.

Touching that of the Wafting of Merchants strangers shippes that shall passe through yo^r Majesty’s seas, we are cleere of opinion that yo^r M. ought to have a profit by it, seeing that they are thereby preserved from oppression and ruine. But we are not of opinion that this profit should arise by way of a generall Imposition vpon all that passe: for that wold, doubtlesse, draw a iust complaint and clamor from yo^r neighbour Princes and their subjects. But that it should be taken of such as shall desire waftage, w^{ch} yo^r M. may direct not to be denyed to any of what Christian nacion soever that shall demande it, not being men-of-warre.

And because it wilbe a difficult matter to expresse in any Commission or Instructions a certain somme or duety to be taken of every ship so wafted, for that som shippes are rich, others of lesse value; som will require a short waftage, others a longer. Therefore we are of opinion, that for the value, much is to be left to the discretion of yo^r Majesty’s Generall and commanders, and that som honest hable men may be employed to keepe bookes, and to receave the moneyes of all those waftings w^{ch} shall occurr, and be accomptable and answerable for the same. [5 Feb. 1635/1636 Copy by Windebank.]

APPENDIX K.

(P. 389.)

ABSTRACT OF THE THIRTY-SIX ARTICLES PROPOSED BY: THE DUTCH TO ST JOHN AT THE HAGUE, 1651.

State Papers. Foreign. Treaty Papers (Holland), No. 46. 1651.

A Briefe Narrative of the Treatie at the Hague betweene the hono^{ble} Oliver S^t John, Lord Chiefe Justice of the Court of Com̃on Pleas, and Walter Strickland Esq. Embassado^{rs} extraordinary of the Parliament of the Com̃onwealth of England, to the great Assembly of the States Generall of the United Provinces begun upon the 20th of March 1650 [1651] and continued vntill the 20th of June 1651 and then broke of re infecta.

A Drafte of the Treatie which is to be made and entred into with the extraordinary Ambassado^{rs} of the Republique of England.

2.

[Sidenote: Confederated ffr^{ds} for defence &c. & against Dystourb^{rs} &c.]

That they shalbe, and remayne confederated friends, vnited, and allyed for the defence, and preservation of the Libertye and freedomes of each others people, and mutuall Com̃erce Navigacion,and Com̃on Interests against all those that shall endeavour to disturbe either of the States in the same by water or land in manner as is herevnder declared and expressed.

17.

[Sidenote: Libertie to dwell in each oth^{rs} lands & to enjoy equall p^{r}ivil^{ges} w^{th} the Natiues &c.]

The subiects, and Inhabitants on both sydes may com̃e, and dwell in each others lands reciprocallye, and take their setled residence there, have their owne houses there to dwell in, and their Warehouses for to bring their goods, wares, and Merchandizes thither, and also vse their trade, and com̃erce there in all securitye, and without hinderance of any one as well at sea, other waters, as at land, enioyeing there, and every where else, the same, privilidges, Libertie, and freedome, as the Inhabitants, and each others subiects doe respectively enioy there in their own Country, and in case any hinderances happen they shall really, and speedilye be removed.

18.

[Sidenote: Free libertie of Fishing &c.]

The subiects, and Inhabitants of either, of what qualitie, or condition soever they be, may sayle, and fish every where at sea freely, without any disturbance Licence, Patent, or Passe port, as well herring, as all other sorte of fish, great and small, and the sayd Fishermen being driven out of the sea by storme, Rovers, Enemyes, or any other accident, and coming in, or to any of the other Havens, or Jurisdictions shalbe well, and freindly receaved, and entreated, and may depart thence againe with their ships, fish, furniture for fishing, and other laedings, (in such case, and not haveing broak bulke there,) freely without payeing custome, or any the least duty.

19.

[Sidenote: No harboring of Pyrates &c.]

[Sidenote: Rouers & Coceal^{rs} to be punish^d & y^e ships & goods restored &c.]

For to make the free Navigation, and com̃erce, on the seas, Rivers, and every where more certeyne, the said Republicke, and Vnited Provinces, shall not receave, nor suffer, or permitt that any Pyrats, or Searovers, be receaved, kept, or harboured by their subiects, in their respective Havens, Lands, Cittyes, or Townes but shall cause as well the said cencealo^{rs}, as Rovers, to be persequuted, apprehended, and punished, for terrou^r to others as is fitt, and the roved ships, goods, Merchandises yet in Esse, and in being, yea though they were there sould, shalbe restored, or made good to the right owners, or to such as have their Assignm^{ts}, or Lett^{rs} of Attorney, who doe sue for, and reclayme the said roved ships, and goods, vpon a iuratory affirmation of the reclaymer till better proofe.

20.

[Sidenote: Sufficient securitie by those who goe out vpon particul^r com̃issions.]

All perticuler persons on either syde, that goe out upon perticular Com̄issions, shalbe bound before they may goe to sea, to put in sufficient securitie before the Judge of the place from whence he setts saile.

21.

[Sidenote: Both to set out Fleets for scouring the Seas &c.]

And to cleare the seas from all Pyrats, and Rovers, of what nation soever they bee, and to defend, and free the Libertie, and freedome of both the Nations Com̃erce, Navigation, and Freefishing as well in the North sea, Ocean, as Mediterranean sea, and all channells, and Streights ruñing betweene ’em; the sayd Republicke of England and the Vnited Netherlands shall provide and añually set out to sea a strong fleete at least of ... [_sic_] Vessells, and the like proportion of men, munition of warr, Victualls, and all necessary furniture, wherewith each vnder his owne Admirall, and flagg, shall crosse, and scoure the said seas, to witt those of England from ... vntill ... and those of the Lowe countryes from ... till ... beginning the first of ... and stayeing till the last of ... and shalbe bound to seaze on, and master all Pyrats that they shall meete with, the ships of either of the nations by them taken to restore to the true owners, and if it be needfull, and requisite to helpe, and seacond each other, each to keepe his taken bootye, or prises for himselfe, and so to cleare, and free the said seas, and channell, or straights from all Pyrats and searovers.

22.

[Sidenote: Each parties Fleetes to force to Reparacion hinders of y^e Com̄erce navigcion Fish^g &c.]

And for the further defence and advancem^t of the freedome, and Libertie of both the said Nations Com̃erce, Navigation, and freefishinge in the sayd seas, the sayd fleets and alsoe other men of warr, and com̃ission bearers on either syde, shall not only doe against Pyrats in manner aforesayd, but alsoe against all, and singuler persons, whatsoever they be that shall chance to trouble, molest, hinder, exacte, or against the Lawe of all nations burthen, or charge them, or either of them in the sayd freedome, Com̃erce, Navigation, and fishing. It is intended neverthelesse that the dampnifyed partie shall first, and aforehand complayne of the same to the undampnifyed partie, and endeavo^r together by all freindly waies, and intercession, that they who molested them doe make reparation to content, But if it be not so done, that then they shall seaze, take, and surprize in the said seas, not onlie with the said Fleete, but alsoe with all the strength of shipping which they can bring to sea the ships, and goods of the Cittie, and of her inhabitants, who have done the said trouble and so continewe vntill that the dampnifyed partye shall have gott full satisfaction, and every thing be putt agayne in full Freedome, that all dam̃age may be recovered, in case they chance to goe beyond or exceed their com̃ission, and charge.

23.

[Sidenote: Men of warr to protect y^e Merh^{ts} ships of each party or of y^e Allies &c.]

The men of warr of either partye meeting or overtakeing any Marchant shipp, or ships at sea, of the other partie, or of the others subiects, or of the Allyes (alsoe comprehended in this Treatye) and haveing both one course, or goeing both one way shalbe bound so longe as they keepe one course togeather to take them vnder their protection, and to defend them against all, and everyone.

24.

[Sidenote: Retaking of ships taken in one anoth^{rs} Havens.]

In case any shipp, or ships of eithers subiects, or of a Newter chance to be taken in the Havens, or Libertyes of the one or the other by a third partie, being no subiects of either partie, they in or out of whose Havens, or Libertyes the said ship, or ships shall be taken, shalbe bound to help with the other party, to endeavo^r that the sayd taken ship, or ships may be followed, brought back, and restored to the Owners, but all at the charges of the said Owners, or interessed.

25.

[Sidenote: Ships forced into Haven through any Misfortune may depart againe freely w^{th}out paying any Dutie &c.]

In case any Marchants ships of the subiects of either partye chance to com̃e to harbour in the Land of one or the other by tempest, or by pursuite of Searovers, or through any other necessitye, force, or misfortune, they may sayle out agayne from thence freely at their pleasure, without that they shall therefore be bound to goe on shoare, vnlade, or sell their Merchandizes there, nor to paye for the same any duties, or customes, it shall in such cases be enough if they shew their Maritine lett^{rs} and Passe ports without being subiect to any other search.

26.

[Sidenote: None to come into each oth^{rs} Havens w^{th} men of warr to a Number w^{ch} might cause suspition &c. w^{th}out Leaue &c.]

They may not come to, or in, nor stay in the Havens of each others Country with men of warr, and souldiers, to a number which might cause apparent suspition, or ill thoughts, without consent, or leave of those vnder whome the said Havens are, vnlesse they be driven by tempest, or forced to doe soe through necessitye, and to avoyd any dangers of the sea.

27.

[Sidenote: Oth^r men of warre to come & goe freely &c.]

For the men of warr of either syde, not being in soe great a number to cause any suspition, the Havens, rivers, and roades of either party, shall be alwayes open and free for to come in, there lye at Ancher, and sayle out agayne without any hinderance, or trouble; the sayd men of warr regulating themselves neverthelesse according to the lawes, and customes of the respective places.

28.

[Sidenote: Men of warre not to be searcht onely com̄ing into Hauens to shew their Com̄iss^{ns}.]

Provided neverthelesse that none of the men of Warr, or such as have Com̃ission on either syde, shalbe subiect to any search, or visitation there, or on the respective coasts, or alsoe in the full sea, further then only to shew each others Com̄issions, com̄eing into their respective Havens, and not otherwise.

29.

[Sidenote: Like libertie touch^g Prizes &c.]

All perticular Com̄ission bearers on either side, shall likewise enioy the same freedome, in respect of their owne ships, as alsoe of the prises which they shall have taken from their particular on the com̄on Enemy, for to bring the said prises to the place where they are bound according to their Com̄ission, which they shalbe bound to informe, or make knowne to the Officers of the place, or to paie any dutye vnto them, or any else there, they shalbe neverthelesse bound to shew their respective Com̄issions to the sayd Officers.

30.

[Sidenote: Goods of eith^r p^{ty} found in Enemies ships to be prize as well as y^e ships.]

The goods, wares, and merchandizes of the subiects, and inhabitants of either partie, laeden, and found in Enemyes ships shalbe vnfree, and prise as well as y^e ships.

31.

[Sidenote: No Assistance to Enem^s or Rebels by Cōtrab^{da} wares &c.]

[Sidenote: What serues for victuall or mainten^{a}nce of Life to be free &c.]

It is alsoe expressly agreed, that the parties Contracto^{rs} shall not give, nor suffer that out of their respective Countries, by their subiects, or other Newters any assistance be done to their respective enemies, or rebells, of any Contrabanda wares, or Marchandises, as are all manner of fyreworks, and what else belongs therevnto, as Cannon, Musketts, Morterpieces Petards, Guns, Granadoes, Sawsiges, ..., [?,] Rests, Bandeliers, Powder Match, Saltpeter, Bullets; all sortes of armes, as Pykes, swordes, Headpieces, Cuirasses, Holberds, and such lyke; as also souldiers Horses, horse furniture, Pistoll cases, Rapiers, Belts, and all furniture, fashioned, and made for vse of warr, with expresse meaning that vnder the name of Contraband, or forbidden goods, there shall not be comprehended wheat, Corne, and other grayne, Pease, Beanes, Wheat [_sic_: Meat?], Salt, Wyne, Oyle, nor generally all that serves for food, and maintenance of lyfe, but shalbe free, as other goods above mentioned, And any of the said Contraband goods, being found in each others ships, they may be confiscated after knowledge of the case before a competent Judge, without troubling any other Wares, or goods.

32.

[Sidenote: No carying of anie Portug^{ll} goods &c. vpon Penaltie of Losse of y^e ships &c.]

It is further bespoake, that the subiects, and inhabitants of either side, may not transporte, or carry any Portingall goods, wares, or Merchandises out of America, Asia, or Affrica, or into, or out of Europe, or one parte thereof to another, nor vice versâ from Europe to America, Asia, or Affrica, nor from one part of them to another, upon penaltye of losse of the same ships.

33.

[Sidenote: Ships cast away If claym^d w^{th}in a yeare & a Day to be w^{th} y^e goods restored to the Own^{er}s w^{th}out suite.]

If any ships either for warr, or marchandise, or other of either partye by storme, or any other misfortune, chance to be stranded, or cast away on the coast of either country, the said ships with their Apparell, and all therein may be reclaymed, and brought back againe within the space of a yeare, and a day, by the right owners or there Assignes, or deputies, and shalbe restored againe to them without any forme of suite onlye payeing for the charges done about ’em, and a reasonable gratuitye or salvage money, and in case upon such, and the like accidents, subiects of either side chance to fall to question, the officers of the respective places shall be bound to doe good, and right Justice betweene the partyes, without deteyning them by any formalitye of processe.

APPENDIX L.

(P. 398.)

TROMP’S MEMORANDUM TO THE STATES OF HOLLAND AS TO THE CUSTOM OF STRIKING THE FLAG TO THE ENGLISH. 27th FEBRUARY/9th MARCH 1651.

(Aitzema, _Saken van Staet en Oorlogh, in, ende omtrent de Vereenigde Nederlanden_, Vol. iii. p. 731.)

Wanneer deses Staets Schepen van Oorloge in Zee quamen te ontmoeten een Engelsch Koninghs Schip, op-hebbende de Vlagge als Admirael, Vice-Admirael ofte Schout bij nacht; dat deses Staets-Schepen hare Admiraels Vlagge ende Mars-zeylen streecken en schoten negen, seven of vijf Eer-schoten (daer op de Engelsche antwoordede met gelijcke Eer-schoten) en lieten de Vlagge gestreken hangen tot sij van malkanderen scheyden, met het schieten van drie of een Adieu-schoot; en weynigh van den anderen zijnde, setten de Staetsche de Vlagge wederom op. Doch voor particuliere Konings Schepen streken geen Vlagge, alleen salueerden malkanderen met eenige Eer-schooten. Maer is verscheyden-malen geschiet, dat particuliere Schepen van weynigh geweldt zijnde, oock naer de Vlagge van Staetsche hebben geschoten, uyt hooghmoet, willende hebben dat men soude strijcken: daer meesten tijdt op is gevolgt, dat de Staetsche wederom na haer hebben geschoten en haer tanden laten sien, en geen macht hebbende de Staetsche daer toe te dwingen, moesten met uytlacchen haer Kours gaen; doch is bij haer en die van desen Staet veel tijdts gesien op de meeste macht, en dan discretie gebruyckt. Binnen haer Havenen ende Casteelen komende, salueerden de Casteelen met Eer-schoten (die oock wederom antwoorden) en namen de Vlagge in, en lieten in plaets een Wimpel waijen, soo lange die van desen Staet binnen haer Havenen lagen, in sonderheydt wanneer eenige Konings Schepen daer waren die de Konings Vlagge lieten waeijen. Doch geen Konings Schepen zijnde, is ’t verscheyde-malen gebeurt, dat de Gouverneurs van de Casteelen een Expressen aen boort stuyrden uyt courtosie, en gaven consent, dat de Staetsche haer Admiraels Vlagge souden opsetten en laten waijen: mits wederom uyt-zeylende ende de Casteelen passerende, de Vlagge streecken en lieten hanghen, totdat men met Eer-schooten haer hadde gesalueert, en sij gheantwoordt; dan wierde wederom de Staetsche Vlagge op geset.

APPENDIX M.

(P. 404.)

CORRESPONDENCE BETWEEN TROMP AND BLAKE.

(De Zee Betwist. Geschiedenis der Onderhandelingen over de Zeeheerschappij tusschen de Engelsche Republiek en de Vereenigde Provinciën vóór den eersten Zee-Oorlog. Dr M. C. Tideman.)

MONS^R,

Le 19/29 du Mois passé nous entrerencontrans en mer mon invention [_sic_: intention?] estoit de vous saluer, mais me voyant attacquée de la sorte, et n’ayant peu scavoir la vostre puisque devant ny apres ladite rencontre je n’ay parlé a personne des vostres ne doubtant toutesfois nullemant (selon que m’a tesmoigné Mons^r. le Commandeur Born, par les responses qu’il a faictes et données a celuy que je luy envoyois pour luy communiquer mon ordre et sincere Intention) que ne soions amis et bons alliez, fus contraint, comme un homme d’honneur, tant seulement de me defendere, mais d’autant que aujourdhuy, estant a lancre devant Calais on ma rapporté, qu’un de nos Navires le Capiteyne Tuynemans de Middelbourg auroit este emmené a vostre Rade aux d’unes, lequel je croiois estre coulé en fond, comme celuy seul qu’il nous defailloit. C’est pourquoi je vous supplie en toute amitie que ce soit votre plasir, que ledit navire nous soit rendu et mis en main du porteur de ceste, en forme qu’il a este prins, et me promets, que la bonne alliance et union entre Messeigneurs les Estats de Vostre et de nostre Republycque, nostre Religion et mutuelle amitié fera, que ne voudres le refuser, Sur quoy me tiendray obligé de demeurer, comme veritablement je suis,

Monsieur,

Vostre Tres humble Serviteur, (Signé) M. HARP^{TS}. TROMP.

En notre navire _Le Brederode_ le 2^e Junij 1652 a la Rade de Calais.

The superscription was:--

A Monsieur,

Monsieur N. N. Blake, Collonel et Admirael au Service de Messeigneurs les Estats de la Republicque d’Angleterre, ou en son absence au Commandant a present aux d’unes.

Gardiner (Letters and Papers, 257) gives Blake’s reply “retranslated from the Dutch translation.” The original, which was appended to Tromp’s letter to the States-General, is given by Tideman, as follows, from _Lias Admiraliteit_: Bijvoegsel bij Tromps brief aan H. Ho. Mo. uit Ostende d. d. 10 Juni 1652.

S^r,

Y^r Letter of the second of June 1652 stilo novo, brought by yo^r Messenger, was read by mee not without much wonder that you stiling yo^r selfe a person off honor should insert therin toe great mistakes after yo^r seeking out the ffleet of the Parliament of the Comonwealth of England instead of performing those usuall respects which off right belong unto them and which yo^r selve have often done, you were pleased to beginn acts off hostility which you call yo^r owne defence against the commonwealth, without the least provocation on the part of their servants thus assaulted by you, and at a time when yo^r Superiours, and their Ambassadors with the Parlyament were in a Treaty and desire of friendshipp with the Comonwealth of England, but that God in whome wee trust, having defeated your purposes of our destruction and some off yo^r ships taken, you thincke fitt to demaund the same off us as if yo^r former accord had been as you call it but a salutation and when that fayled, you would second yo^r high affronts by yo^r paper to which I doe not thincke fitt to returne any other Answere, But that I presume you will find the Parlyament sensible of these greate Iniuries and of the Losse off the innocent bloud of their Countrymen, And you will find likewise ready to obey their comandts,

Yo^r humble Servant, ROB: BLAKE.

DOWNES, _29th May 1652_.

APPENDIX N.

(P. 461.)

CONCESSION TO BRUGES TO FISH IN THE BRITISH SEAS.[1405]

(State Papers--King’s Letter Book, 1664-1670. Foreign Entry Book. Vol. 174, p. 119.)

Carolvs &c. Omnibus ad quos præsentes literæ pervenerint vel ullo modo spectaverint salutem. Cum in virtutum albo longè Princeps audiat liberalitas, quippe quæ non tantùm beneficia sed ipsam etiam benevolentiam et humanitatem secum comites trahat, Hinc est, quod Nobilissimæ et antiquissimæ civitatis Brugensis summis erga Nos meritis coacti quodammodo, animique Nostri ductum secuti [sicuti], tum maximè accepti hospitij memores, in hoc unum ferimur [feremur] ut priorum prementes Vestigia grati in eam animi non leve argumentum posteris quoquo modo traderemus; Et sanè affectu tam [tum] singulari non tantùm Sacerdotum, Consulum, Senatorum, et summus ille Nobilium ordo, sed universa passim Urbs et Nos et fratres Nostros iniquitate rerum hospites olim factos fovit semper et propensior indies accepit, ut animo Nostro altius infixa recens adhuc amoris tantó hæreat memoria, eaque jure quodam hæreditario ad Successores Nostros deferenda, ne posteris Nostris tantæ benignitatis ingrata tandem obrepat oblivio, Regnis utique [utque] Nostris ejecti benigniori hospitio in tantum recreari cœpimus, ut iniquam [inquam] fortunæ invidiam æquiori animo tulisse videremur, eo saltem nomine non passuri [possum] unquam ut ad priorem statum reduces ingratorum notâ laboremus. Vellemus quidem eâdem alacritate quâ prædicta Civitas Brugensis (Celeberrimum quondam Emporium tum magnificentiâ, amplitudine et fulgore præ cæteris clarum) benevolentiæ et benignitatis fidem coluit, gratum animum testari, & Civitati de Nobis tam bene meritæ pristinam gloriam et splendorem illæsum prorsus, et [est] integrum præstare. Quâ de causâ à Viro Nobis præcipuè dilecto Marco Alberto Dognati Equite [d’Ognati Equiti] Aurato, Regisque Catholici ad renovandam Belgij Dignitatem Commissario, rebusque Nostris singulari curâ intento à charissimo consanguineo Nostro (et) Illustrissimo Marchione [Marchioni] de Castel-Rodrigo Belgij et Burgundiæ Gubernatore de Commercij libertate hoc tempore faciendâ misso [misse] tum literas, tum Monochroma Novi Opificij, Portus, usque ad Oceanum Ductus [ductos] nuper elaborati et in capacem Navigationis formam redacti, grato animo accepimus; Lætique benignitate pristinâ, Regiam aliquam prærogativam quæ non [non non] ingrate spondeat, in predictam civitatem Brugensem conferre meditamur, plenâ potestate & authoritate Nostrâ Regiâ plenè, liberè sponte, ac motu proprio dantes & concedentes sicuti [sicut] per præsentes pro Nobis, Hæredibus et Successoribus Nostris damus et concedimus, ut prædicta civitas Brugensis quocunque demum impedimento obstante Quinquaginta Naves piscatorias in Mare Nostrum in futurum possit deducere, nec non juxta Regnorum Nostrorum Oras et Littora liberè ac secure piscaturam exercere, tum etiam Haleces [Halices] piscesque alios quoscunque captare. Licebit porrò prædictæ Urbis Civibus ad Portus Nostros Littora et flumina cum prædictis Navibus appellere, retia siccanda [seccanda] et resarcienda in terram exponere, periculis hostium tempestatumque sese subducere, necessaria tum ad victum tum ad alia quæcunque in oppidis alijsque locis Regnorum Nostrorum justo pretio coemere, nullâque aliâ ad hoc speciali facultate aut salvi [salvus] conductûs literis habitis aut petitis inde redire liberèque [libere] recedere ita tamen ut dictæ Civitatis Brugensis Magistratûs literis, præsentium vigore sub sigillo ejus exhibendis, instructi veniant; caveant interim prædictarum Navium piscatoriarum proprietarij, fide prius datâ apud dictum Magistratum per sponsores idoneos, ne per ipsos piscatores, Nautas, aliosvè ad pisces derehendos substitutos, ad loca Nobis et Regnis Nostris inimica hujusmodi onus subrehi sinant [hujusmodi oras sinant et] aut permittant. Volumus igitur et per præsentes decernimus, ut prædicta piscandi libertas juxta numerum Navium supramemoratarum præfatis Urbis Brugensis Civibus solva [sola] semper et integra maneat, et in perpetuum per Nos ac Hæredes et Successores Nostros stabilita continuetur. Nèque quisquam subditorum Nostrorum, cujuscunque statûs, authoritatis, gradûs seu conditionis, huic [hujus] Nostræ liberæ et spontaneæ concessioni [concessionis] gratiæ, favori et privilegio, quoquo modo contravenito. Mandamus igitur et injungimus Fratri Nostro Charissimo Ducé Eboracensi Magno Nostro Angliæ Admiralio [Admirallo] Nec non omnibus et singulis Regnorum Nostrorum Thalassiarchis, Navium Bellicarum capitaneis et Ductoribus Provinciarum, Urbium, Arciumque maritimarum Præfectis et eorum Vicem gerentibus, Judicibus, Officialibus, et alijs quibuscunque Ministris Nostris et juris Administratoribus, &c., ut prædictis piscatoribus in quācunque maris parte vel juxta littora, flumina, Portusve Nostros obviam facti, non modo illis injuriam non inferant, sed eós etiam amicè et benevolè excipiant, ac ubi opus fuerit, ijs opem ferant ijsdemque liberum accessum et recessum reditumque in patriam unà cum Navibus, piscibus, cæterisque bonis suis, nullo facto impedimento seu contradictione quâcunque præstent et permittant. In quorum omnium majorem fidem [fidem majorem] præsentibus hisce manu Nostrâ Regiâ signatis [signatas] Magnum Nostrum Angliæ Sigillum appendi fecimus. Dabantur, &c., Julij 1666 [_sic_].

APPENDIX O.

(P. 692.)

TERRITORIAL WATERS.

The articles adopted by the Institut de Droit International at Paris in 1894, and accepted with slight modifications by the International Law Association at London in 1895. [_Note._--The additions to and alterations of the Rules adopted at Paris, which were made at London, are indicated by italic type.]

L’INSTITUT,

Considérant qu’il n’y a pas de raison pour confondre en une seule zône la distance nécessaire pour l’exercice de la souveraineté et pour la protection de la pêche littorale et celle qui l’est pour garantir la neutralité des non-belligérants en temps de guerre;

Que la distance la plus ordinairement adoptée de trois milles de la laisse de basse marée a été reconnue insuffisante pour la protection de la pêche littorale;

Que cette distance ne correspond pas non plus à la portée réelle des canons placés sur la côte;

a adopté les dispositions suivantes:

ARTICLE PREMIER.--L’État a un droit de souveraineté sur une zône de la mer qui baigne la côte, sauf le droit de passage inoffensif réservé à l’article 5.

Cette zône porte le nom de mer territoriale.

ART. 2.--La mer territoriale s’étend à six milles marins (60 au degré de latitude) de la laisse de basse marée _ou de la ligne de laquelle il est parlé dans l’article 3_, sur toute l’étendue des côtes.

ART. 3.--Pour les baies, la mer territoriale suit les sinuosités de la côte, sauf qu’elle est mesurée à partir d’une ligne droite tirée en travers de la baie dans la partie la plus rapprochée de l’ouverture vers la mer, où l’écart entre les deux côtes de la baie est de _dix_ milles marins de largeur, à moins qu’un usage continu et séculaire n’ait consacré une largeur plus grande.

ART. 4.--En cas de guerre, l’État riverain neutre a le droit de fixer, par la déclaration de neutralité ou par notification spéciale, sa zône neutre au delà de six milles, jusqu’à portée du canon des côtes.

ART. 5.--Tous les navires sans distinction ont le droit de passage inoffensif par la mer territoriale, sauf le droit des belligérants de réglementer et, dans un but de défense, de barrer le passage dans ladite mer pour tout navire, et sauf le droit des neutres de réglementer le passage dans ladite mer pour les navires de guerre de toutes nationalités. _Il n’est pas dérogé par cet article aux dispositions de l’article 10._

ART. 6.--Les crimes et délits commis à bord de navires étrangers de passage dans la mer territoriale par des personnes qui se trouvent à bord de ces navires, sur des personnes ou des choses à bord de ces mêmes navires, sont, comme tels, en dehors de la juridiction de l’État riverain, à moins qu’ils n’impliquent une violation des droits ou des intérêts de l’État riverain, ou de ses ressortissants ne faisant partie ni de l’équipage ni des passagers.

ART. 7.--Les navires qui traversent les eaux territoriales se conformeront aux règlements spéciaux édictés par l’État riverain dans l’intérêt et pour la sécurité de la navigation et pour la police maritime.

ART. 8.--Les navires de toutes nationalités, par le fait seul qu’ils se trouvent dans les eaux territoriales, à moins qu’ils n’y soient seulement de passage, sont soumis à la juridiction de l’État riverain.

L’État riverain a le droit de continuer sur la haute mer la poursuite commencée dans la mer territoriale, d’arrêter et de juger le navire qui aurait commis une infraction _pénale_ dans les limites de ses eaux. En cas de capture sur la haute mer, le fait sera, toutefois, notifié sans délai à l’État dont le navire porte le pavillon. La poursuite est interrompue dès que le navire entre dans la mer territoriale de son pays ou d’une tierce puissance. Le droit de poursuite cesse dès que le navire sera entré dans un port de son pays ou d’une tierce puissance.

ART. 9.--Est réservée la situation particulière des navires de guerre et de ceux qui leur sont assimilés.

ART. 10.--Les dispositions des articles précédents s’appliquent aux détroits dont l’écart n’excède pas douze milles, sauf les modifications et distinctions suivantes:--

1^o Les détroits dont les côtes appartiennent à des États différents font partie de la mer territoriale des États riverains, qui y exerceront leur souveraineté jusqu’à la ligne médiane.

2^o Les détroits dont les côtes appartiennent au même État et qui sont indispensables aux communications maritimes entre deux ou plusieurs États autres que l’État riverain font toujours partie de la mer territoriale du riverain, quel que soit le rapprochement des côtes. _Ils ne peuvent jamais être barrés._

3^o _Dans les détroits dont les côtes appartiennent au même État, la mer est territoriale bien que l’écartement des côtes dépasse douze milles, si à chaque entrée du détroit cette distance n’est pas dépassé._

4^o Les détroits qui servent de passage d’une mer libre à une autre mer libre ne peuvent jamais être _barrés_.

ART. 11.--Le régime des détroits actuellement soumis à des conventions ou usages spéciaux demeure réservé.

INDEX.

Aberdeen, 84, 215, 227, 298, 407

Abreu y Bertodano on territorial sea, 559

Admiral, office of, 30, 31, 32, 41, 51, 52, 53, 54, 266, 329, 363, 364 n.

Admiralty, 18, 31, 248, 249, 260, 261, 262, 263, 266, 277, 280, 286, 288, 293, 318, 328, 520

Admiralty and “striking,” 277, 278, 380-383, 438, 455, 456, 472

Admiralty, High Court of, 54, 120, 122, 124, 243, 244 n., 251, 285, 358, 363, 369, 391, 465 n.; and striking, 513; decisions as to neutral waters, 553; decisions as to three-mile limit, 576, 577

Admiralty jurisdiction, origin of, 6, 17, 30, 32

Admiralty, on extent of British Seas, 20, 438

Adriatic, 52 n.; sovereignty of, 3, 4, 8, 16, 33, 107, 111, 339, 341, 350, 357, 361, 371, 539; fisheries of, 659

Aerssen, François van, Dutch ambassador, 200, 336

_Africaine_, case of, 641 n.

Agincourt, 8, 35

_Agnes G. Donohoe_, case of, 663

Albemarle, Duke of. _See_ Monk.

Albertsz, Jan, Captain, 171, 173, 174

Alderney, 103

Alexander, Sir William, Secretary for Scotland, 219, 220, 225 n., 227, 232

Alfred, King, 26

Algarve, fishery treaty with, 67

Algeria, 527; territorial sea, 657

Allin, Sir Thomas, 468, 471, 477

Alverstone, Lord, 692

Alward, G. L., 711 n., 739 n.

Amboyna, 430

America, British North, fishery disputes with United States, 580; fishery limit, 650; ten-mile limit for bays, 626, 627, 628, 629; six-mile limit for bays, 627, 629, 630; fishery rights, 531, 532, 731, 731 n.; Hague Tribunal on, 732 n.; Mixed Commission to delimit bays, 628; _modus vivendi_ with United States, 626, 628, 629; treaties regarding fisheries, _See_ Treaties.

America, fisheries claimed for crown, 235

Amsterdam, 73, 132, 181, 183, 282, 368

Amsterdam Island, 194 n.

Ancient Britons and maritime dominion, 25, 26

Angelus, 351

Angevins, 8, 26, 29, 65, 207

Anglo-Saxons, 26, 27, 28, 541, 542

_Anna_, case of, 579, 641 n.

_Annapolis_, case of, 586 n.

Anne of Austria, 117

Anne, Queen, 161, 354, 520, 523

Anstruther Easter, 165, 175 n.

Antwerp, 49, 73, 148; treaty of, 148, 344, 350

Appropriation of sea. _See_ Sea.

Aquitaine, 19, 213; fisheries at, 67

Archer, Walter E., 736 n.

Argentine Republic, claim to great bays, 661; claim to wide limit of exclusive fishery, 661, 662

Argyle, Earl of, 153 n.

Arlington, Lord, 469, 483, 490, 497, 502

Armed Neutrality, 522, 563, 571, 572

Arundel, Earl of, 227, 239 n., 241, 314, 316, 477

Aschehoug, on territorial sea, 686, 688

Assize-herring, 82, 124, 138, 144, 152-154, 163-171, 180, 194-196, 203, 293, 346, 347, 352, 355; proposal to levy from foreign fishermen, 124, 167; demanded from Dutch, 180; how to be levied from Dutch, 195, 196, 757; paid by Dutch fishermen, 169; value of, 195

Auber, on territorial sea, 691

Australia, pearl fisheries, 697

Austria-Hungary, territorial sea, 572, 658; Customs jurisdiction, 594, 659; reciprocal rights of fishery with Italy, 659

Ayrshire, fishermen of, 83

Azores, 106

Azuni, on territorial sea, 564, 565; on range of vision, 546

Bacon, Lord, 73, 163 n., 189, 223

Bagg, Sir James, 280

Baldus, on territorial limit, 351, 360, 539, 540, 541

Balfour of Burleigh, Lord, 730

Ballantrae Bank herring fishery, 238

Balmerino, Lord, 187

Baltic, 61, 409, 432, 434; as closed sea, 572 n.; sovereignty over, 4, 33, 108, 350, 371, 377, 550, 552, 555; territorial limits in, 655

Baltimore, 247

Barbary, 327

Barclay, Sir Thomas, 689 n., 690

Barebones Parliament, 428; on sovereignty of sea, 13, 413

Barents Sea, foreign trawlers in, 713

Barking, 699

Barneveldt, Elias van Olden, 155, 157 n.

Barneveldt, J. van Olden, 152, 159, 162, 170, 173, 191

Barrère, on the freedom of the sea, 595

Barrett, Frank, 738 n.

Bartolus, on territorial limit, 351, 539, 541

Bates, Joshua, on bay of Fundy, 625

Batten, Sir William, 380, 382, 448, 456

Battle of the Downs, 330

Baty, Dr Thomas, Hon. Secretary, International Law Association, 673 n.

Bays. _See_ Territorial Sea.

Bayonne, 52 n.

Beaufort, de, Duke, Admiral of France, 463, 472

Beaufort, Henry, 56 n.

Beaufort, Sir Thomas, 40

Behring Sea, fishery disputes, negotiations with Russia, 581-585; Russian ukase fixing 100-mile limit, 541; gunshot limit accepted by Russia, 582, 585; three-mile limit adopted by Russia, 585; United States on Russian claim, 584; Tribunal of Arbitration, 663, 664, 695, 695 n., 732; Japanese sealers in, 696 n.; whaling in, 585

Belgium, complaints against fishermen of, 615, 616; territorial sea, 658

Bell Rock, territoriality of, 642

Bengal, Bay of, 625

Bergen, 109

Berkeley, Sir William, on striking, 472

Berwick, 49, 60, 73, 219

Beukelsz, invention of herring cure, 61, 426 n.

Beuningen, van, Dutch ambassador, 511

Beveren, van, Dutch ambassador, 302, 303, 304, 312, 315, 316, 317, 320

Beverning, Hieronymus van, Dutch ambassador, 415, 418, 433, 504

Beverwaert, van, Dutch ambassador, 449 n., 450

Binge, Raymond, 109 n.

Binning, Captain, 513

Binning, Lord, 80, 178, 179 n., 186, 187

Birch, 28

Bird, Sir William, 174 n.

Biscay, 255; fishermen of, 67, 98; whalers at Spitzbergen, 183 n.

Biscay, Bay of, 19, 510, 521; fisheries in, 707, 713; territoriality of, 625

Bishop of Isles, 242

Bishop of Ross, 77

Bishop, on territorial sea, 683

Black Book of Admiralty, 7,16, 39-42, 52, 53, 66, 410 n.

Blackburn, Lord, on territorial sea, 589

Black Sea, 371

Blackstone, on Sovereignty of Sea, 580 n.

Blake, General Robert, 408, 421, 422; instructions to, regarding sovereignty of sea, 382, 383; encounter with Tromp, 12, 207 n., 397, 398 n., 401, 403, 404; correspondence with Tromp, 404 n., 772; captures Dutch herring busses, 311 n., 406, 407

Blakeney, 49, 90 n.

Blockade, 209, 264, 265, 268

Bluntschli, on territorial sea, 682, 688

Blyth, 250

Board of Trade on fishery limit, 616; and German territorial limits, 652

Bodin, on territorial limit, 540

Bohemia, 191, 197, 198

Bohemia, Queen of. _See_ Elizabeth.

Bohuslän, herring fishery at, 62

Bordeaux, 28, 61, 97

Boreel, Dutch ambassador, 482, 483, 485, 490

Boroughs, Sir John, Keeper of the Records, on Sovereignty of Sea, 25, 28, 39, 43, 64 n., 254, 364, 365, 366, 411; discovery of rolls, 31, 213, 254; on foreign fishermen, 132

Boston, 73

Boswell, Sir W., British ambassador at The Hague, 212, 213, 257, 258, 259 n., 264, 317, 318, 319, 321

Botetourt, Sir John de, 46 n., 60

Bothnia, Gulf of, sovereignty over, 4, 564

Boulogne, 104, 274, 281

Bourne, Rear-Admiral, meets Tromp, 400; assists Blake, 403

Bouwensz, Joost, 294 n., 298 n., 304

Brabant, 49, 50, 70, 71

Bracton, 66, 362 n., 539

Bradshaw, 409

Braeckel, Captain, 476

Braems, Sir Arnold, 318, 515

Brazil, 327, 393, 430

Breda, conference at, 459, 464, 476; treaty of, 465, 492, 501

Brederode, W. van, 81

Bremen, fishermen and merchants from, 126, 129, 130, 169, 227, 235, 327; negotiations at, 110, 373

Bressay Sound, 129, 131, 215

Briel, 43, 73, 78, 142, 278, 511, 512

Bristol, 96, 108

Bristol Channel, territoriality of, 586, 725

British Colonies, territorial sea, 661

British fisheries, foreigners at. _See_ Fisheries.

British Seas. _See_ Sea.

British subjects in foreign service, 260, 359 n.; in Dutch navy, 251 n.

Brittany, 36, 48, 54, 56, 67, 68, 69, 103, 213, 270

Britton, 539

Brixham, 699

Brood and spawn of fish, 213

Brouershaven, 77

Brown, James, 194

Brown, John, 166, 191 n., 194 n., 195, 195 n., 196; sent to uplift the assize herrings from Dutch fishermen, 169, 170, 171; seized by Dutch and carried to Holland, 172, 173; released, 173; Dutch apologise, 173; counsel’s opinion on seizure, 174

Bruce, King Robert, 76

Bruce, Patrick, 181

Bruges, 43, 52 n., 71, 73; fishing charter from Charles II., 460, 461, 504, 616, 617, 772

Brussels, 71, 318, 335

_Bucentaur_, 4, 567 n.

Buchan Ness, 131, 166, 227, 233, 321, 406

Buckingham, Duke of, 201, 266 n., 490, 497

Buckland, Frank, on inexhaustibility of fisheries, 636

Burchett, on Sovereignty of Sea, 311 n., 521

Burghs, Scottish, 216, 240

Burgundy, Duchess of, 71, 72

Burgundy, Duke of, 69, 70, 71, 72, 73, 158

Burgundy, House of, 49

Burgundy treaties, 69, 70, 72, 86, 112, 145, 146, 147, 158, 288, 312 n., 356, 370, 412 n., 425, 500

Burgus, P. B., on dominion of Ligurian Sea, 411, 550

Burnham, 90

Bushell, William, 284

Bynkershoek, Cornelius van, 21, 350, 538, 579, 591, 595, 650, 685, 686; on territorial sea, 555, 556; on range of vision, 546

Cadiz, 246

Cæsar, Sir Julius, 120, 146, 155, 156 n.

Caithness, 126, 227

Calais, 18, 29, 34, 37 n., 45 n., 49, 50, 65, 68, 70, 71, 73, 74, 103, 104, 204, 205, 266, 273, 274, 278, 280, 282, 327, 401, 440

Callis, Serjeant, on the appropriation of the sea, 54, 66, 358, 363

Calvo, on territorial sea, 340, 682, 688

Camden, 64, 142

Canada, fishery rights at. _See_ British North America.

Cancale, Bay of. _See_ Granville Bay.

Canning, George, on Behring Sea, 583

Cannon range limit, proposed by Dutch, 156. _See_ Territorial Sea.

Canterbury, 41

Cape Bojador, 105

Cape de Verde, 106

Cape Finisterre, 270, 469, 478, 502, 505, 510, 515, 521

Cape of Good Hope, 105, 340, 343, 344

Cape St Vincent, 270, 434, 435, 465, 466 n., 469, 478, 502, 503, 508, 510

Cardinal Infant, 243, 318, 319, 335

Carew, Lord George, 202

Carleton, Sir Dudley, 128, 168, 172, 173, 174, 176, 177, 180, 185, 190, 192, 193, 197, 212; on Grotius, 351

Carlisle, Earl of, 222 n., 227 n.

Caron, Sir Noel, Dutch ambassador, 151-154, 163, 165, 168-174, 201

Carrick, Earl of, 225 n.

Carteret, Captain, 291, 327

Casaregi, on territorial sea, 558

Castile, 32, 67

Castro, Francis Alphonso de, on dominion of sea, 341

Catalonia, 45

Cats, Dutch ambassador, 391

Cattegat, territoriality of, 653

Cavendish, 5

Cecil, Secretary Sir William, 88, 90, 91, 92, 95, 105, 114, 115, 128 n., 133, 204

Ceva, Cardinal de, 273 n.

Ceylon, pearl fisheries, 560, 697

Chaleurs, Bay of, 623, 624, 625, 627 n., 628, 629, 630, 692

Chamberlain, Joseph, 628

Champagne, on freedom of the sea, 595, 596

Chancellor, 181

Channel, English, 9, 18, 19, 21, 29, 42, 43, 209, 247, 250, 266, 269, 270, 276, 327, 407, 465; extent of, 432, 465 n. 506 n.; great avenue of commerce, 30; importance of command of, 30; fisheries in, 65 n., 68, 544; licenses for fishing in, 65; disputes with French fishermen, 607, 608; mid-line limit, 542, 544; sovereignty over, 6, 8, 16, 35, 36, 101, 103, 207, 208, 246, 432; striking in, 117, 212, 469, 470

Channel Islands, 29, 36, 103

Charles the Bold, 72

Charles I., 17, 28, 31, 117, 119, 338; asked to free the seas of Hollander busses, 211, 234; opinion on importance of fisheries, 213; initiates fishery association, 214; plan of, 215, 216; lays scheme before Council in Scotland, 218, 219, 220; ill received in Scotland, 220; opposed by Scottish Parliament, 222; debates regarding, 224; his great anxiety for, 225; Scottish Commissioners appointed, 225; his letters on, 232, 233; Royal Fishery Society established, 239; proceedings of, 241; misfortunes and failure of Fishery Society, 241-243; claim to sovereignty of sea, 10, 11, 119, 209-212, 251, 258; proclamation regarding narrow seas and King’s Chambers, 251; draft proclamation _re_ Sovereignty of Sea, 759; personal policy, 253; pretext for equipping a fleet, 253; deceives his Council, 255; secret agreement with Spain, 253, 255, 260, 264; instructions to first ship-money fleet, 259; failure of his policy, 275; report of Admiralty as to employment of second ship-money fleet, 288, 762; instructions regarding license money from foreign fishermen, 295; proclamation forbidding unlicensed fishing by foreigners, 293, 294; licenses to fishermen, 762; negotiations with Dutch as to unlicensed fishing, 305, 306; tries surreptitiously to induce Dutch to accept licenses, 317, 319, 321; Dutch despatch a fleet to protect their fishermen, 321; general dissatisfaction with his actions, 324; his power on sea wanes, 328; pretensions to sovereignty of sea flouted by Dutch, 328, 329; battle of Downs, 335; proceedings regarding Spanish fleet and Tromp, 331, 336

Charles II., his efforts to develop fisheries, 441; Bill to encourage fisheries, 443; directed against foreigners, 444, 444 n.; establishes the Royal Fishery, 446-448; failure of, 449; Dutch embassy, negotiations concerning fishery question, 449, 450, 451, 455; tries to prevent Franco-Dutch treaty, 454; treaty with the United Provinces, 455; disputes about striking, 455; second Dutch war, 457, 458; very popular, 458; course of, 459; terms of peace, 464; claim to exclusive fishing withdrawn, 464; question of striking, 464, 465; extent of British seas, 465, 466; licenses offered to Dutch fishermen, 460; De Witt’s proposals as to striking, 468; verbal arrangement with Louis as to striking, 471, 471 n.; Triple Alliance, 474; secret treaty of Dover, 474; obtains a subsidy, 475; ill-feeling against Dutch fomented, 476; accuses De Witt of secret negotiations with Louis, 476; recall of Sir William Temple, 476; pretext for war in the “honour of the flag,” 476; sends his yacht _Merlin_ to pick a quarrel over the salute, 477, 478, 479; failure of the _Merlin_, 480; dispute with Dutch as to striking, 482; Dutch asked to acknowledge his dominion of the seas, 482; the Dutch hoodwinked, 482; rejects concessions of Dutch, 483, 484; orders Dutch shipping to be seized, 484, 485; failure of attack on Smyrna fleet, 486, 487; declaration of war against States-General, 487; declaration on the honour of the flag and sovereignty of the sea, 487, 488; arranges salute with Louis, 488; terms offered the Dutch, 490; demands payment for fishery, 491, 491 n.; summons Parliament, 492; subsidy granted, 493; the war intensely unpopular, 493; efforts to stir up animosity against Dutch, 494-498; congress at Cologne, 498; terms of peace offered, 498; question of flag and striking, 498, 499, 501-503, 505, 506, 508; question of fisheries, 498-500, 503-505, 508; negotiations for separate peace, 504-508; peace concluded, 508; establishes a new fishery company, 516

Charles V., 74, 75, 78, 79, 81

Charteris, A. H., 586 n.

Chaterton, Sir Richard, 448

Chatham, 459, 476

Chelchethe, John de, 50

Chelmsford, Lord, on territorial sea, 586 n.

Chester, 96

Chili, territorial sea, 661

Chitty, on Sovereignty of Sea, 580 n.

Chitty, on territorial sea, 597

Christian V. of Denmark, prohibits fishing at Greenland, 528

Churchill, Lieutenant, 486 n.

Cinque Ports, 29, 32, 36, 55, 244, 247, 295, 381 n.; complain about foreign fishermen, 144, 145; fishermen of, 58, 90 n., 144; jurisdiction on sea, 213, 544, 544 n.; licenses to French fishermen, 65

Clarendon, Chancellor, 241, 457

Clee, 90

_Cleveland_ yacht, 511

Clyde, Firth of, foreign trawlers in, 647; fisheries of, 83, 221 n., 233, 235, 239;

Cnut, King, and the sea, 26; charter regarding Sandwich, 542

Cockaine, Sir William, 202

Cockburn, Lord Chief-Justice, on Bristol Channel, 586, 587, 588; on territorial sea, 591, 591 n.

Cockraine, Captain, 437

Cod-fishing, 79, 131, 221 n., 672

Coke, Lord Chief-Justice, 17, 27, 43, 44, 44 n., 46, 66, 213; on appropriation of sea, 363

Coke, Secretary, Sir John, 130 n., 227 n., 268, 269; on the British seas, 20, 264 n.; on the fishery scheme, 215-218, 232, 235-237, 239 n., 241, 243; on sovereignty of sea, 20, 211, 212, 255-258, 264, 271, 302

Coke, Roger, 127 n.

Colbert, French ambassador, 471, 471 n.

Cologne, congress at, 264 n., 323 n., 347 n., 491 n., 498, 506, 510

Colomb, Admiral, 311 n.

Columbus, 106, 340

Commerce, 53, 91, 106, 107, 134, 135, 143, 163, 210, 255, 339, 340, 342, 390, 391, 395, 408, 413, 457; in middle ages, 3, 5, 6, 7, 29, 30, 34 and n., 43, 44, 67, 69, 86; monopoly of, 5, 106

Commercial enterprise, expansion of, 6, 339, 340, 342, 533

Commercial jealousy of Dutch, 10, 422, 441, 457

Commonwealth, instructions as to striking, 380, 381; relations with United Provinces, 384; negotiations for alliance, 384, 385; St John’s mission to The Hague, 384-390; Navigation Act, 391; seizure of Dutch ships, 391; letters of reprisal against the Dutch, 391, 392, 393; renewed negotiations, 392-396; thirty-nine articles considered, 393, 764; differences as to sovereignty of sea, 393, 394; question of striking, 394, 395; question of fishery, 394, 396; question of right of visitation and search, 396; negotiations interrupted, 397; indignation against States-General for attack on Blake, 404; terms offered to Pauw, 405; Dutch ships seized and preparations for war, 405; declaration on sovereignty of sea, 409; _Mare Clausum_ to be translated and printed, 410; peace negotiations with Dutch, 414-435; terms offered, 415; Dutch propose the _Intercursus Magnus_ as basis, 416; liberty of fishing offered, 417; the twenty-seven articles proposed, 419; proposal for fusion of English and Dutch, 416, 417, 418, 419; question of dominion of the sea, 418, 419, 423, 433, 436; of extent of British seas, 429, 431-436; of fishing, 417, 418, 419, 420, 422, 423, 424, 425, 427, 430, 436; of guarding the sea, 421-424, 431, 436; of limitation of Dutch fleet, 421, 422, 423, 436; of the Prince of Orange, 422, 430, 433, 435; of striking, 417, 419, 420, 424, 429, 431, 432, 436; Dutch propose a “regulation” for, 405, 418, 424, 429, 431, 433; Dutch propose to strike in all seas, 432; of visit and search, 420-424, 431, 436; treaty signed, 435

Conception Bay, territoriality of, 588, 589

Conringius, 550

Conway, Viscount, 268, 269, 284 n.

Cook, George M., 728 n.

Cooper, Sir Anthony Ashley, 429. _See_ also Lord Shaftesbury.

Cope, Sir Walter, 128 n., 138

Corinth, Gulf of, 661

Cornish, James, on spawning of fish, 610

Cornwall, pilchards, 134, 143

Cornwallis, Lord, 360

Cottingham, Sir Francis, 227 n.

Cottington, Lord, 253, 263

Courcel, Baron de, on three-mile limit, 664 n., 696 n.

Coventry, Lord, 254, 255, 286

Craig, Sir Thomas, 359 n.; on the right of fishery, 357

Crail, 84, 175 n., 242

Craudon, 54, 55, 56

Cromarty, 227

Cromer, 90, 296

Crompton, Sir Thomas, 146

Cromwell, Oliver (_see_ also Commonwealth), 13, 28, 65, 72, 337, 378, 404, 410 n., 414, 451, 495, 505; arguments for exclusive fishery, 425; clandestine negotiations with Dutch, 414, 415, 417, 430 n.; on sovereignty of sea, 419, 423, 424, 435; renews fishing licenses for Zowe, 440

Cromwell, Richard, on extent of British seas, 438

Crow, Captain, 479, 480

Cuba, territorial limit, 665

Cunæus, Professor Petrus, 375

Customs limit. _See_ Territorial sea.

Dana, on territorial sea, 683

Danby, Earl of, 516

Danegeld, 26

Dantzic, 216, 242

Dartmouth, 267

David I., 59

Davidson, Thomas, 84

Davis’ Straits, 184

Deal Castle, 279

Dean, Major-General, 382, 406, 408

Decay of English fisheries. _See_ Fisheries.

Decay of havens and sea-coast towns, 89, 90, 98, 446

Dee, Dr John, 27 n., 95, 111, 125, 203, 214 n., 364 n.; on sovereignty of sea, 99, 101

Delaware Bay, claimed by United States, 574, 599, 629

Delfshaven, 294 n., 298 n.

Delft, 73, 397 n.

Demetrius, Emanuel, 156

Denmark, 26, 45, 54, 464, 527; claim to cod-fishing at Iceland, 528; to whaling at Greenland, 527; fisheries of, 92; fishermen on British coasts, 605; claims to sovereignty of sea, 4, 8, 16, 33, 86, 105, 112, 158, 339, 340, 358; opposed by Queen Elizabeth, 107, 108, 109, 110; on striking, 470, 471, 473; territorial sea, 528, 529, 653, 655, 664; range of vision claimed, 529, 545; inclusion in Cromwell’s treaty with Dutch, 433

Deptford, 266

De Ruyter, 408, 456, 457 n., 458, 459, 463, 472, 479, 481, 489, 493

De Seneterre, 302

Desjardins, on territorial sea, 685, 688

“De Superioritate maris” roll, 8, 31, 41, 43, 44 and n., 45, 49, 50, 54, 363, 740, 744

Devonshire, Earl of, 138

De With, 408, 437

De Witt, Cornelius, 459

De Witt, John, 398, 414, 422, 433, 434, 449; secret negotiations with Cromwell, 430 n., 434, 435; secret negotiations with France regarding fishery and flag, 451-454, 471, 476; attitude on sovereignty of sea, 450, 451, 454, 468, 470; on fishery claim, 450, 451-457; on striking, 14, 452, 457, 467, 468, 470, 471; on striking to a frigate or ketch, 470, 477, 509; on striking to French, 463, 464; assassinated, 491

Dieppe, 49, 50, 61, 65, 116, 440, 473

Digby, Sir Kenelm, 292, 375

Digges, Sir Leonard, 96

Digges, Thomas, on foreshore and bed of sea, 362

Dogger Bank, 131, 407 n., 699, 700

Dominion of Sea. _See_ Sovereignty of Sea.

Dorchester, Viscount, 212. _See_ Carleton.

Dorp, van, 273, 274, 300, 312, 313, 321

Dorset, Earl of, 227 n.

Dort, 73

Dover, 49, 73, 103, 145 n., 204, 205, 265, 400; straits of, 6, 8, 16, 18, 36, 104, 273, 330, 397, 401, 515

Downing, Sir George, English ambassador at The Hague, 454, 482, 483, 488

Downs, The, 120, 245, 259, 260, 265, 268, 270, 274, 290, 323, 330, 331, 332, 334, 335, 336, 400

Drake, Sir F., 5, 107

Drechsel, C. F., Captain, 647 n., 707 n.

Dudley, Sir Henry, 116

Dues levied at Scarborough Castle, 64

Dunbar, 59, 153 n., 166, 221 n.

Dunedin, Lord, Lord Justice-General, on territorial sea, 724

Dunfermline, Earl of, 80, 179 n., 223

Dunkirk, 73, 125, 215, 242, 267, 278, 282, 327; blockade of, 253, 265, 266, 268, 270, 273-275, 276, 290, 327, 330, 334

Dunkirk privateers, 11, 243, 247-250, 261, 263, 265, 273, 282, 289, 291, 296, 302, 304, 318, 322, 327, 328, 330

Dunn, Sir Daniel, 146, 155

Dunwich, 90 n.

Durham, 133

Dussen, E. van der, Dutch ambassador, 185 n.

Dutch, 5, 69, 77, 79, 81, 143, 217, 243, 253, 255, 261, 263, 275, 289; commercial jealousy of, 10, 125, 142, 413; encouraged to settle in England, 515; growth of fisheries and commerce, 10, 62, 87, 143; fisheries, growth and extent of, 125, 126, 127, 128, 130, 142; on British coasts, 62, 64, 605; on Scottish coast, 82, 83, 187 n., 201; statistics of, 125-132, 158, 190, 438, 439 and n., 534; strength of fishing fleet, 98, 101, 125, 126, 127, 129, 144, 321; value of, 125, 131, 132, 142, 292, 366, 515; exports of fish, 87, 135; embargo on, 460, 462, 489; supply England with fish, 93; herring fishery, 10, 61, 78-85, 87, 93, 95, 112, 122, 125, 131, 134-137, 143-145, 157, 208, 214, 215, 247, 250, 273, 277, 296, 316, 407, 415, 424, 428, 449, 450, 451, 515, 534; description of, 131; exports of herrings, 132, 134; herring fleet attacked by Blake, 406, 407; whale fishing, 194 n., 181, 183, 184, 185, 407, 528; fishermen, frugality and industry of, 137, 141; settled at Stornoway, 216, 221, 237; complaints against, 144, 154, 168, 175, 177, 187, 234, 257, 292, 301, 438; proposal to tax, 141, 214; assize herring, 169-171, 197, 198; licenses to be forced on, 264, 300; proceedings with reference to Northumberland’s fleet, 301-305, 312, 313; payments for licenses to fish, 309, 310, 311; attempt to distribute licenses, 320, 321. _See_ also Fisheries and Sovereignty of Sea.

Dutch, first war with England, 405; second, 457; third, 474

Dutch fleet to protect fishermen, 321

Dutch East India Company, 185, 343, 344

Dutch Republic. _See_ United Provinces.

Dyer, Sir Edward, 103

Dymes, Captain John, 216, 217 n.

East India Company, 194

East Indies, 105, 184, 185, 193, 194, 198, 199, 200, 257, 339, 340, 343, 350, 393, 430, 457, 482

Eastland Merchants Company, 160

Eddystone, territoriality of, 641, 642, 643

Edgar, King, 26, 27, 28, 141, 158, 326, 365, 409

Edinburgh, 216, 228, 298, 324, 351

Edmonds, Sir Thomas, 243

Edward I., 7, 32, 40, 42, 43, 44, 49, 51, 58 n., 60, 66, 67, 213, 214, 363, 365

Edward II., 52 n., 56, 67, 254

Edward III., 7, 33, 36, 37, 38, 41, 42, 43, 44, 51, 53, 64, 66, 67, 211, 254, 365, 409

Edward IV., 63, 71, 110

Edward VI., 88, 89, 116

Elbe, 28

Elector Palatine, 198, 271, 303, 315, 316, 320

Elizabeth, Queen, 17, 65-85, 86, 87, 88, 91, 96, 102, 104, 115, 117, 118, 124, 136, 204, 246, 361, 433; asserts freedom of seas, 5, 108-112, 118; opposes claims of Denmark in northern seas, 86, 108-112; opposes Spanish and Portuguese claims, 86, 107; opposes _mare clausum_, 105, 338; made no claim to sovereignty of seas, 107, 108; policy to foster fisheries, 93; fishing declared free, 111; fishery disputes with Denmark, 106-112; policy regarding territorial waters, 111, 543

Elizabeth, Queen of Bohemia, 167 n., 198, 303, 305, 314, 315, 316, 321, 385

Emden, 129, 130, 195

England, Sea of. _See_ Sea.

English, new spirit of commercial enterprise in, 124, 136; irritation against Dutch, 134; jealous of their commerce, 413; fisheries, yield of, 215; condition of, 133; decay of, 75, 112, 358; description of, 133; fishermen, indolence of, 91, 137, 516; at Iceland, 108, 109, 110; at Norway, 108; molested by Dutch, 438

Enkhuisen, 139, 170, 171, 173, 298 n., 397 n., 439 n.

Entick, on Sovereignty of Sea, 311 n., 522

Essex, Earl of, 128 n., 473

Ethelred, King, 26

Evelyn, John, 312 n., 508; on Sovereignty of Sea, 514 and n.

Eversley, Lord, 702 n.

Evertsen, Vice-Admiral Jan, 399, 408

Exeter, 96

Exton, Sir Thomas, 513

Faeröe Isles, 175, 176, 528, 529, 545, 647, 711

Fair Isle, 126, 131

Fairlea, 65

Fairlight, 65, 402

Fajardo, Don Louis, 206 n.

Falkland Islands, 650

Falmouth, 276

Farne Isles, 618

Farrer, Sir T. H., 646

Fast-days, 58, 87

Fenton, John, 194, 195, 196 and n., 197, 757

Ferguson, on territorial sea, 684

Fielding, Captain, 320, 321, 322, 323, 324

Fife, 59, 166, 175 n., 445; fishermen of, 61, 83, 165

Finmark, 108, 109, 568

Fiore, on territorial sea, 684

Fish, abuses in trade in, 112, 113

Fish, commerce in, 61, 82, 88, 112, 134, 141; exports, 61, 132 n., 133, 134, 214; imports, 67, 113, 145, 442; prices regulated, 91

Fish days, 58, 87, 88, 90, 92 and n., 93, 94, 99 n., 114, 115, 136, 444

Fish, demand for, in early times, 58

Fish, destruction of spawn of, 608, 609, 610

Fish for victualling army and navy, 58

Fish, fresh, distribution of, 58

Fish, preservation of brood of, 213, 607, 608, 609, 610

Fish, protection of breeding-grounds of, 610

Fish, royal, 66, 362 n., 363

Fish, spawning of, 610

Fish, taxation of imported, 88, 441, 442, 446

Fish tithes, 59, 101, 141, 142, 203, 214, 242, 355

Fish, undersized, 444 n., 608, 636, 704, 706, 707, 708-710

Fisheries, appropriation of, 102

Fisheries, as nursery for navy, 87, 113, 134, 213

Fisheries, charter to Bruges, 461, 772

Fisheries, claim to wide limit by Argentina, 661, 662

Fisheries, claimed for crown, 57, 62, 288, 289, 292

Fisheries, closure of areas, 662, 720. _See_ Territorial Sea, Extra territorial.

Fisheries, cod-fishing at Lofoten Isles, 672 and n.

Fisheries, Conference at Hague, 1881, 632

Fisheries, decay of English, 86, 87, 89, 91, 92, 115; of Dutch, 534

Fisheries, disputes in North Sea, 631; at Iceland, 110; in North America, 621, 622-630

Fisheries, distant voyages, 57

Fisheries, Dutch, 93, 94, 96, 125-130. _See_ Dutch.

Fisheries, Dutch regulations on British coast, 605, 606 n.

Fisheries, early English law as to, 66

Fisheries Enquiries--Anglo-French in 1837, 611; by Royal Commissions in 1863, 701; in 1878, 702; in 1883, 702; by Select Committee of House of Commons in 1817, 610 n.; in 1833, 607-610; in 1893, 691, 707, 714 n.; by Select Committee of House of Lords in 1904, 710, 711 n.; by Mr Higgin as to disputes in North Sea, 1880, 631

Fisheries, estimated profits of, 137

Fisheries, exclusive limit for, 632, 633

Fisheries, exhaustibility of, 348, 355, 372, 546, 550, 559, 602

Fisheries, for coral, 659, 669, 684, 695; sponges, 659, 669; oysters, 612, 621, 697; pearls, 697

Fisheries, for “floating” fish, 698

Fisheries, freedom of fishing during war, 440, 461, 462, 489, 636

Fisheries, herring, 29, 34 n., 43, 58, 59, 71, 73-75, 90, 97, 130, 143, 157, 187, 190, 193, 197-200, 203, 214-218, 221 n., 238, 241, 264, 265, 272, 273, 302, 336, 378, 462, 491, 605, 698; importance of, 59, 61; at Bohuslän, 62; at Scania, 61; in Channel, 68; Dutch, _see_ Dutch; French, on British coasts, 606, 607, 608, 618; treaties granting liberty for, 67

Fisheries, importance of, 57; in Scotland, 76; for navy, 58, 86, 87, 200, 219, 428; in relation to international territorial limits, 693

Fisheries, impoverishment of grounds, 701, 702, 704, 706-711, 713, 714 n., 733, 738, 739 n.

Fisheries, in Channel, 65, 607

Fisheries, in North Sea. _See_ North Sea.

Fisheries, increase of shipping due to, 135

Fisheries, industries dependent on, 135

Fisheries, International Conference, London, 1890, 706

Fisheries, international investigations proposed, 707 n.; begun, 735, 736, 740; instructions to British delegates, 735, 736 n.; criticism of, 736 and n.

Fisheries, international regulations, 614, 618, 619, 630, 631, 636, 638, 645 n., 648, 704, 729; German proposal to protect fry and small fish, 636

Fisheries, liberty of fishing granted to Sweden, 427

Fisheries, liberty of fishing guaranteed by treaties, 8, 66-74

Fisheries, license for fishing at Zowe, 65, 749

Fisheries, old Scandinavian rights, 677

Fisheries, old Scots Acts regarding, 82, 83

Fisheries, policy of Scottish kings, 59

Fisheries, promoted by Charles I., 213, 214

Fisheries, proposals to develop English, 136, 138

Fisheries, protective legislation and regulation, 88, 91, 92, 93, 94, 112, 113, 213, 442, 533, 608 n.

Fisheries, regulations beyond three-mile limit, 614, 618, 619, 621, 661, 662, 666, 688, 691, 697, 698, 734, 735; of oyster beds, 621

Fisheries, rise of British, 534

Fisheries, Scottish treaties regarding, 75-82

Fisheries, sealing regulations, Argentina, 662; Uruguay, 663

Fisheries, small-fish grounds, 705, 708

Fisheries, the “Belgian devil,” 631

Fisheries, trawling, 134; methods, 699, 700, 701, 708, 714; development of, 680, 698-701, 711, 713, 739 n.; enterprise of British trawlers, 713; by British vessels on foreign coasts, 680, 711, 712, 713, 730, 735, 737; in Barents Sea, 657, 713; at Faröes, 711; at Finmarken, 680; French West Africa, 713; Iceland, 647, 648, 711; Morocco, 713; Spain and Portugal, 667 and n., 668 n., 713; foreign trawlers on Scottish coast, 647; damage by foreign trawlers, 631; destruction of undersized fish, 714 n.; Board of Trade empowered to restrict, 717; German proposals to restrict in North Sea, 636; restrictive regulations, 662, 698, 714, 733; in England, 715; prohibited beyond ordinary limits in Adriatic, 659; Argentina, 662; Austria-Hungary, 715; Italy, 71; Ireland, 715, 716; Norway, 680, 715; Portugal, 666-668; Scotland, 716-720; Spain, 666-668; bill to prohibit within eight miles of coast, 444 and n.; German proposal to restrict, 636; restrictions desired by English trawlers, 702, 704-710; ten-mile limit desired by English trawlers, 707; voluntary closure of Continental area, 704, 706; international agreement necessary, 732, 734, 735, 738; recent views as to extension of limits, 735, 737

Fisheries, tribute from foreigners proposed, 101, 138, 139, 295

Fisheries, truce for fishing during war, 74, 75

Fishermen, early frequent distant seas, 86

Fishermen, foreign-- On British coasts, 29, 33, 57, 59-62, 65, 69, 76, 83, 91, 92, 98, 101, 126, 129, 145-150, 227, 288, 533, 544 n., 605-608, 611, 615, 617, 618, 631; Belgian, 615-618; Dutch, 60, 62, 64, 77-79, 82-85, 94, and _see_ Dutch; Flemish, 29, 59-62, 83, 101; French, 59-62, 65, 83, 101, 150, 544 n., 606-608, 611, 617, 618, 631; Portuguese, 129; Spanish, 67, 129, 150; cause of increase of, 61; complaints against, 94, 95, 100, 101, 144, 604, 605, 631; against Belgian, 615, 616; Dutch, _see_ Dutch; French, 29, 544 n., 606-608, 611, 617, 618, 631; encouraged in England, 75; prohibited to fish, 9, 33, 150, 202, 227, 293, 294; licenses for, 62, 65, 150, 294; tax on proposed, 101, 138, 139, 214, 295; protection of, 63 On Irish coasts, 33, 92, 98, 101, 150

Fishermen, guardians of, appointed, 63

Fishery Conventions, 604, 693; Anglo-Belgian, of 1852, 61; Anglo-French, of 1839, 612, 613, 644; of 1867, 618, 619, 630, 633, 634, 645; North Sea, of 1882, 634, 637-639; Norway and Sweden decline to adhere to North Sea Convention, 636

Fishery, reciprocal right of, 626, 627, 658, 659, 665, 666; old Scandinavian rights, 677

Fishery, right of, Boroughs on, 364; Callis, 363; Craig, 357; Digges, 362; Fiore, 684; Graswinckel, 412; Grotius, 346, 351, 356; Hall, 688; Hautefeuille, 601, 602; Wicquefort, 495; Malynes, 358; Meadows, 525; Pontanus, 376; Puffendorf, 551; Rayneval, 596; Sarpi, 547; Selden, 372, 373; Stubbe, 497; Vasquius, 341; Vattel, 560, 561; Welwood, 354, 355; Wheaton, 599; Wolff, 559

Fishery rights, British North America. _See_ America.

Fishery Societies and Associations, 96, 97, 124, 128 n., 136-140, 160-162, 202, 203, 211, 214, 218, 222, 225, 227, 230 n., 232, 235-243, 266, 267, 292, 301, 328, 346, 439, 442, 444, 494, 515, 516, 533, 534

Fishing boats, 33; question of neutrality of, during war, 636

Fishing boats, varieties of, 63, 90, 126, 129

Fishing, old limit on Scottish coast, 79

Fishing, safe-conducts for, 62, 71, 72, 79

Fishing vessels, armed, 34 n., 43, 70

Fitton, Sir Henry, 64

Fitzmaurice, Lord, Under-Secretary for Foreign Affairs, on territorial sea, 630, 730, 731

Flag, “honour of.” _See_ Striking.

Flanders, 29, 30, 34, 43, 45, 52 n., 53, 55, 57, 59, 60, 61, 62, 69, 70, 71, 72, 75, 83, 88, 92, 101, 125, 209, 253, 255, 329

Fleta, 539

Fletcher, George, 225 n., 239 n.

Flushing, 142

Fogg, Captain, 322, 323

Foggo, Robert, 78

Folkestone, 33, 145 n.

Foreign Enlistment Act, 589

Foreshore, ownership of, 361-363

Forth, Firth of, 221 n., 273 n., 298; herring fishery, 59, 61, 77

Four Seas, 17, 18, 119 n., 251, 363

France, 8, 12, 14, 20, 29, 30, 32, 33, 35, 36, 44, 50, 57, 60, 61, 65, 67, 69, 70, 71, 72, 83, 88, 92, 97, 101, 103, 105, 117, 127, 129, 134, 151, 158, 189, 212, 246, 264, 265, 269, 275, 286, 413, 426, 451, 452, 463; Customs jurisdiction, 594; differences with United Provinces as to striking, 452, 463; regulation of fisheries beyond three miles, 657; territorial sea, 657; treaty with Dutch regarding fishery question, 451-454

Francis I. of France, 74, 75

_Franconia_, case of, 580 n., 590, 591

Frankland, 311 n.

Freiras, F. S. de, on _Mare Liberum_, 350

French fishermen on British coasts, 101, 129, 130, 150, 605; whalers at Spitzbergen, 182, 183 and n.

Frezno, Marquis of, 508

Friesland, 28, 45, 60, 62, 75, 81, 92, 104

Froissart, 32

Fryer, C. E., 619 n.

Fundy, Bay of, 623, 624, 625

Fyvie, Lord President, 223

Galiani, on territorial sea, 563; first to suggest three miles as equivalent to range of guns, 563

Galicia, 98, 469

Gama, Vasco da, 340

Garde, Baron de la, 116

Gelderland, 81

Genoa, 30, 45, 45 n., 402, 476, 504; sovereignty of Ligurian Sea, 4, 158, 339, 341, 371, 411, 473; limit of territorial sea, 570

Gentilis, on appropriation of sea, 122, 358, 359

Gentleman, Tobias, 128 and n., 129, 132, 134, 137, 358, 364 n.

Gerbier, 318

German Ocean, 19, 209

Germany, 45, 61, 197, 198, 199, 216, 373, 377; territorial waters of, 652, 653

Ghent, 71, 73; negotiations at, 581

Ghent, van, 462, 479, 480, 481, 482

Glanville, 539

Glückstadt, 473

Goch, Johan van, 185 n.

Godey, on range of vision, 546

Godolphin, 52 n., 53, 515

Godsdue, Richard, 162

Gondomar, Count of, 206, 208

Goodwin Sands, territoriality of, 640, 640 n.

Gorée, 477, 478, 490, 511

Goring, George, 314

_Grange_, case of, 574

Granville Bay, 612, 619, 697

Graswinckel, Dirck, 305, 354 n., 366 n., 375, 376 n., 411, 412, 550

Gravelines, 68, 282, 327

Greece, territorial sea, 661

Greenland, 4, 28, 108, 181, 184, 199, 257, 376, 393, 407, 430, 437; whale fishery at, 200, 527

Grey, Sir Edward, Secretary for Foreign Affairs, on territorial sea, 732, 733

Grimaldi, Reyner. _See_ Grimbald.

Grimbald, Reyner, 44 n., 45 and n., 47-51, 54, 409, 740, 744

Grimsby, 32, 699; trawlers of, in Moray Firth, 722, 727-729

Groningen, 81

Groningen-Watt, 578

Groot, de, 504

Groot, Cornets de, 344 n.

Groot, Hugo de. _See_ Grotius.

Grotius, 5, 105, 118, 148, 157 n., 158 n., 173, 174, 185 n., 190, 191 n., 256 n., 353, 366, 370, 530, 538, 546, 591; appearance of, _Mare Liberum_, 338, 342; object and genesis of, 342, 343, 344; arguments of, 344-350; defends a Dutch _mare clausum_, 340, 356; ‘Rights of War and Peace,’ 347 ; on appropriation of sea, 356; on Portuguese and Spanish claims, 339; on range of gun limit, 157 n., 158 n., 549; on Selden’s _Mare Clausum_, 375; on Welwood, 356

Grotius and James I., 346, 347 n., 351, 357

Guard for fishing fleet, 248

Guernsey, 36

Guiccardini, 125

Guise, Duke of, license to fish at Zowe, 65, 426

Gulf of Nuevo, 661

Gulf of St George, 661

Gulf of San Matias, 661

Guns, range of. _See_ Territorial sea.

Guthrie, Lord, on territorial sea, 623

Haas, Captain Adrian de, 486

Haddington, Earl of, 179 n.

Hagaland, 110

Hague, The, 81, 152, 172, 176, 212, 256, 305, 314, 335, 351, 367, 384, 414, 426, 474, 479, 482, 488; Conference at, 1881, 632; Tribunal N. American Fisheries Arbitration, 732 n.

Hale, Lord Chief-Justice, 18, 66, 363, 374, 543

Halifax Commission, 627

Halifax, Viscount, 490

Hall, H. van, 605 n.

Hall, on Sovereignty of Sea, 48 n., 312 n., 580 n.; on territorial sea, 687

Halleck, on territorial sea, 683

Halsbury, Lord, on territorial sea, 522, 730

Halse, Sir Nicholas, 130, 132, 142, 162 n., 292

Hamburg, 129, 130, 140, 195, 235, 485, 528; conference at, 336

Hamburgers, 117, 126, 141, 178 n., 227, 255

Hamilton, Marquis of, 186, 225 n.

Hamilton, Sir Thomas, 179 n., 223

Hampden, 324

Hansards, 30, 61, 62, 73

Hardy, Sir T. Duffus, 41

Harfleur, 70

Hargrave, 374; on Sovereignty of Sea, 580 n.

Harris, Captain Joseph, condemned to death for striking to Spaniard, 512

Harvey, Sir William, 162

Harwich, 274, 699

Hastings, 33, 40, 41, 145 n., 544 n.

Hatherly, Lord, on territorial sea, 586 n.

Hautefeuille, on territorial sea, 601

Hawkins, Sir John, 5, 117

Hay, Sir George, 186

Hay, Sir John, 217, 218, 220 n., 221, 225 n., 227, 239 n.

Headland doctrine, 360, 622, 624. _See_ Bays.

Heath, Attorney-General, 252

Heaton, Captain, 437

Hebrides, 153 n., 230, 234, 241 n., 301

Heemskerk, Jacob van, 5, 118, 183, 343

Heffter, on territorial sea, 600; on range of vision, 546

Helgeland, 108

Heneage, Lord, 728 n., 739

Henrietta Maria, Queen, 380, 382

Henry I., 16, 29, 31, 40, 41

Henry II., 28

Henry II. of France, 117

Henry III., 31, 66

Henry III. of France, 117

Henry IV., 43, 56, 67, 68, 69, 70

Henry IV. of France, 159, 204

Henry V., 8, 34, 41, 42, 43, 70, 108

Henry VI., 38, 70, 109

Henry VII., 63, 72, 73, 109, 387

Henry VIII., 62, 73, 75, 89, 109, 116

Henry, Prince, of Scotland, 81, 169

Herbert, Captain, 512

Herbert, Sir John, 146

Hermetra, 241 n.

Herring busses, 74 n., 162, 447

Herring fishery. _See_ Fisheries, herring.

Herrings, commerce in, 61, 132, 242; price of, 97

Herschell, Lord, on territorial sea, 592 n., 731

Hervey, Lord, 202

Heywood, Thomas, 326 and n.

Higgin, W. H., inquiry on North Sea fishery disputes, 631

Highlanders, 216, 242

Hitchcock, Captain Robert, 64, 95, 105, 125, 133, 136, 138, 203, 364 n.

Hoek, Dr P. P. C., 707 n.

Holland, 45, 60, 62, 64, 71, 72, 74 n., 75, 77, 78, 79, 81, 84, 92, 94, 95, 104, 125, 129, 132, 135, 139, 144, 151, 171, 172, 175, 190, 195, 197, 215, 292, 374, 384, 407, 433, 450, 460

Holland, Earl of, 77

Holland, fishery treaty with, 71, 72

Holland, Prof., 359 n.; on territorial sea, 691 n.

Hollanders. _See_ Dutch.

Holmes, Captain Sir Robert, 455, 456 n., 458, 484, 485, 486

Hoorn, Simon van, 449 n.

Horn, Andrew, 542

Hovering Acts, 593

Howard, Lord William, 117

Hübner, on territorial sea, 562

Hull, 43, 94, 96, 108, 194 n., 699

Humber, 133

Hume, 311 n.

Huxley, Professor, 702 n.

Hythe, 145 n.

Iceland, 4, 28, 86, 88, 97, 108, 109, 112, 113, 133, 145, 247, 248, 339, 376; area of fishing-grounds at, 739; English fishermen attacked by Danes, 109, 110; English traffic with, 339; Danish claims at, 528, 529, 567; fisheries at, 57, 94; English at, 87, 89, 90, 113, 408; foreign trawlers at, 700, 707, 711, 714 n.; fishery dispute between Denmark and United Provinces, 529; fishery limit at, 647, 648; seven-mile limit, 739, 740 n.

Idle persons, 98, 115, 116

Impressment of ships, 32

Indies, 107, 135, 215, 257, 341, 360, 457

Insecurity of sea, 247, 248, 249, 253

Institut de Droit International, on territorial sea, 689-692; articles on, 774

_Intercursus Magnus_, treaty, 72, 73, 80, 86, 157, 158, 256 n., 368, 386, 388, 394, 416, 425, 430, 449, 500

International fishery investigations. _See_ Fisheries.

International Law Association, on territorial sea, 689-692, 774; Articles on, 774

Inveraray, 83 n.

Ipswich, 247

Ireland, 29, 70, 88, 97, 98, 143, 201, 226, 257, 359; fisheries, 92; oyster fisheries, 697; foreigners prohibited from fishing at, 33, 63; restrictions on trawling beyond three-mile limit, 716; Spanish fishings at, 67, 98; territoriality of oyster-beds, 620, 621

Irgens, J., Norwegian Minister for Foreign Affairs, 673 n.

Isabel of Portugal, 70

Islay, 230

Isle of Man, fishery regulations, 698

Isle of May, fishing tithes, 59, 76

Italian jurists, 6, 35, 101, 347, 360, 539

Italian Republics, 3, 6, 340

Italy, 358; Customs jurisdiction, 594, 661; reciprocal rights of fishery with Austria, 659; territorial sea, 659

James I., 9, 17, 62, 73, 75, 81, 136, 257, 346, 347 n., 351, 353, 357

James I., a new policy, 118; antecedents of, 124; proclamation forbidding hostilities in King’s Chambers, 9, 119, 360, 750; concludes peace with Spain, 125; proclamation restraining foreigners from fishing on British coasts, 9, 145-148, 150, 541, 755; remit of Council on, 146; deliverance of Committee on, 147; attitude of French towards, 151; negotiations with Dutch, 151, 155-159, 170, 178-180, 185-194, 197, 198; proclamation suspended, 159; orders records to be searched, 162, 179, 187; grants of assize herrings, 165, 166; instructs assize herrings to be levied from foreign fishermen, 168, 757; indignation at capture of Brown, satisfaction demanded, 172, 174; forbids Scottish fishermen to fish within a land-kenning at the Faroes, 176; requests Dutch not to fish within sight of land, 176; requests Scottish Council to prevent the Hollanders fishing within sight of land, 178; again demands assize herrings from Dutch, 180; claims seas around Spitzbergen as British, 183; appoints commissioners to treat with Dutch envoys, 186; Dutch ambassadors without power to treat of herring fishery, 188, 189; indignation with Dutch ambassadors, 189; again gives way on the herring fishery question, 192; requests Dutch to prohibit fishing within fourteen miles, 192; negotiations with Dutch as to whale fishery, 193; Carleton advises fixing a limit, 193; Dutch agree to keep out of sight of shore, 193; orders assize herrings to be again collected, 194, 196; Dutch embassy appointed, 198; Dutch ambassadors without instructions to deal with fishery question, 199; speech to Dutch ambassadors, 199; indignation against Dutch, 200; Dutch ambassadors advise States-General to settle fishery question, 200; failure of policy of assize herring, 203

James II., 517

James III. of Scotland, 83

James V. of Scotland, 77, 78, 83, 218

James VI. of Scotland, treaty with Dutch, 80, 81

Jan Mayen, sealing at, 695; whaling at, 527

Japan, territorial sea, 661

Jenkins, Sir Leoline, judge of the High Court of Admiralty, judicial decisions regarding neutral waters, 553; plenipotentiary at Cologne, 498; on case of the _Merlin_, 480; on confiscation of Smyrna fleet, 486; on sovereignty of sea, 484 n.; on striking, 477, 480, 481, 501-503, 511, 512, 513

Jenkinson. _See_ Lord Liverpool.

Jennings, Edward, 115

Jersey, 36

Joachimi, Dutch ambassador, 155, 256, 301, 302, 304, 305, 306, 384

John’s ordinance, 6, 16; on striking, 39-43, 278, 365, 409

Johnsen, Hans, on Moray Firth, 728 n.

Jongestal, Dutch ambassador, 415, 417, 433

Jonson, Ben, 115, 196 n.

Juridical controversies about sovereignty of sea, 338-340, 410-413

Kanin, Cape, 657, 713

Kemble, 27, 28

Kennet, 311 n.

Kent, on territorial sea, 599

Kerouaille, Mademoiselle de, 475

Ketelby, Captain, 281

Keymer, John, author of the “Raleigh” tract, 126, 127, 128 n., 131, 358

Killigrew, Sir William, 280

King James’s Newland, 183

King John’s ordinance. _See_ John.

King, Thomas, 446, 448

King’s Chambers, 50, 54, 209, 260, 262, 263, 359, 360, 373, 539, 553, 598, 622, 723 n.; declaration of Trinity House as to limits of, 753; description of, 120; defined by James I., 9, 118, 120; extent of, 122, 251; proclamation concerning, 251, 750; question of validity of, 576, 577; restricted to neutrality, 122, 251, 548; violation of, 10, 245, 247, 255, 256, 258, 259, 326, 328, 330-333, 336

Kirkelee, 49

Kishinouye, Dr, 661 n.

Kleen, on territorial sea, 685

Klüber, on territorial sea, 597

Kronberg, striking at, 473, 520

Kyllachy, Lord, on territorial sea, 725

Lake, Sir Thomas, 359 n.

Lampredi, on territorial sea, 562

Lampreys, 244

“Land-fishing” in Scotland, 222, 226

Land-kenning in Scotland, 77, 84, 144, 154, 175, 176, 177 n., 178, 192, 193, 211, 218, 221, 222 n., 223, 228, 235, 545, 546; at Faroes, 175. _See_ Territorial Sea, Range of Vision.

Land-van-Staten, 506, 508, 510, 515

Larrey, 311 n.

Latour, on territorial sea, 595, 685

Laud, Archbishop, 243, 306, 314, 316, 368, 376 n.

Lauderdale, Lord, 187, 483, 507

Laughton, Professor, 521 n.

Law, early English, as to fishing, 66

Lawrence on territorial sea, 683, 688

Laws of Oleron, 6, 40, 42, 44 n., 51, 52, 54, 213, 363, 365

Laws of the Sea, old, 30, 52 n.

Lawson, Vice-Admiral Sir John, 437, 456, 457 n., 463, 472

_Leda_, case of, 586 n.

Lediard, 167 n., 311 n.

Lefevre, Mr Shaw. _See_ Lord Eversley.

Leghorn, 402, 473

Leicester, Earl of, 96, 264 n.

Lennox, Duke of, 130 n., 166, 168, 170, 172, 186, 195 and n., 230 n., 353, 461; grant of assize herrings to, 166, 168

Lent, 75, 87, 88, 114, 136, 214, 242, 244; difficulties in enforcing observance of, 114, 115; laxity of observance of, 88, 89; measures to enforce observance of, 88, 114. _See also_ Political Lent.

Leon, 32

“L’Espagnols sur Mer,” battle of, 37, 67

Levant, 340

Levi, Leoni, on territorial sea, 664 n.

Lewes, 216, 217, 220, 221, 224, 227, 234, 235, 237, 241, 242

Lewis, 216, 217 and n.

Leybourne, Lord William de, 45 n.

Leyden, 73, 342

Libelle of Englyshe Polycye, 18, 30, 37, 38 n.

Licenses for foreign fishermen, 62, 63, 111, 141, 210, 235, 257, 264, 288, 292, 294, 425, 426, 430, 453; for Dutch, 272, 488, 489; distributed to the busses, 300; sums received for, 309, 310, 311; offered to Dutch, 317; to French, 440, 454; to Swedes to fish in British seas, 427; Danish to fish at Iceland and northern seas, 108-112

Liens, Joachim, Dutch Ambassador, 185 n.

Ligurian Sea, sovereignty of, 4, 339, 341, 371, 411

Lindsay, Thomas, 242

Lindsey, Earl of, 250, 256, 257, 267, 270, 271, 275 n., 282, 284, 286, 287, 380; appointed Admiral of the first ship-money fleet, 259; his instructions from the Admiralty, 260; private instructions from Charles I., 264; to force licenses on Dutch fishermen, 264; punctilios of, as to flags, extent of British Seas, 264, 265, 266, 269; dissatisfaction of Charles with, 268; and the Dutch herring busses, 272; proceedings of the fleet, 259-274

Lisle, Viscount, 428, 429

Liverpool, Lord, on neutral rights, 596

Lizard, 103, 122, 269, 437

Loccenius, on territorial sea, 550

Loch Broom, 83

Loch Fyne, 83, 153 n.

Loch Maddy, 241 n.

Lofoten Isles, 672

Logan, Sir Robert, 77 n.

London, 7, 49, 50, 61, 88, 94, 96, 114, 124, 140, 189, 198, 199, 214, 223, 241, 266, 299 n., 330, 358, 384, 396, 404, 407, 428, 439, 443, 446, 448, 449; consumption of fish in, 87, 97; fish supply of, 131, 134, 144, 241 n.; and Fishery Society, 443; fishmongers of, 89

Long Parliament, 336, 414; attitude towards Sovereignty of Sea, 378, 379, 380, 381, 382

Lord Mayor, 115, 202, 214, 443, 448

Loreburn, Lord, on territorial sea, 732

“Lords of the Sea,” English kings as, 8, 28, 35, 36, 38 n., 39, 209, 210, 211, 244, 373

Lothian, Firth of, 153 n., 233, 235, 239

Lottery for Fishery Society, 244, 446, 447

Louis of Nassau, 449 n.

Louis XIV., 463, 465, 474, 476, 483, 490, 493, 503, 518, 526; on fishery question, 453; intrigue with Charles, 459; reveals to Charles De Witt’s negotiations, 471; his policy, 474; declares war against States-General, 488; on striking, 518

Low Countries, 73, 77, 94; fisheries of, 98; fishermen of, 94, 100, 144. _See also_ Dutch and Netherlands.

Lowestoft, 249, 307, 469

Lucas farthing, 470 n.

Lundy, Laird of, 188

Lushington, Dr, on territorial sea, 586 n.

Lynn, 49, 77 n., 90, 108, 247

Mackerel fishery, 134, 150

MacLeod, Sir Reginald, 667 n., 673 n.

Madrid, 150, 201, 253, 318

Mainwaring, Sir H., 65 n.

Malynes, Gerard, 128 n., 130 n., 138 n., 160; on the appropriation of the sea, 358

Manning, on territorial sea, 600

Mansel, Sir Robert, 219 n.

_Mare Clausum_, 11, 19, 20, 251, 254, 257, 258 n., 286, 287, 288, 289, 302, 315 n., 330, 365, 369, 375. _See_ Selden.

_Mare Liberum_, 255, 256 n., 257, 338, 340, 342, 374, 410. _See_ Grotius.

Margaret of Savoy, 73

Marine laws, 51, 52, 54

Maritime laws, 41, 42, 44

Marlborough, Duke of, 486 n., 531

Marion, Professor A. F., 667 n.

Marten, Sir Henry, 155, 174, 244 n., 251, 263, 264, 278, 283, 288, 295

Martens, F., 194 n.

Martens, G. F. von, on territorial sea, 563

Martens, Professor de, on territorial sea, 686, 688

Martin, Martin, 241 n.

Martin, Sir Henry, 39, 119 n., 762

Mary, Queen, 64, 88, 91, 117, 141, 206

Mary, Queen, of Hungary and Bohemia, 80 and n.

Mary Stuart, Queen, 79, 81, 83

Mason, Capt. John, 153 n., 167 n., 216, 219 n., 220 n., 241, 364 n.; grant of assize herrings to, 165, 166, 167 n.

Massé, on territorial sea, 602

Masson, Professor, 195 n.

Masterman, Captain Walter S., 711 n.

Masterman, Dr A. T., 735 n.

Maurice, Count, 173

Maximilian of Austria, 72

Meadows, Sir Philip, on sovereignty of sea, 397, 428 n., 510, 524, 694; proposes a convention for fishery limits, 525

Mechlin, 71

Medina Sidonia, Duke of, 142

Mediterranean, 28, 30, 134, 143, 340, 347, 372, 389, 437, 457, 485; striking in, _See_ Striking.

Meerman, Dutch ambassador, 483

Melrose, Earl of, 179 n.

Mendoza, 107

Merchant Adventurers, 160, 292

Merchant Associations to secure the peace of the sea, 6, 30

_Mercurius Politicus_, 410

_Merlin_, the King’s yacht, 15, 477-482, 510; encounter with Dutch fleet, 479; inquiry by Sir Leoline Jenkins on, 480

Mervin, Sir Henry, 284, 287, 296, 297, 300, 327

Mexico, Customs jurisdiction, 594; pearl fisheries, 697; treaties with, 679 and n.

Mid-line (_Thalweg_), 3, 101, 102, 111, 226, 361, 373, 541, 542, 652

Miles, Scots, 233 n.

Milton, John, 410, 428 n., 524

Minch, 230

_Mirror of Justice_ and mid-line, 542

Molloy, on sovereignty of sea, 514; on striking, 557

Monk, Duke of Albemarle, 408; on Dutch commerce, 457, 459

Monson, Sir William, 130 n., 132, 135, 143, 202, 204, 205, 206 n., 208, 216, 219 n., 259

Montague, General. _See_ Earl of Sandwich.

Monteith, Earl of, 224, 225 n., 239 n.

Moore, on sovereignty of sea, 580 n.; on territorial sea, 691 n.

Moray Firth, 233, 235, 239; prohibition of trawling within, 718, 720; foreign trawlers in, 647, 720-728; Norwegian-registered trawlers in, 721, 727; prosecution and conviction of foreign trawlers, 722, 723, 724, 727; case of _Catalonia_, 722; of Emmanuel Mortensen, 722, 724-727; of Martin Olsen, 722; of _Niobe_, 722, 724; of _Pinewold_, 723; of _Verbena_, 723; High Court of Justiciary decides prohibition applies to foreigners, 722, 724-727; protest by Norway, 727, 728; Norway favours a convention, 728, 730; and warns Norwegian trawlers to cease fishing in Moray Firth, 728; actions against British subjects on foreign trawlers, 728, 729; views of Foreign Office, 729, 730; proposal of International Council, 737; territoriality of, 723-728, 729, 732, 734; opinions of Scottish judges as to territoriality of, 724-727

Moray Firth, herring fishery in, 61

Morocco, 5, 256, 668; trawling at, 713

Morton, Earl of, 225 n., 239 n.

Moser, on territorial sea, 562

Muncke, Levinus, 155, 156 n.

Mundesley, 247

Murray, Captain David, 172, 195 n., 196

Muscovy Company, 160; whale fishery of, 181, 182, 183, 184, 194 n.

Musselburgh, 175 n., 445

Nansen, Dr Fridtjof, Norwegian Minister, 673 n., 728

Nantes, 97

Narrow seas, the, 8, 18, 19, 26, 29, 30, 34, 36, 113, 212, 213, 214, 253, 256, 260, 261, 270, 274, 287, 324 n., 327, 328, 361, 363, 381, 408, 430, 458, 459 n.; description of, 18; herring fisheries in, 67; hostilities prohibited in, 261, 262, 263; prizes taken in, 359 n.; striking in, 204-206, 270, 402. _See_ Channel.

National Sea Fisheries Protection Association, 667 n., 706, 728 n., 740

Naval Salute. _See_ Striking.

Navare, Michel de, 49

Navigation, freedom of, 3, 5, 6, 8, 11, 20, 33, 34, 35, 43, 67, 86, 106, 158, 341, 346, 358, 360, 365, 421, 497, 676

Navigation Act of 1651, 391 and n., 392, 413, 416, 419; of 1660, 441, 451, 464

Navy, 2, 5, 10, 11, 22, 26, 27, 31, 32, 34, 58, 68, 91, 92, 113, 117, 134, 246, 251, 252, 255, 257, 286, 288, 379, 428, 475, 517, 523; under Charles I., 246; under Edward III., 33, 36, 38; under Henry IV., 68; under Henry VI., 38; complaint of Commons on, 38

Navy and fisheries, 428

Needham, Marchamont, 410, 411

Netherlands, 21, 74, 76, 78, 79, 81, 82, 93 n., 94, 105, 112, 125, 126, 127 n., 138, 144, 168, 185, 200, 203, 312, 380, 397; prohibit their fishermen from fishing within two leagues of Scottish coast, 605, 606; territorial sea, 658. _See_ Dutch.

Neutral waters, 22, 119, 120, 359 n., 548, 586, 622, 641 n., 665, 685, 775; decrees regarding, 569-571; limit of, 546; proclamations and decisions regarding, 553, 554; Scandinavian limit of, 568; treaties regarding, 571, 572; usage in seventeenth century, 552, 553, 554

Newcastle, 34 n., 96, 114, 248, 249, 252, 273 n., 428

Newfoundland, 86, 88, 92, 97, 113, 219, 589; fishery rights at, 531, 532

Nicholas, Secretary of Admiralty, 44 n., 213, 262, 263, 275 n., 278, 292, 295, 318, 322

Nicholl, Sir John, on territorial sea, 586 n.

Nicolas, Sir N. H., 37, 45 n., 46 n., 53, 56

Nieuport, 60, 327, 400

Nieuport, William, Dutch ambassador, 395, 415, 417, 433

Nootka Sound, 573

Nordland, 108

Norfolk, 46 n., 63, 90, 94, 101, 162, 248

Norham, 60

Norman Conquest, 6, 27, 28, 29, 30, 31, 59, 372

Normandy, 29, 36, 43, 48, 50, 59, 62, 69, 74, 97, 103, 129, 213

Northampton, Earl of, 138, 353

North Cape, 58, 86, 478, 502, 503

North-east passage, 343

Northmen, sea power of, 26, 28

North Sea, 21, 22, 43, 246, 247, 382, 432, 434, 465, 466 n.; fisheries, 43, 60, 87, 89, 130, 131, 133, 408, 470; Conference at Hague on, 1881, 632; Fishery Convention, 1882, 634, 637, 638, 639, 644, 721, 722, 725, 726, 735, 737; defects in definitions, 641; question of limit of exclusive fishing on other coasts, 643, 644, 645, 646; Sweden and Norway decline to join, 636; development of trawling in, 699, 700; impoverishment of fishing-grounds in, 706-710, 711, 738, 739 n.

Northumberland, Earl of, 131, 243, 264, 266 n., 278, 279, 319, 320, 322, 323, 327, 379, 380, 388, 425, 426, 557; appointed admiral of second ship-money fleet, 287; instructions of Admiralty, 289, 290; instructions from Charles, 295; proceedings of fleet in Channel, 290, 291; proceedings of fleet against Dutch fishermen, 295-300, 307-311; forces licenses on Dutch fishermen, 12, 291, 296, 297, 298, 299, 300, 301, 308; appointed admiral of the third ship-money fleet, 319; appointed Lord High Admiral, 329

Norway, 34, 45, 169 n., 339, 527; area of fishing-grounds, 738; Customs jurisdiction, 594; declines three-mile limit, 633, 678; declines to adhere to North Sea Convention, 636, 783; disputes with England as to fisheries, 108, 110; fisheries, 92; fisheries in Vestfjord, 672, 677; fishery limit early fixed, 528; special fishery limits, 671, 672, 678, 679; foreign trawlers seized for illegal fishing, 680; registered trawlers in Moray Firth, 721, 727, 728; sovereignty of sea of, 4; territorial sea, 653, 669-681, 685; method of computing, 653, 655, 669, 670, 676, 678, 685; respected by foreign fishermen, 677, 678

Norwegian Sea, sovereignty over, 4, 16

Nottingham, Earl of, 206, 353

Nova Zembla, 184

Okhotsk, Sea of, foreigners fishing in, 585

Oldenbarneveldt. _See_ Barneveldt.

Oldys, 127 n.

Oleron, Laws of. _See_ Laws.

_Onward Ho!_ case of, 657 n.

Oppenheim, on territorial sea, 688

Oquendo, Don Antonio de, 330-334

Orange, Prince of, 190, 197, 303, 306, 314, 315 n., 384, 387, 422, 430, 433, 434, 460, 462, 490, 491, 492, 503, 517

Orfordness, 49, 277, 553

Orkney, 88, 108, 126, 165, 169, 180, 201, 215, 221, 227, 230, 234, 406

Orkney, Earl of, 169 n.

Ormonde, Marquis of, 450

Ortolan, on territorial sea, 601

Orwell, 54

Ossory, Lord, 485, 486 n.

Ostend, 43, 309

Ouwers, Egidio, 273 n.

Overbury, Sir Thomas, 127 n.

Over-Yssel, 81

Owen, Captain, 382

Oxford, 358

Oyster fisheries, special treatment of, 657; question of territoriality of Irish, 620, 621; reserved for French, 612, 619, 620

Pacius, on Venetian dominion of sea, 351

Palatinate, 198, 199, 210, 253, 265, 271, 274, 275, 286, 302, 305, 306, 314, 315, 316, 331

Papal Bulls, 5, 105, 106, 107, 339, 342, 344, 372

Pardessus, 41, 42

Parliament, 67, 77 n., 116, 211, 214, 367, 409, 414, 443, 449, 457, 458, 475, 483, 492, 493, 503, 506, 532; on safeguarding the sea, 34; petitions for dues on navigation of Channel, 35; on navy, 38

Parliament of Ireland, 33, 63

Parliament of Scotland, 82, 218, 220, 221, 222, 223, 224, 225

Parry, Sir Thomas, 155

Pauw, Adrian, Dutch ambassador, 405, 414

Pearl fisheries, 697; Vattel on, 560

Pedrogue, John de, 45 n., 49, 50

Pembroke, Earl of, 227, 239 n., 240-244, 446

Pendennis Castle, 280

Penn, Sir William, 383, 408, 456

Pennington, Sir John, 208, 212, 244, 259, 261, 264, 274, 275 n., 287, 290, 296, 297, 321, 322, 324, 327, 328, 379, 403; instructions as to striking, 261-263, 276, 277; suggestion as to neutral waters round a King’s ship, 262; on striking, 277, 278, 279, 280, 283; action at Battle of Downs, 329-335

Pepys, Samuel, 312 n., 513, 514; on Fishery Society, 447 n., 448, 449; on striking, 456; on second Dutch war, 458, 459; on state of navy, 517

Perels, on territorial sea, 652, 684, 688

Perkins, Sir Christopher, 146, 155

Perre, Van de, Dutch ambassador, 391, 415

Petersen, Gisbert, fishing license to, 460

Philip, Archduke of Austria, 72

Philip the Fair, 44

Philip II., 64, 81, 107, 141, 205, 425, 426, 544

Philip III., 350

Philip IV., 350

Phillimore, 312 n.; on territorial sea, 682

Picardy, 29, 62, 74, 88, 103, 130

Picaroons, 273, 276

Pilchard, 134, 143, 227, 235, 447

Piracy, prevalence of, 4, 5, 7, 30, 43

Pirates, 68, 72 n., 78, 79, 82, 91, 247, 253, 254, 260, 269, 274, 284 n., 291, 292, 327, 339, 390, 421, 456, 471

Pistoye and Duverdy, on territorial sea, 602

Pitt, on fishery arrangements with France, 532

Pittenweem, 59, 175 n.

Plague, 299 n.

Plancius, 183

Plantagenets, 8, 11, 30, 43, 75, 209, 211, 213, 258, 368, 421

Plegher, 80

Plowden, on sea of England, 102, 111, 361, 543

Plumleigh, Captain, 208, 277, 280

Plymouth, 33, 117, 267, 268, 327

Poland, 61; claim to Baltic, 4, 371, 377

Political Lent, the, 87, 88, 89, 112, 114

Pontalis, on fishery question, 453 n.

Pontanus, J. I., on Selden’s _Mare Clausum_, 376, 550

Pope, the, 28, 105, 106, 107, 212, 277 n., 339, 371

Popham, Col. Edward, 382

Porpoise, 88

Portland, 267

Portland Castle, 256, 279

Portland, Earl of, 239 n., 241, 253

Portsmouth, 114, 408

Portsmouth, Duchess of, 475

Portugal, 91, 268; area of fishing-grounds, 738; fishermen visit British coasts, 129; and Irish coast, 98; fishery treaty with, 67; foreign trawlers at, 713; claim to sovereignty of sea, 5, 86, 105-108, 112, 340, 343, 344, 350; territorial sea, 569, 664, 668

Pradier-Fodéré, on territorial sea, 684, 688

Prerogative of crown, 236

Pribilov Islands, 695

Privateers, 462

Prize, law of, 359 n.

Prussia, 34, 216; fishermen on British coasts, 605

Prynne, Keeper of the Records, 17, 25, 27 n., 39, 43, 44 n., 213, 326 n., 352 n., 367 and n.; on the sovereignty of the sea, 493

Puffendorf, on territorial sea, 551

Quarantine Acts, 594

Rainsford, Richard, 64, 138, 141, 142, 145, 159

Raleigh, Sir Walter, 127 and n., 136, 204, 413

Raleigh tract. _See_ Keymer.

Ramsgate, 699

Range of guns, Grotius on, 349; range of modern guns, 21; range of gun limit, 549; range of guns and salute, 473 n.; range of vision, 175, 193, 544; claimed by Denmark, 529; Grotius on, 347; old English law, 544; prescribed by Philip II., 544 _See_ Land-kenning and Territorial sea.

Rapin, 167 n., 311 n.

Rayneval, on range of vision, 546; on territorial sea, 596

Reddie, on territorial sea, 600

Reformation, 67; influence of, on fisheries, 75, 87, 89, 92

Reprisals between Scots and Dutch, 77, 78, 79, 84; between traders, 53, 54

Reserved waters. _See_ Scotland.

Restoration, the, 14, 441

Revocation, Act of, 226

Rhé, Isle de, 246, 290

Richard I., 32, 40, 41, 51, 52

Richard II., 33, 62, 363

Richard III., 63, 72 n.

Richelieu, Cardinal, 12, 210, 246, 261, 270, 271, 272, 273, 275, 276 n., 283, 291, 314, 526

Right of fishery. _See_ Fishery.

Right of search, 13, 330, 389, 393

Rio de la Plata, territoriality of, 663

Ripperda, Joachim, Dutch ambassador, 449

Rivalry in trade between English and Dutch, 10, 441, 457

Rochelle, 97, 267, 276 n., 290

Roe, Sir Thomas, 240, 276, 303, 306, 314, 315, 316 n., 323, 324

Roman law as to sea, 3, 344, 353, 356, 360, 539; as to fishing, 66

Romans and sovereignty of sea, 26

Rool d’Oleron. _See_ Laws of Oleron.

Rose, Richard, 324 n.

Rosny, Sieur de, 204

Rostock, 195

Rotterdam, 79, 171, 327, 397 n., 511

Rouen, 61

Royal fishery, Pepys on, 447 n., 448

Roxburgh, Earl of, 225 n., 239 n.

Rupert, Prince, 382, 493

Russia, 29, 61, 110, 142, 158, 358; Behring Sea question, 581, 582; Company, _see_ Muscovy Company; Customs limit, 656, 657 n.; territorial sea, 656

Ruyter, Captain, 298 n., 304

Rye, 33, 54, 65, 145 n., 483

Ryley, William, Keeper of the Records, 409, 410 n.

Ryswick, 466 n.

Saen, Joris van der, 402, 404

St Andrews, 352

St George’s Channel, 142

St John, Lord Chief-Justice, 72; proceeds to The Hague, 384; negotiations with Dutch, 385-390; his proposals for alliance and coalescence, 385; _Intercursus Magnus_ taken as basis of treaty, 386, 387; his seven articles, 387; the Dutch thirty-six articles, 388; abstract of, 764; as to fishing, 388, 389; Dutch proposals as to sovereignty of sea, 389; for a joint fleet to police the seas, 389, 395; Dutch withdraw proposal as to striking, 390; failure of negotiations, 390; leaves The Hague, 391

St Lo, Captain George, on fishery limit at Yarmouth, 546 n.

Safe-conducts for fishing, 7, 33, 74

Salisbury, Earl, 64, 130 n., 150, 151, 155, 159, 223, 227 n., 359 n., 360; on 100-mile limit, 541

Salisbury, Marquis of, on territorial sea, 592, 731

Salisbury, Miss E., 45 n.

Salmon fishing, 26, 233, 234, 235

Salute. _See_ Striking.

Sandwich, 73; Knut’s grant of, 542

Sandwich, Earl of, 438, 463, 472

Saracens, 5, 339

Sarpi, on territorial sea, 547

Savage, Viscount, 239 n.

Savoy, Duke of, 540

Scania, 34, 362 n.; decline of herring fishery at, 61

Scarborough, 49, 89, 108, 142, 247, 250, 256, 273, 274, 322; castle, 64

Scaw, three-mile limit at, varies, 640 n.

Schaep, Dutch ambassador, 391

Schelde, 28

Scheveningen, 460

Schiedam, 78, 79, 318, 397 n.

Schmalz, on territorial sea, 597

Scilly Isles, 269, 390, 398, 399

Scotland, 48, 49, 59, 88; Draft Treaty of Union with England, 1604, 84, 192, 223, 227, 228, 230, 232, 694; fish exported from, 61; fisheries of, 93; importance of, 76; claim to, 76, 82; exclusive spirit as to, 76; policy towards, 82; treaties regarding, 75-82; foreigners at West Coast fishings, 83, 130; jealousy of foreign fishermen, 77, 124; fishing in bays and lochs prohibited, 202; attacks on Dutch fishermen, 77; complaints against Dutch fishermen, 144, 168, 177, 201, 234, 301; complaints against French fishermen, 606, 617; Dutch edicts _re_ fishing, 201; old fishery limits, 226-229; old limit against Dutch, 83, 84; herring fishery in, 59, 61, 76, 79, 83, 143, 221 n.; extra-territorial jurisdiction in, 698; instructions of Privy Council _re_ assize herrings, 757; fishery Acts, 76; fishery scheme, 225, 227; fishery society, 444; fishing in lochs claimed, 218; “land fishing” described, 222 and n.; land-kenning, _see_ Land-kenning; limits of territorial sea, 226, 227, 228, 229, 230; limit of 14 miles in Draft Treaty of Union, 223; limit of two leagues fixed by Dutch, 605, 606; reserved waters, 77, 84, 209, 211, 218, 220, 222, 223, 226-230, 234, 236-238, 445, 547

Scotland, royal burghs, 76, 216, 217, 220, 221; ask that the Dutch be removed within a land-kenning, 221; and fishery society, 445; oppose assize herrings, 166; territoriality of firths, 692; trawling restrictions on, 715, 716; Fishery Board empowered to restrict, 717; Bill to extend prohibition of, 720; Act fixing thirteen-mile limit for, 720; treaties with the Dutch, 188 n.

Scotland, Sea Fisheries Regulation Act, 1895, 592

Scott, Thomas, 284

Scott, Sir William. _See_ Stowell, Lord.

Scottish Seas, the, 226

Scudamore, Lord, 272

Sea, appropriation of, 537, 539; in Middle Ages, 3; reasons for, 5; Roman law on, 539, 541; opinions of Italian jurists, 101, 104; opinions of modern jurists on, 552; Bynkershoek, 555; Callis, 363; Lord Chief-Justice Coke on, 363; Gentilis on, 358, 359; Graswinckel on, 411, 412; Loccenius, 550; Puffendorf, 550; Lord Salisbury on, 361; Selden, 370-374; Lord Stair, 545 n.; Vattel, 560

Sea, exhaustibility of. _See_ Fisheries.

Sea, “High Seas,” 50, 54

Sea, insecurity of, 5, 6, 30, 53, 54, 57, 70, 247-257

Sea, measures for guarding, 31, 32, 33, 34

Sea, sovereignty of. _See_ Sovereignty.

Sea of England, 7, 8, 9, 11, 20, 31, 41, 101, 209; extent of, 15, 16, 54, 55, 56; seizure of ships in, by Grimbald, 49, 50; sovereign lordship of, 43, 46, 51, 54, 55; Callis on, 363; Plowden on, 102; terms applied to, 16, 17; the “Two Seas,” 17; the “Three Seas,” 17; the “Four Seas,” 17, 18, 251

Sea, property in bed of, 362

Seaforth, Earl of, 216, 220, 221, 222 n.

Sealing, 695, 696

Seals, 88

Seas, British, extent of, 15, 16, 18, 19, 20, 26, 208, 264 and n., 381, 418, 419, 429, 431-437, 459 n., 465, 466 and n., 469, 470, 477, 495, 505, 506 and n., 510, 515, 521; Admiralty on, 437, 438; reluctance of Admiralty to define, 20, 264 and n.; boundaries intentionally left undefined, 20; Dee on extent of, 101-103; dispute as to extent of, 437; Richard Cromwell on extent of, 438; Thurloe on extent of, 434; Trinity House on extent of, 20, 477, 478; on striking in, 469, 470, 501-505; claim to, gradually died out, 21

Sebastian, King, 107

Secretary for Scotland, 219, 227 n., 232

Seine, 26, 28

Seines, Bill to prohibit, within ten miles, 444 n.

Selden, 11, 17, 20, 25, 26, 31, 32, 33, 34, 39, 41, 43, 44, 45 n., 48, 49, 55, 56, 62, 64 n., 66, 119 n., 183, 186 n., 213, 251, 254, 258 n., 279, 286, 305, 352 n., 353, 363, 410 n., 456, 469, 546, 550, 551; controversy with Graswinckel, 411, 412; imprisonment and release of, 367; requested by Charles to write _Mare Clausum_, 366; on British seas, 19; on English sovereignty of sea, 373, 374; on exhaustibility of sea, 372; _Mare Clausum_, 11, 20, 254, 258 n., 315 n., 330, 389, 425, 456, 502, 504, 509 n., 543; history of, 365, 366; publication of, 288, 367; political importance of, 368, 369; importance of, in English law, 369, 374; satisfaction of Charles with, 368, 369; arguments of, 369-374; anxiety in Holland about, 374, 375; translated, 410

Semeyns, Meynert, 242 n.

Servat, William, 50

Seven Stones Rocks, territoriality of, 642, 643

Shaftesbury, Earl of, 492; on the Dutch, 506

Sheerness seized by Dutch, 459

Shetlands, 4, 76, 88, 89, 90 n., 108, 113, 126, 129, 131, 151, 165, 169, 180, 201, 215, 221, 227, 230, 234, 238, 241, 406, 443, 534

Shields, 84

Ship-money, 324, 329, 379

Ship-money fleet, first, 256, 259 n.; object of, 260, 264, 265; proceedings of, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274; failure of, 274, 275. _See_ Lindsey. Second, 286; its object, 287, 288; opinion of Admiralty on convoying foreign vessels, 288, 289, 762; on protecting foreign licensed fishermen, 288, 762; proceedings of fleet, 290, 291, 295-301, 307-311; failure to meet with French, 290; instructions of Charles as to foreign fishermen, 295; licenses distributed to Dutch herring busses, 298, 300, 308; amount received as convoy and license-money, 309, 310, 311. _See_ Northumberland. Third, 319, 323. Fourth, 327.

Ship-money writs, 36 n., 211, 253, 254, 286

Ships, impressment of, 32

Shookius, 550

Shovel, Sir Cloudesley, 520

Shrewsbury, Duke of, 520

Sicily, 29

Skagerrack, 438 and n.; territoriality of, 636, 653

Sleeve, the, 260

Slingsby, Capt., 327

Sluys, battle of, 36, 37, 38

Smeerenburg, 194 n.

Smith, Captain John, 312 n., 494

Smith, Lieut. Thomas, dismissed for forcing French to strike, 521

Smith, Northumberland’s Secretary, 328, 331, 332

Smith, Simon, 242 n., 244 n., 442, 443 n., 448

Smyrna fleet, 485, 486, 487

Society of Fishing Merchants, 138, 159

Solebay, battle of, 489

Solinus, 25

Somerset, Earl of, 56 n.

Sommelsdijck, Lord of. _See_ Aerssen.

Sound, the sovereignty over, 4, 8, 16, 108; toll levied at the, 4, 8, 35, 91, 108, 110, 154, 190, 339, 501

South America, territorial sea, 661

Southampton, 68, 73, 94

Southwold, 90 n., 534

“Sovereign of the Seas,” the, 28, 326

Sovereignty of the sea, among ancients, 371 n., 373

Sovereignty of sea, decadence of claim to, 15, 517, 522, 523, 566

Sovereignty of sea, juridical controversies about, 5, 410-413; liberty of navigation, 8, 11, 33, 34, 54. _See_ Navigation.

Sovereignty of the sea, meaning of, 2; striking as a symbol of, 39

Sovereignty of sea, treatises on, 364 n.

Sovereignty of the sea, Barrère on, 595; Blackstone, 580 n.; Boroughs, 364-366; Champagne, 595, 596; Chitty, 580 n.; Secretary Coke, 272; Cromwell, 423, 424; Dr Dee, 99, 103; De Witt, 454, 468, 470; Evelyn, 514; English writers, 493, 494, 513; Gentilis, 359; Hall, 580 n.; Hargrave, 580 n.; Italian jurists, 6; Jenkins, 484 n.; Loccenius, 550; Molloy, 514; Moore, 580 n.; naval historians on, 521; Selden, 370-374; Stubbe, 496-498; Wicquefort, 495; Baltic, 4, 33, 552; Bothnian Gulf, 4

Sovereignty of sea, Denmark, 4, 8, 16, 33, 105, 108, 158, 339, 371, 376, 530, 552, 567; contested by Elizabeth, 86; England, origin of English claims, 6, 29, 30; nature of, 8, 30; defects of, 33; early history of, 25; under ancient Britons, 25, 26; under Romans, 25, 365; under Anglo-Saxons, 26; under King Edgar, 27; before Norman Conquest, 27; after Norman Conquest, 29; under Plantagenet Kings, 30, 40, 51, 52; rolls concerning, 8, 43, 44, 45, 740, 744; not claimed, by Tudors, 86, 111; importance of claim under Stuarts, 9, 10, 118; claimed as a prerogative of the crown, 211; aimed against Dutch, 10, 125; extravagant claims under Charles I., 209, 251, 264, 274; under the Commonwealth, 378-382, 394, 395, 409, 412; under Charles II., 441, 458, 487, 488; decadence of claim, 15, 517, 522, 523; of France, 287; of Genoa, 4, 339, 341, 371; of Norway, 4, 16, 530; of Pisans, 371; Poland, 4, 377; Portugal, 5, 105-108, 112, 338, 339, 341, 371, 552; Spain, 5, 105-108, 112, 118, 158, 330, 339, 341, 371, 552; Sweden, 4, 350, 552; Tuscans, 371; Venice, 3, 4, 8, 16, 33, 338, 339, 341, 350, 351, 351 n., 371, 552, 566

Sowe. _See_ Zowe.

Spain, 20, 30, 33, 45, 57, 87, 91, 95, 107, 189, 198, 199, 203, 205, 212, 245, 247, 253, 255, 264, 266, 268, 275, 286, 304, 493; claim to sovereignty of sea, 5, 86, 105-108, 112, 118, 188, 339; fisheries, 92; area of fishing-grounds, 738; foreign trawlers at, 713; fishermen of, on British coasts, 67, 129, 150; peace with England, 125, 358; war with United Provinces, 9, 119, 139, 148, 201, 243 n., 251; territorial sea, 644-668; limits of, 569, 664; Customs limit, 594; disputes with Great Britain and United States as to territorial sea, 664, 665

Spaniards forced to strike, 117, 206

Spanish Netherlands, 266, 272, 275

Spanish whalers at Spitzbergen, 182, 183 n.

Spelman, 27

Spitzbergen, 4; whaling at, 112, 164, 181, 182-185, 193, 194, 194 n., 198, 199, 200, 527. _See also_ Greenland.

Spragge, Sir Edward, 485, 489

Sprat fishery, 133

Stair, Lord, on territorial limit, 545 n.

Star Chamber, 243

Start, the, 260

State merchant, 136

States-General of the United Provinces, 84, 178, 186, 190, 192, 258, 292, 343, 351, 415, 481; conclude treaty with James VI., 81; conclude peace with Spain, 148; consider James’s proclamation on unlicensed fishing, 148, 150; decide to maintain freedom of fishing on British coast, 151; send embassy to James about, 155; arguments used, 155, 159; proclamation suspended, 159; apologise for the capture of Brown, 173; send the Captain responsible to London, 174; publish an edict forbidding their fishermen to interfere with Scottish fishermen, 179: negotiations with James, 189; disputes as to whale fishing at Spitzbergen, 181-185; send another embassy to London, 185; no instructions as to fishery question, 188, 189; order their fishermen to keep out of sight of shore, 193; send another embassy to James, 199; again without instructions as to fishery question, 199, 200; renew their edicts and order their fishermen not to go too near Scottish coast, 201; proceedings regarding licenses of Charles I., 301, 302, 303, 304, 305, 312, 313, 314, 315; instructions to Evertsen as to striking, 399; to Tromp, 399, 402 n., 405; send Van Dorp to protect the busses from Northumberland, 300; order Van Dorp to prevent acceptance of licenses, 312, 313; send Aerssen van Sommelsdijck as ambassador, 336; on Selden’s ‘Mare Clausum,’ 375; resolve to increase their fleet, 393; and question of striking, 390, 392; attitude to the Parliament, 381; send ambassador to London, 384; negotiations with St John, 384-391; another embassy to London, 391; consider and postpone question of striking, 392, 399; resolve to strengthen their fleet, 393; negotiations interrupted by Tromp’s encounter with Blake, 397; disown Tromp’s action, 405; instruct him to strike, 405; send the Grand Pensionary to London, 405; recall ambassador and prepare for war, 405, 406; send four deputies to the Parliament, 415; negotiations for peace, 414-435; peace concluded, 435

States-General and Charles II., action on fishery Bill, 449, 450, 451; embargo on fisheries, 460, 462; propose freedom of fishing during war, 461, 462; differences with France as to, 463; decision as to striking, 469, 481; orders to their men-of-war on striking, 473; drawn into dispute about striking, 482; yield as to striking, 483, 484; sue for peace, 490; terms offered, 490; reject terms, 491; negotiations for peace, 498-506; peace concluded, 508

States-General. _See_ Dutch, Netherlands, United Provinces.

States of Holland, 151, 155, 190, 303, 375, 384, 398, 407, 414

Stebbing, 127 n.

Stephens, Violet, 139

Stewart, Lord Robert, 169 n.

Stirling, Viscount, 239 n.

Stornoway, 216, 242

Stowell, Lord, decisions respecting territorial limit, 577, 578, 641 n., 681, 682; on three-mile limit, 641 n.

Straddling, Captain, 207 n., 282, 327

Straits of Dover. _See_ Dover.

Strange, Lady, 283

Stratherne, Earl of, 239 n.

Strauchius, 550

Strickland, Walter, 384, 392, 429

Striking as an acknowledgment of maritime sovereignty, 3, 210; origin of, 7, 42, 207; first instance of, 43; John’s ordinance on, 39-43; under Tudors, 116; under Henry VIII., 116; opposed by French, 117; under Elizabeth, 117, 204; under James I., 204-208

Striking under Charles I., 11, 12, 210, 212; becomes very prominent, 276; arrogance of English officers regarding, 280, 281, 282; under Commonwealth, 378, 380, 381; under Charles II., 496; James II. and after, 552; decay of claim to, 327, 518, 519, 522; abandoned after Trafalgar, 15, 523; Admiralty instructions concerning, 260, 261, 277, 278, 380-383, 456, 469, 523 n.

Striking, rules and customs of, 206-208, 277, 278, 398, 463, 464, 466, 469-472, 481; not well understood, 277, 456, 466, 469, 470, 478, 479

Striking at foreign ports and coasts, 278, 279, 280, 281, 282, 327, 381, 473, 477, 557; before forts, 256, 279, 280, 472; in British seas, 502, 503; in Mediterranean, 327, 413, 456, 468, 473, 488; in narrow seas, 206, 207 n., 208, 277, 402

Striking by merchant vessels, 206, 207, 282, 513; British, 260, 275, 283, 284, 285, 519; foreign, 207, 275, 513

Striking by Danes, 266, 282; claim to, by Danes, 473, 520; by Dunkirkers, 275, 282, 327

Striking by Dutch, 12, 13, 117, 204, 205, 208, 267, 269, 270, 276, 277, 279, 280, 281, 300, 327, 328, 330, 334, 383, 390, 392, 397, 398, 400-403, 437, 438, 449, 452, 455-457, 466-469, 472, 473, 477-481, 485, 486, 490, 491 n., 495, 501, 510-513, 520; States-General consider question, 390, 392, 397; De Witt’s proposals regarding, 467, 468, 469, 470; on striking to a frigate or ketch, 468-470; question of whole fleet to single ship, 477, 478, 479, 482; terms offered Dutch, 490, 491 n.; offer to strike in all seas, 432, 505, 506, 510; by Dutch to French, 276 and n.; by English to Dutch, 512

Striking by French, 117, 204, 212, 267, 270 and n., 271, 272, 275, 276, 279, 280, 283, 291, 313, 327, 332, 333, 471, 477, 488, 512, 513, 518, 520, 521; French demand salute from English vessels, 212; force English merchant vessels to strike, 268, 277, 283, 327; by Hamburgers, 117; by Spaniards, 205, 327, 330, 477; by English to Spaniards, 512; by Swedes, 382, 455, 456 n., 520

Striking, Bynkershoek on, 556; Jenkins on, 480, 481; jurists on, 557; Molloy on, 515; Wicquefort on, 495; Duke of York on, 469

Striking, treaties regarding, 382, 455, 508, 517, 522-572 n.

Striking, arrangement between Charles and Louis, 488

Striking, arrangement between France and the United Provinces proposed, 452

Striking, differences between French and Dutch as to, 452, 463

Striking, French edicts on, 513

Striking, Richelieu’s proposals, 271, 272

Striking, Tromp’s memorandum on, 398, 770

Stuarts, the, 9, 57, 65, 118, 378

Stubbe, Henry, on sovereignty of sea, 496, 497, 498

Sturgeon, 66, 88, 363

Stypmannus, 550

Suffolk, 63, 94, 101, 248, 462

Suffolk, Earl of, 227

Sully, Duke of, 204

Sunderland, 249

Sweden, 60, 62, 142, 158, 358, 474, 490, 498; asks for and obtains liberty of fishing in British seas, 427; claim to sovereignty of sea, 4, 350, 377; and striking, 208, 382; territorial sea, 653, 664, 669, 674, 675; method of computing, 669; Customs limit, 594; declines to adhere to North Sea Convention, 636

_Taurus_, case of, 640

Taxation of foreign fishermen, 203

Teind fish, 195, 196

Temple, Lady, 478, 479, 480

Temple, Sir William, 470, 481; on striking, 467, 468; concludes Triple Alliance, 474; recalled from The Hague, 476; negotiates peace, 508; on the article regarding striking, 509, 510

Territorial sea, agreements between Great Britain and Germany, 634, 652; Anglo-Danish Convention concerning Iceland and Faroes, 647, 648; boundaries begin to be fixed, 554, 573; by treaty, 526, 565; Gulf Stream as a boundary, 575, 650; British Foreign Office on, 665, 667 and n., 730, 731, 732, 738; wishes territorial waters in North Sea to remain undefined, 632, 633, 634; Parliamentary Committee recommend extension of, 707 and n.

Territorial sea, bays, and gulfs, 77, 348, 544, 545, 547, 548, 552, 574, 575, 581, 585, 589, 598, 599, 601-603, 610, 614, 619 n., 622-630, 632-634, 639, 649, 652, 666, 668, 670, 678, 718, 723, 725, 726, 730; of Bengal, 625; Biscay, 564, 625; Bothnia, Gulf of, 564; Cancale, _see_ Granville; Chaleurs, 623, 624, 628, 629, 630, 692; Conception, 588, 589; Delaware, 574, 599, 629; Fundy, 623-625; Granville, 612, 619, 692; Hudson’s, 561; of Argentina, 661; Norway, 670, 672, 674, 677; Scotland, firths, 222, 223, 230, 233, 239, 545, 622, 692; Moray Firth, 721. _See also_ Fisheries and King’s Chambers.

Territorial sea, British Foreign Office on, 629, 730, 731 and n., 732, 733; delimitation of North American, 622, 627-630; French Government on, 632; Hague Tribunal on, 732; Institut de Droit International on, 691, 775; International Law Association on, 691, 775; _inter fauces terræ_, 544, 547; measurement of, 639; old English law regarding, 547; omitted in Territorial Waters Jurisdiction Act, 593; principles regarding, 548; six-mile line for, 627, 629, 630, 632, 730, 731; treaty stipulation in 1521, 548; usage regarding, 547, 548

Territorial sea, closed seas, 339, 564, 572, 582, 584, 585, 598, 657; straits, 547, 561, 564, 586, 692, 776

Territorial sea, Dano-Swedish limit in Baltic, 655; decisions of law courts as to extent of, 585-592; definitions in Acts, 589, 591, 718; in Territorial Waters Jurisdiction Act, 591, 592

Territorial sea, not absolutely defined by any State, 651, 652, 657, 660

Territorial sea, not defined by Great Britain, 593

Territorial sea, discussion between Spain, Great Britain, and United States, 665

Territorial sea, discussion as to limit in North Sea, 632, 633, 634

Territorial sea, distinction between limit under international law and in treaties, 644; between exclusive fishery limit and territorial limit, 644, 660; distinction between “coasts” and “bays,” 622; meaning of “coasts,” 641 n.

Territorial sea, historical evolution of, 537

Territorial sea, in peace and war, 636, 651, 665

Territorial sea, in relation to fisheries, 693; for “floating” fish, 698; for coral, 684, 695, 697; oysters, 611, 612, 619, 620, 621, 697; pearls, 560, 697; seals, 662, 663, 695, 696; whales, 674, 695, 696; exclusive fishery limit, 639; on British and Irish coasts, 646, 647; outside the North Sea, 643, 644, 645, 646; extra-territorial regulations, 657, 661, 662, 663, 695, 699, 704, 707, 708, 716, 720, 725, 726, 727; international regulations, 733, 734, 735; trawling, 698, 707, 735; jurisdiction for Customs, 593-595, 609, 665, 676, 679 n.; for public health and slave-ships, 593-595; under common law of England, 546; over foreigners, 589, 590, 591; navigation in, 78, 676

Territorial sea, need of distinguishing different rights in, 690; neutral waters, decrees respecting, 569-570; proposed limit for, 690, 775

Territorial sea, possession of opposite shores, 35, 43; principle of thalweg or mid-line, 541-544

Territorial sea, proposals of International Law Association, 690-692, 774; question of banks and flats, 633, 634, 635, 639, 640 and n., 641 n.; of consistency of soil, 641 n.; of depth, 562; of islands, 618, 634, 639, 641 n.; of rocks and islets, 641-643, 649; of tide-marks, 579, 641, 652, 659, 661, 666, 669 and n.; of true boundary of, 539; Scottish firths, 692; statutes referring to, 589-594

Territorial sea, usage in seventeenth century, 552; in eighteenth, 566; modern, 650

Territorial sea, modern usage, Algeria, 657; Argentine Republic, wide claim by, 661, 662, 663; in Rio de la Plata, 663; Austria-Hungary, 572, 658; in Behring Sea, 585, 695 and n., 696; Belgium, 658; Chili, 661; Cuba, 665; Denmark, 528, 529, 530, 538, 567, 568, 653, 655, 664; in Cattegat, 653; Iceland and Faroes, 647, 648; Skagerrack, 636, 653; France, 657; Germany, 652; Great Britain, origin of, 538; in Bristol Channel, 586-588; at Bell Rock, 642; at Eddystone, 641, 642, 643; at Seven Stones Rocks, 642, 643; British colonies, 661; British N. America, 531; Greece, 661; Italy, 659; Japan, 661; Netherlands, 658; in Zuiderzee, 635, 636; Norway, 457, 528, 538, 568, 653, 664, 669-681, 685; method of measuring, 669, 670, 685; rejects three-mile limit, 633, 636, 678, 681; reasons for wide limit, 676, 677; in Varangerfjord, 674; in Vestfjord, Lofotens, 672-674, 677; special limits in, 671, 672, 678, 679; Portugal, 538, 569, 664, 668; Russia, 656; White Sea, 564, 657; Scandinavian limit, 528, 567 and n., 653, 655; Spain, 538, 569, 664-668; South America, 661; Sweden, 538, 653, 664, 669, 674, 675; method of computing in, 669; United States, 661; various limits claimed by, 575; Uruguay, 663; Venice, 571

Territorial sea, opinions of publicists in first part eighteenth century on, 565, 566; of recent publicists, 603, 605, 681, 688, 689

Territorial sea, opinions of Abreu y Bertodano, 559; Aschehoug, 686, 688; Auber, 691; Azuni, 564, 565; on Bays, 565; Bishop, 683, 689; Bluntschli, 682, 688; Bodin, 540; Burgus, 550; Bynkershoek, 555, 556; on range of vision, 546; Calvo, 682, 688; Casaregi, 558; Lord Chelmsford, 586; Chitty, 597; Conringius, 550; Baron de Courcel, 664 n.; Craig, 357; Dana, 683, 689; Desjardins, 685, 688; Lord Dunedin, 724; Ferguson, 684, 689; Fiore, 684, 689; Lord Fitzmaurice, 630, 730, 731; Galiani, 563; Gentilis, 540; Graswinckel, 550; Sir Edward Grey, 732; Grotius, 549; on range of vision, 545; Lord Guthrie, 723; Chief-Justice Hale, 543; Hall, 687, 689; Halleck, 683, 689; Lord Halsbury, 592; Lord Hatherly, 586 n.; Hautefeuille, 601, 688; Heffter, 600, 689; Lord Herschell, 692 n.; Holland, 691; Hübner, 562; Kent, 599, 689; Kleen, 685; Klüber, 597, 688; Lord Kyllachy, 725; Lampredi, 563; Latour, 595, 685; Lawrence, 683, 688; Leoni Levi, 664 n.; Loccenius, 550; Lord Loreburn, 732; Lushington, 586 n.; Manning, 600, 689; Massé, 602, 688; de Martens, 686, 688; G. F. von Martens, 563; on bays, 564; on straits, 564; Moore, 691 n.; Moser, 562; Sir John Nicholl, 586; Oppenheim, 688; Ortolan, 600, 688; Perels, 684, 688; Phillimore, 682, 688, 689; Pistoye and Duverdy, 602, 688; Pontanus, 550; Pradier-Fodéré, 684, 688; Puffendorf, 550; on bays and gulfs, 551; Rayneval, 596; Reddie, 600; Lord Salisbury, 592; Sarpi, 547; Schmalz, 597, 688; Shookius, 550; Lord Stowell, 641 n.; Strauchius, 550; Sir Travers Twiss, 683, 689, 691 n.; Valin, 562; Vattel, 560, 689; on bays, 561; on straits, 561; Lord Wensleydale, 586 n.; Westlake, 691 n.; Wheaton, 598, 689; Wolff, 559, 689; Woolsey, 683, 689; opinions of early English lawyers, 539; of early Italian jurists, 539; of Institut de Droit International, 689-692, 774; of International Law Association, 689-692, 774; of judges in _Franconia_ case, 590

Territorial Sea. Various limits proposed or adopted for different purposes: _Three-mile limit_, proposed by Galiani, 563; by Azuni, 565; introduced for neutrality by United States, 573, 574; introduced into English jurisprudence, 576, 577; originated in neutral rights, 694; applied to fisheries, 581; confusion of, with range of guns, 591 and n., 598, 682, 683, 689; not equivalent to range of guns, 21, 576; discussion on, 650-652; generally adopted through influence of the United States and Great Britain, 21, 681; an Anglo-American doctrine, 681, 684; not generally accepted by publicists, 580, 680, 681, 688, 775; common adoption of, 21, 650; in some international fishery conventions, 581, 612, 614, 617, 619, 621, 634, 635, 647, 649, 652; generally for fisheries, 616, 647, 663, 680; inadequacy of, 21, 604, 615, 617, 651, 679, 682, 683, 686, 687, 690, 693, 694, 707 and n.; in relation to next great maritime war, 22; British Government on, 730, 732; refuses to recognise jurisdiction beyond three miles, 663, 667 and n., 738; wishes three-mile limit extended in war, 665; rejected by four European States, 664; refused by Norway, 633, 636, 678, 681; complex on Norwegian coast, 672, 676 _Four-mile limit_, 653; _five miles_, 575, 665, 691, 698, 715; _six miles_, 559, 563, 565, 566, 575, 582, 605, 606, 664, 665, 690, 691, 694, 775; adopted by International Law Association for Fisheries, 690, 775; limit for Dutch on Scottish coast, 605, 606; _eight miles_, 665, 694; _nine miles_, 563, 564 n., 608 and n., 611, 618, 679, 679 n., 691, 698, 737; on French coast, 608 n., 609; recommended by English trawlers for North Sea, 702; _ten miles_, 665, 668, 687, 694, 696, 698, 707, 737; in Argentina, 661; recommended for North Sea by English trawlers, 702; _twelve miles_, 575, 593, 594, 662, 665, 668, 715; _thirteen miles_, 703, 720, 738; for fishery on Scottish coast, 720; _fourteen miles_, 77, 84, 192, 193, 545, 694; _twenty-eight miles_, 77, 84, 545; _thirty miles_, 572, 696; _forty miles_, 178, 585; _sixty miles_, 3, 540, 696; _eighty miles_, 79, 355; _100 miles_, 3, 169, 353, 360, 373, 539, 541, 559; claimed by Russia in Behring Sea, 582 _Range of guns_, 21, 349, 549, 552, 593, 646, 658, 660, 676, 681, 685-687, 690, 716; first proposed by Dutch ambassadors, 156, 549; Bynkershoek’s dictum on, 556; merits of, 558; fixed in treaties and decrees, 570-572; generally adopted, 576; incorporated in international law, 558; generally accepted by publicists, 688; the true principle of delimitation, 595, 602, 603; and neutral rights, 557, 559, 571, 572; and salute, 556, 557; as “zone of respect,” 690, 775 _Range of vision_, 175, 193, 347, 544-546, 571, 574, 596, 602, 694; defects of, 546; adhered to by Dutch, 546; claimed by Denmark, 529, 545; proposed by some modern publicists, 546, 565, 600 (_see_ Land-kenning); subsistence limit of Sarpi, 547

Territorial waters. _See_ Territorial sea.

Territorial Waters Jurisdiction Act, 580 n., 590, 591, 592, 717, 718, 731

Teutonic invaders, seafaring habits of, 26

Texel, 18, 409; battle of, 498

Thalweg. _See_ Mid-line.

Thames, 49, 60, 76, 131, 133, 219, 443, 444, 459, 462, 472, 476

Thanet, 49, 68

Thorpe, 27, 28

Three-mile limit. _See_ Territorial sea.

Three seas, 17

Thurloe, 432, 434, 436, 497, 498 n.

Tithes of fish. _See_ Fish.

Tlieff, Captain Andrees, 171, 174, 175

Top-sails, lowering of. _See_ Striking.

Tordesillas, treaty of, 5, 106

Traders, hostilities between, 53, 54

Trafalgar, 15

Trawling. _See_ Fisheries.

Treaties, England and Burgundy, 1405, 1408, 69; 1417, 70; 1439, 70; 1467, 71; 1478, 72; 1496 (_Intercursus Magnus_), 72; 1499, 73; 1506, 73; 1515, 73; 1520, 73; and Castile, 1351, 67; and Denmark, 1468, 110; 1490, 109; 1523, 109; 1583, 110; and Flanders, 1320, 55; and France, 1303, 44-46, 49; 1403, 67; 1471, 72; 1528, 75; and Portugal, 1353, 67; 1439, 70; and United Provinces, 1585, 433; Scotland and the Emperor, 1541, 78; 1550, 79, 179; Scotland and the Netherlands, 1291, 1321, 1323, 1371, 1401, 1407, 1412, 1416, 76; 1531, 1541, 188 n.; and United Provinces, 1594, 81, 157, 169, 173, 188 n., 257, 388; Great Britain and Belgium, 1852, 617, 645; 1882, 637; and Denmark, 1882, 637; 1901, 647, 740; and France, 1686, 526, 622; 1786, 572; 1839, 612; 1867, 619; 1882, 637; and Germany, 1882, 637; and Mexico, 1888, 679 n.; and the Netherlands, 1625, 433; 1654, 435, 436, 455; 1662, 455; 1674, 508; 1689, 517; 1784, 522; 1882, 637; and Russia, 1825, 583; and Spain, 1630, 425; 1790, 573; and Sweden, 427; and United States, 1783, 622; 1794, 574, 622; 1814, 581; 1818, 581, 627; 1854, 625; 1871, 627; 1888, 628; Denmark and Sweden, 1780, 572 n.; 1899, 655, 675; France and Algeria, 1689, 527, 573; Burgundy, 1468, 71; the Emperor, 1521, 74, 119; Russia, 1787, 572; and United Provinces, 1635, 276; 1662, 453; Norway and Mexico, 1886, 594, 679; Porte and Naples, 1740, 546; Russia, Denmark, and Sweden, 1780, 572 n.; and the two Sicilies, 1787, 572; and the United Provinces and Prussia, 1781, 572 n.; Spain and Morocco, 1861, 668; and Portugal, 1494, 106; 1878, 1885, 1893, 665, 666; and Tripoli, 1784, 572; and the United Provinces, 1609, 148, 344, 350 n.; United States and Morocco, 1785, 572; and Russia, 1824, 583

Treaties concerning fishery, British North America, 526, 531, 532, 574, 622, 625, 627, 628

Treaties guaranteeing liberty of fishing on English coasts, 66-74

Treaty of Antwerp, 148, 344, 350 n.; of Breda, 464, 465; of Dover, 475; of Ryswick, 466 n.; of Southampton, 388; of Tordesillas, 5, 106; of Troyes, 8, 35; of Union, England and Scotland, 1604, 192, 545; of Utrecht, 531

Treport, 65, 426

Trinity House, 114, 120, 447; on limits of King’s Chambers, 9, 753; on extent of British Seas, 20, 465 n., 477, 478; on jurisdiction of Cinque Ports in Channel, 544; on striking, 477

Triple Alliance, 467, 471, 474, 476, 481, 483, 490

Tromp, Lieut.-Admiral Martin Harpentz, 329, 390, 395, 408, 411 n., 415, 422, 436, 477, 511; attacks Oquendo in the Straits of Dover, 330; in the Downs, 245, 331; strikes to English, 330, 334; his letter to Pennington, 334; commands Dutch fleet, 329; puts to sea to prevent search of Dutch vessels, 397; no instructions as to striking, 397, 399; his memorandum on striking, 398, 770; reluctance to strike, 400, 401, 403, 404; encounter with Blake, 12, 207 n., 397, 403, 404, 421; correspondence with Blake, 404 n., 771; story of broom, 408, 409

Tudors, 85, 86, 87, 118

Tunny fishery, 142, 504

Tweedmouth, Lord, 691, 720

_Twee Gebroeders_, case of, 576, 577, 641 n.

Twiss, Sir Travers, 39, 40, 41, 42, 52 n., 53, 312 n., 689, 691 n.

Two seas, 17

Tynemouth, 214

Tyrrhenian Sea, sovereignty of, 371

United Provinces, 9, 12-14, 81, 119, 125, 126 n., 151, 157, 170, 179, 187, 191, 197, 198, 201, 243 n., 246, 251, 253, 257, 264, 265, 275, 288, 301, 302, 304, 340, 342, 364, 384, 399, 405, 416, 441, 454, 460, 470, 474, 517, 527-529. _See_ States-General, Dutch, Netherlands.

United States of America, disputes and negotiations regarding British North American fisheries, 532, 581, 621-630, 731 and n.; regarding Behring Sea, 541, 583, 584, 695 n.; territorial sea, 599, 661; fixes three miles for neutrality, 21, 93, 573, 574; various limits claimed, 574, 575, 650; influence of, in adoption of three-mile limit, 650

Uruguay, territorial sea, 663

Ushant, 103, 290, 399, 437

Utrecht, 81; treaty of, 531, 582

Vagabonds, 98

Valck, Jacob, 81

Valin, on territorial sea, 562

Vane, Sir Henry, 269, 414, 422 n., 439

Varangerfjord, 674, 695

Vardö, or Vardöhuus, 86, 97 n., 108, 109, 110

Vasquez. _See_ Vasquius.

Vasquius, Ferdinand, on dominion of sea, 341, 351, 353

Vattel, on territorial sea, 560; on appropriation of fisheries, 561

Venice, 30, 91, 186 n., 191; sea sovereignty of, 3, 4 and n., 16, 33, 54, 107, 158, 339, 341, 350, 351, 361, 371, 540, 547, 552; limit of territorial sea, 571

Vestfjord, 672, 677

Vic, M. de, Vice-Admiral of France, 204

Violation of ports, 247, 249, 250

Virginia, 388

Visit and search and gun range, 557

Visitation of English ships, 268

Wagenaar, 80, 167 n., 311 n.

Walderswick, 90 n.

Walker, Sir Richard, 280

Walmer Castle, 279

Warbeck, Perkin, 72, 387

Wardhouse. _See_ Vardö.

Warwick, Earl of, 206 n, 276, 379, 380

Wash, the, 18

Washington, George, 573, 681

Wells, 90

Welwood, William, 342 n., 343, 371, 546, 551; on appropriation of the sea, 353; dominion of the sea, 354; exhaustibility of sea, 355; on Grotius, 352; on limit for Dutch on Scottish coast, 79, 84; sea laws of Scotland, 352; attack on, by Graswinckel, 412

Wensleydale, Lord, on territorial sea, 586 n.

Wentworth, Viscount, 227 n.

West Friesland, 453

Westlake, Professor, on territorial sea, 691 n.

Westmoney Islands, 109, 247

Weston, Lord, 227, 239 n., 241, 281

Weymouth, 268

Whale-fishing, 187, 189; in Behring Sea, 585; at Greenland, 407, 527-530; at Jan Mayen, 527; at Spitzbergen, 112, 164, 181-184, 193, 194 n., 200, 527; in Varangerfjord, 674; regulations, 695

Whales, right to, 66, 363

Wharton, 312 n.

Wheaton, on territorial sea, 598

Whestone, Admiral, 520

Whitby, 462

Whitelock, 414

White Sea, sealing at, 695; territoriality of, 657; trawling at, 680

Whitstable Fishery, case of, 586 n.

Wicklow, 63

Wicquefort, on sovereignty of sea, 495

Wilkins, 27

Willes, John, 43

William of Malmesbury, 27

William III. and sovereignty of sea, 517-520

William the Lion, King, 59

Williamson, Sir Joseph, plenipotentiary at Cologne, 496, 497, 498, 511

Willoughby, 181, 183

Wilson, Thomas, 163 n.

Wimbledon, Viscount, 227 n.

Winchelsea, 37, 49, 50, 73

Windebank, 243, 250, 253, 263, 267, 287, 295, 302, 319, 320, 322, 323

Winwood, Sir Ralph, 130 n., 152, 162, 168, 172

Wolff, on territorial sea, 559

Wolseley, Sir Charles, 429

Wolsey, Cardinal, 74, 119, 548

Woolsey, on territorial sea, 683

Worcester, 27

Worcester, Earl of, 56 n.

Worsley, Dr Benjamin, 515

Wotton, 162

Wreck, right to, 66, 362, 363, 542

Yarmouth, 34 n., 46 n., 49, 58, 60, 62, 73, 90, 96, 97 n., 100, 108, 126, 129, 130 n., 131, 133, 134, 143-145, 151, 162, 214, 247, 248, 249, 295, 307, 308, 391 n., 438, 455, 461, 462, 463, 515, 546

York, Duke of, 446, 448, 456, 457, 458, 469, 472, 485, 493, 516

Yorkshire, 133

Young, Captain, 207 n., 401, 402

Ypres, 71

Zealand, 45, 60, 62, 64, 71, 72, 73, 74 n., 75, 81, 88, 92, 94, 95, 125, 195

Zierikzee, 45 n.

Zorgdrager, 194 n.

Zouch, 515

Zowe, fishing-bank, 65 and n., 189 n., 276 n., 426 n., 440, 544, 749

Zuiderzee, territoriality of, 635

THE END.

PRINTED BY WILLIAM BLACKWOOD AND SONS.

FOOTNOTES:

[1] The possession by Venice of this maritime sovereignty was symbolised each year for many centuries by the picturesque ceremony of “espousing” the Adriatic. On Ascension Day the Doge was rowed to the strains of music in a magnificent gilded state barge, the _Bucentaur_, to the channel of Lido, where he cast a ring into the water, exclaiming as he did so, “We espouse thee, O Sea, in sign of a real and perpetual dominion” (“Desponsamus te mare in signum veri perpetuique dominii”). The Papal nuncio and representatives of other states assisted at the ceremony.

[2] Twiss, _The Law of Nations in Time of War_, 142. Maine, _International Law_, 76.

[3] Twiss, _op. cit._, 143, 144. Reddie, _Maritime International Law_, i. 41.

[4] Nicolas, _Hist. Navy_, i. 157.

[5] “Il sera banny hors dAngleterre et de mer appartenant au roi dAngleterre,” Article in _Black Book_, i. 58, ascribed to the reign of Henry I. (A.D. 1100-1135); “Ad piscandum in mari nostro, prope Jernemuth,” Edward I., A.D. 1295, _Fœdera_, ii. 688; “la meer Dengleterre,” A.D. 1306, _Chanc. Rolls, Misc. Treaties_, &c., Bd. 14, No. 15; “super mare Anglicanum” (_Rot. Pat._, 14 Edw. II., pt. ii. m. 26, d.), A.D. 1320, &c., &c.; “partibus maris infra regnum nostrum Angliæ,” _A.D._ 1317, Edw. II., _Fœdera_, iii. 469; A.D. 1406, Hen. IV., giving freedom of fishing, “ubicumque supra mare, per et infra dominia, jurisdictiones, et districtus nostra”; “Seigneur de la mer,” A.D. 1320, _Fœdera_, iii. 852; “reges Angliæ domini maris Anglicani circumquaque,” A.D. 1336, _Rot. Scot._, i. 442; “domini maris et transmarini passagii,” A.D. 1336, _Fœdera_, iv. 721; “le roi de la mier,” A.D. 1372, _Rot. Parl._, ii. 311; “seigneurs del meer,” A.D. 1420, _ibid._, iv. 126, &c., &c.

[6] _Fœdera_, xvi. 395; _State Papers, Dom._ 1604, 11, 40; _Fœdera_, xix. 211; _Libelle of Englyshe Polycye_; Dee, _General and Rare Memorials_, 6; _State Papers, Dom._ 1662, 66, 50, “It is a fundamental Maxime of England, that the sea flowing about the Isle of Great Britaine is of the same dominion with the isle”; “the dominion of the ambient seas.”

[7] _Rot. Escheat._, 41 Hen. III., A.D. 1259, referred to by Coke, 1. 107_a_; Bracton, _Legibus et Consuetudinibus Angliæ_, lib. v. c. xxx. fol. 437 (A.D. _circa_ 1259); _Statutes of the Realm_, 18 Edw. I. Stat. 4 (A.D. 1290); _Rot. Parl._, 13 Ric. II., “deinz les quatre miers Dengleterre,” &c.

[8] Hall, _On the Rights of the Crown in the Sea Shores of the Realm_, p. 1.

[9] “The guardian of his Majesty’s three seas” (A.D. 1607). _Cæsar Papers, MS. Brit. Mus. Lansd._, 142, fol. 373.

[10]

“Thene here I ende of the comoditees Ffor whiche nede is well to kepe the sees; Este and weste, sowthe and northe they be; And chefely kepe the sharpe narowe see, Betwene Dover and Caleise.”

[11] _Acts of the Privy Council of England_, N.S., i. 232, 242.

[12] Winwood’s _Memorials_, iii. 50.

[13] _Mare Clausum_, ii. c. xiii.

[14] Selden, _Mare Clausum_, lib. i. c. viii., lib. ii. cc. ii.-viii.

[15] _Polyhistor._, c. xxiv.

[16] _Mare Clausum_, lib. ii. c. xi.

[17] _Mare Clausum_, lib. ii. c. xii. “Canutus autem Rex suæ ditionis esse Oceanum Britannicum verbis expressissimis item est testatus.” Prynne uses the same argument. _Animadversions on Coke’s Fourth Institute_, 88.

[18] Ed. Petrie, 395.

[19] _Gesta Regum Anglorum_, i. 235; Eng. Hist. Soc. “Ego Edgarus totius Albionis Basileus nec non maritimorum seu insulanorum Regum circumhabitantium.”

[20] “Ego Edgardus Anglorum Basileus omniumque Regum insularum, Oceanique Britanniam circumjacentis cunctarumque nationum quæ infra eam includuntur Imperator et Dominus,” &c. Dee, _General and Rare Memorials_, 58, 60; Selden, _Mare Clausum_, ii. c. xii. (quoting from a charter of Inspeximus, _Rot. Pat._, 1 Edw. IV., m. 23); Prynne, _op. cit._, 87.

[21] _Concilia_, i. 432.

[22] _Ibid._, i. 239.

[23] _Codex Diplomaticus_, ii. 404, vi. 237.

[24] _Diplomatarium Anglicum Ævi Saxonici_, 211.

[25] _Cartularium Saxonicum_, iii. 377.

[26] “Insularum oceani quæ Brytanniam circumjacent.”

[27] Worsaae, _An Account of the Danes and Norwegians in England, Scotland, and Ireland_; Depping, _Histoire des Expéditions maritimes des Normands_; Beamish, _The Discovery of America_.

[28] Burrows, _Cinque Ports_, 62, 81.

[29] Cunningham, _The Growth of English Industry and Commerce during the Early and Middle Ages_, 173.

[30] Twiss, _The Law of Nations in Time of Peace_, 244; ibid., _In Time of War_, 142.

[31] See p. 51.

[32] _Mare Clausum_, lib. ii. c. xiv.

[33] “Pour garder la mere,” “la garde du meer,” “la sauve garde du meer,” “pro custodia maris,” “de custodia maritimæ,” &c. See _Proceedings and Ordinances of the Privy Council of England_; Nicolas, _History of the Royal Navy_; Prynne, _Animadversions_.

[34] _Fœdera_, i. 861; Nicolas, _op. cit._, i. 279, 437.

[35] Twiss, _The Law of Nations in Time of Peace_, 245.

[36] _Vide_ Twiss, _Black Book of the Admiralty_, i. 420.

[37] _Op. cit._, lib. ii. c. xviii.

[38] Twiss, _ibid._, i. 64.

[39] Nicolas, _op. cit._, i. 131, 231, ii. 45, 84, 130, 176; _Rot. Pat._, 65 (1206); _Fœdera_, i. 96 (1208).

[40] _Chronicles_, ii. 497.

[41] _Op. cit._, lib. ii. cc. xiii., xx.

[42] _Rot. Parl._, iii. 46b; Nicolas, _op. cit._, ii. 260-280; Laughton, _Studies in Naval History_, 16-22. The Yarmouth herring fishing suffered severely in these years, and the fishermen equipped and armed vessels for their own defence,--_Chronicon Angliæ, ab_ A.D. 1328 _usque ad annum_ 1388, p. 170, Rolls Series.

[43] _Op. cit._, lib. ii. c. xv.

[44] _Rot. Parl._, iii. 63b, 391a; _Fœdera_, vii. 220. “C’este l’ordinance et grante par l’advis des Marchaundz de Londres, et des autres Marchaundz vers la North, par assent de touz Communes de Parlement par devant le Comte de Northumberland et le Meair de Londres, pur la garde et tuicion du Mier,” &c. The specified dues throw some light on the commerce and fisheries of the period: (1) all vessels or crayers navigating the seas within the limits of the admiralty of the north were to pay a duty of sixpence a ton-tight, going and returning, with the exception of those bringing wines and goods from Flanders to London, or carrying wool and skins to Calais; (2) vessels laden with goods belonging to merchants of Prussia, Norway, or Scone (Scania) were to pay sixpence a last; (3) vessels carrying coals from Newcastle were to pay sixpence a ton every three months; (4) sixpence a-week per ton was to be paid by all vessels fishing for herrings within the said admiralty, and sixpence every three weeks per ton by boats fishing for other fish.

[45] A.D. 1420, _Rot. Parl._, iv. 126. “Item, priount les ditz Communes, que par l’ou nostre très soverain seignour le Roy et ses nobles progenitours de tout temps ount esté seignours del meer, et ore par la grace de Dieu est venuz que nostre dit seignour le Roy est seignour des costes d’ambeparties del meer d’ordeigner que sur toutz estraungers passantz parmye le dit meer tiel imposition à l’oeps nostre dit seignour le Roy apprendre qui à luy semblera resonable, pur la salve garde del dit meer.”

[46] _Rotuli Scotiæ_, i. 442, “Nos advertentes quod progenitores nostri reges Angliæ Domini Maris Anglicani circumquaque et etiam defensores contra hostium invasiones ante hæc tempora extiterint,” &c. Part of the language of this mandate was copied by Charles I. in his ship-money writs. See p. 211.

[47] _Fœdera_, iv. 722. “Consideratio etiam quod progenitores nostri, Reges Angliæ, in hujusmodi turbationibus, inter ipsos et alios terrarum exterarum dominos motis, domini maris et transmarini passagii, totis præteritis temporibus, extiterunt,” &c.

[48] Nicolas, _op. cit._, ii. 49, 106.

[49] _Political Poems_, ii. 157. The author states that it was coined after Edward captured Calais, when

“The see was kepte, and thereof he was lorde, Thus made he nobles coigned of recorde.”

But Edward did not take Calais till 1347, while the noble was issued in July 1344. Nicolas, _loc. cit._

[50] Oppenheim, _A History of the Administration of the Royal Navy_, i. 7.

[51] Cunningham, _op. cit._, 361. In the _Libelle_ it is asked--

“Wher ben our shippes, wher ben our swerdes become? Our enmyes bid for the ship set a sheep”;

and the rubric of an anonymous commentator states that the advice quoted was owing to the fact that while in the time of Edward III. the English were lords of the sea, they were now in these days mad (_vecordes_), vanquished, and for waging war and guarding the sea, like sheep. The jest is also alluded to by Capgrave, _Liber de Illustribus Henricis_, 135.

[52] “Tous les pays tenoient et appelloient nostre avandit seigneur, le Roi de la Mier.”

[53] _Rot. Parl._, ii. 311.

[54] _Mare Clausum_, lib. ii. c. xxvi.

[55] _Animadversions_, 108.

[56] Nicolas, _op. cit._, i. 156, but cf. ii. 481; Hannay, _A Short History of the Royal Navy_, 15. Hannay, as well as the writer of the naval articles in _Social England_ (i. 138), was not apparently aware of the labours of Sir Travers Twiss mentioned in the text.

[57] _The Black Book of the Admiralty_, i. Intro. xiii _et seq._, 129; iii. Intro. i, x.

[58] “Item ordonne estoit a Hastynges pour loy et coustumes de mer ou temps du roy Johan lan de son regne second par advys de ses seigneurs temporelz que se le lieutenant en aucun voyage ordonne par commun conseil du royalme encontrent sur la mer aucunes nefz ou vesseaux chargees ou voide que ne veullent avaller et abbesser leurs trefs ou commandement du lieutenant du roy ou de ladmiral du roy, ou son lieutenant, mais combatant encontre iceulx de la flotte que silz puent estre pris quilz soient reputez comme ennemys et leurs nefs, vesseaulx, et bien pris et forfaitz comme biens des ennemys tout soit que les maistres ou possesseurs dicelles vouldroient venir apres et alleguer mesmes les nefs, vesseaulx, et biens estre biens des amys du roy nostre seigneur, et que le mayne estant en icelles soient chastiez par emprisonnement de leur corps pour leur rebellete par discrecion.” The above is given by Twiss from the _Whitehall MS._ of the eighteenth century; it does not materially differ from the others. The _Cottonian MS._, which is stated to be the earliest and purest, reads in both places “le lieutenant du roy ou ladmiralle du roy ou soun lieutenant.”

[59] _The Black Book_, Intro. xix, lxxvii. It is _Vespasian MSS._, B. xxii.

[60] _The Black Book_, iii. Intro. viii, x. See p. 410.

[61] _Collection des Lois Maritimes_, iv. 199.

[62] _Collection des Lois Maritimes_, i. Intro. pp. li, 129; iii. Intro. p. xi.

[63] _Mare Clausum_, lib. ii. c. xxvi.

[64] “Quanquam tamen, ad primam vocem ipsorum Anglicorum, idem Johannes Willes velum suum declinavit,” &c., _Fœdera_, viii. 273; “omnes tamen inermes, et velum suum, ad primum clamorem Anglicorum declinantes,” _ibid._, 277.

[65] _Chancery Rolls, Misc. Treaties and Diplomatic_, Bdle. 14, No. 15. It is endorsed _De Superioritate Maris Angliæ et Jure Officii Admirallatus in eodem_. There are several copies on separate membranes in the bundle--viz., 1, 8, 12, 14, 15,--and they differ from one another, as indicated in the transcript in Appendix A. Prynne (_Animadversions_, 109) says that besides the roll in the Tower from which Lord Coke and Selden quoted, he discovered “an ancient copy of it in the White Tower Chapple,” and among the Admiralty papers is a memorandum by Nicholas, undated, but before 1631, on the records in the Tower respecting the Laws of Oleron and the Sovereignty of the Seas, in which he says that “in ye little closset there” a record in French exists, dated in the time of Edw. I. or II., referring to the depredations of Grimbald. There is also a transcript in a collection of MSS. in the British Museum (_Harleian_, 4314) and a translation of the roll, in a hand of the seventeenth century, in _MS. Otho._ E. ix. fol. 14.

[66] _Fourth Institute_, cap. 22, p. 142.

[67] _Mare Clausum_, lib. ii. c. xxvii., xxviii., xx., xxiv.

[68] _Rot. Pat._, 26 Edw. I., part 2, memb. 24, _in dorso_.

[69] _Fœdera_, i. 954.

[70] Selden, _op. cit._, lib. ii. c. xxvii., quoting from _Rot. Pat._, 31 Edw. I., m. 16, which reads as follows: “Des enterprises, mesprises, et forfaitz en Treue ou en Sufferance, entre nous et le dit Roi de Fraunce, dune part et dautre, es costeres de la mer Dengleterre et autres per decea et ausint per deuers Normandie et autres costeres de la mer per de la.”

[71] The King of France ordered John de Pedrogue, a celebrated seaman of Calais, to collect a fleet there and proceed with it to Holland against the Count of Flanders, who had invested Zierikzee. Included in the fleet were eleven Genoese galleys, under Reyner de Grimaldi, who was given the chief command by Philip, with the title of “Admiral,” John de Pedrogue acting under him. Nicolas (_op. cit._, i. 373) gives a description of the fight.

[72] The translation, for which I am indebted to Miss E. Salisbury, is from membrane 12.

[73] The expression is also used in a document of 1297, when Lord William de Leybourne is described as “Admiral of the sea of the said King of England.” _Fœdera_, i. 861.

[74] Coke (_op. cit._, 143) states that this refers to “De Botetourt,” who, he says, was Admiral “of the sea coasting upon Yarmouth in Norfolk (right over against France) and of that station in _anno_ 22 Edw. I.” Nicolas (_op. cit._, i. 270, 407) states that Sir John de Botetourt was made commander of the northern fleet in 1293, and in the following year, when Edward divided his fleet into three squadrons, the ships of Yarmouth and the adjacent ports were placed under his charge.

[75] The rest is on the back of the membrane.

[76] The part within brackets is to be found on the membranes 1, 14_d_, and 15, but not on 12.

[77] _Mare Clausum_, lib. ii. c. xxvii. Hall, in his excellent _Treatise on International Law_ (p. 141), and with reference apparently to this roll, says that exclusive dominion over the English seas by the English king was acknowledged as early as 1299 (_sic_), at a commission in Paris, by the representatives of the merchants and mariners of the countries mentioned in the above document.

[78] See Appendix A.

[79] _Chancery Miscel. Rolls_, _France_, Bdl. 5, No. 6.

[80] See translation in Appendix B.

[81] _Chancery Rolls, Misc._, Bdle. 14, n. 15, memb. 4.

[82] “Infrascripti sunt articuli generales super quibus et fines ad quos Justiciarii domini nostri Regis sunt consulend’, et dominus noster Rex de eorum consilio certificand’ in Cancellar’ sua in scriptis citra festum, &c.

“Item ad finem, quod resumatur et continuetur ad subditorum prosecucionem forma procedendi quondam ordinata et inchoata per avum Domini nostri Regis et ejus consilium ad retinendum et conservandum antiquam Superioritatem Maris Angliæ et jus officii Admirallatus in eodem, quoad corrigendum, interpretandum, declarandum, et conservandum leges et statuta per ejus antecessores Angliæ Reges dudum ordinata ad conservandum pacem et Justitiam inter omnes gentes nacionis cujuscunque per Mare Angliæ transeuntes, et ad cognoscendum super omnibus in contrarium attemptatis in eodem, et ad puniendum delinquentes et dampna passis satisfaciendum; quæ quidem leges et statuta per Dominum Ricardum quondam Regem Angliæ in reditu suo a Terrâ Sancta correcta fuerunt, interpretata, declarata, et in Insula Oleron publicata, et nominata in Gallica lingua La loy Olyroun.”

According to Godolphin (_A View of the Admiral Jurisdiction_, 1661), the “form of proceedings” refers to the statute of the Writ of Consultation, 24 Edw. I., with regard to the proceedings of the Courts. The following is on another membrane in the same roll (mem. 2_d_), which contains ordinances agreed upon between the masters and mariners of England, Bayonne, and Flanders, at Bruges, 8th March 1286. It is in the handwriting of the time of Edward III.

“Item a la fin qe veues et considerees les formes des proces et des lettres ordeinees per les consaillers le dit aiel nostres seigneur le Roi pur eux et la dite nacioun Dengleterre a recouerer et receuer les ditz subgitz aidaunz et alliez et a faire redresser a eux toux les damages a eux donez en Mier et en terre duraunz les dites trewes pees et confederaciouns et countre la forme dycelles par les ditz Fraunceys aidaunz et alliez et eschuire clamour de poeple sur la dite denatureste, &c., et les damages quiex de tiel clamour purroient auenir et especialment a retenir et meintener la souereignete qe ses ditz auncestres Rois Dengleterre soleyent auoir en la dite mier Dengleterre quant alamendement declaracioun et interpretacioun des lois per eux faites a gouerner toutes maneres des gentz passanz per la dite mier. Et primerement a son admirail et as meistres et mariners des nefs des Sync Portz Dengleterre et des autres terres annex a la Corone Dengleterre entendaunt a sa armee en la dite mier pur retenir et meyntenir la garde des lois auauntdites et la puniscioun de toux faitz al encountre en la mier susdite Semblables formes des proces et lettres soient desors tenues od toux les amendementz quiex purrount estre ordeinez par le sage Counsail nostre Seignur le Roi a profist et honur de lui et des soens.”

[83] Twiss (_Black Book of the Admiralty_, ii. xliii; ii. xi), who collected the old sea laws of Europe, states that the most ancient extant source of modern marine law are the Decisions of the Consuls of the Sea of the City of Trani, on the shores of the Adriatic, which purport to be of the date A.D. 1063; and that the next most ancient are the Judgments of Oleron, of which there are still copies, belonging to the reign of Edward II., in the archives of the Guildhall, for use no doubt in the City court, which administered the Law Merchant and the Law Maritime.

[84] _Op. cit._, i. 484.

[85] _Op. cit._

[86] _Op. cit._ The specification of the duties within the cognisance of the Admiralty occupies several pages; they included “all cases of seizures and captures made at sea, whether _jure belli publicis_, or _jure belli privati_ by way of reprisals, or _jure nullo_ by way of piracy ... all causes of spoil and depredations at sea; robberies and pyracies,” &c., &c.

[87] M’Pherson, _Annals of Commerce_, i. 475, 485, quoting from _Fœdera_.

[88] 18 Edw. III., st. 2, cap. 3. Several articles in the _Black Book_ show the same desire to encourage foreign merchants, and severe penalties were prescribed for the robbing or wronging of foreign ships, or interference with their freedom to trade.

[89] _The Reading of the Famous and Learned Robert Callis, Esqr._, _upon the Statute of Sewers_, 23 Hen. VIII., c. 5, &c., 1622; ed. 1824, p. 48.

[90] “Sur la mere d’Engleterre, devers les parties de Craudon.”

[91] “Et prierent que le Roi, de sa seignurie et poer real, fait sente dreit et punissement del dit fait, de siccome il est seigneur de la mer, et la dite roberie fut fait sur la mer dans son poer, sicomme dessus est dit.”

[92] Nicolas, who gives the details referred to, says that there is no record of these proceedings in the rolls of Parliament. _Op. cit._, i. 388.

[93] “Et cum dicti nuncii ad tractandum de novo super hujusmodi dampnis per dictum dominum nostrum Regem admissi fuissent, ipsi nuncii, prout alii nuncii præfati Comitis, in tractatibus supradictis, inter cetera quæ requirebant, ante omnia supplicabant, ut dictus dominus Rex ad sectam suam de potestate sua Regia inquiri et justitiam faceret de quadam deprædatione quibusdam hominibus de Flandria nuper de vinis et aliis diversis mercimoniis suis super mare Anglicanum, versus partes de Crauden, infra potestatem dicti domini nostri Regis, per homines de regno Angliæ. Ut dicebant facta asserentes quod vina et mercimonia prædicta eisdem Flandrensibus deprædata adducta, fuerunt infra regnum et potestatem dicti domini Regis, et quod ipse est dominus dicti maris, et deprædatio prædicta facta fuit supra dictum mare infra potestatem suam.” _Rot. Pat._, 14 Edw. II., pt. ii. m. 26, _in dorso_. Selden quotes this document (lib. ii. c. xxix.), but his text varies from the above, thus: “... potestatem dicti domini Regis, et quod ad ipsum Regem pertinuit sic facere pro eo quod ipse est dominus dicti maris.”

[94] _Mare Clausum_, lib. ii. c. xxix. p. 282.

[95] That “Crowdon” was in Brittany appears from a letter, dated from Plymouth, 9th December 1402, from Henry Beaufort, Bishop of Lincoln, the Earl of Somerset, and the Earl of Worcester, who were sent to escort Joan of Navarre, Duchess of Brittany, the second wife of Henry IV., to England. “Et par fin force pur un temps nous faut demurrer en Bretaigne car la ou nous avoioms envoie au dite nostre treshonuree et tresredoutee dame pur venir, noz niefs ne poiont ne osent aler en le temps dyver. Et faut qele eit un leisir pur venir pardevers nous, dont le havene que nous pensoms aler ove leide de Dieu est Crowdon.”--_Proceedings and Ordinances of the Privy Council of England_, i. 190.

[96] Allard, _Du Poisson, considéré comme Aliment dans les Temps anciens et modernes_.

[97] Garrad, _The Arte of War_.

[98] In the itinerary of a journey from England made by a Scottish nobleman to join Edward I. in Scotland, it is recorded that herrings were purchased nearly every day--at Dunstable, Newport, Northampton, Leicester, Nottingham, Sherburn, &c. Sixty fresh herrings at York, nearly forty miles from the sea in a straight line, cost eightpence, and fresh haddocks and codlings were also bought.

[99] “Prohibeo etiam firmiter ne quis decimas suas eis injuste detineat sicut habuerunt in tempore regis Davidis super meum forisfactum et ne quis in aquis eorum piscari presumat ... nisi per eorum licentiam.”

[100] _Fœdera_, ii. 23. “Gent de Flaundres estre venuz sur mer, come Pescheurs,” &c.

[101] _Ibid._, ii. 37. The Flemish fishermen had probably gone up the Tweed after salmon.

[102] _Ibid._, ii. 688, dated 28th September. “Quia intelleximus quod multi homines, de partibus Hollandiæ, Zelandiæ et etiam Frislandiæ, qui sunt de amicitia nostra, ad piscandum in mari nostro, prope Jernemuth,” &c.

[103] Lundberg, _Det Stora sillfisket i Skåne under medeltiden oeh nyare tidens början_. Worms, _Hist. commerciale de la Ligue Hanséatique_.

[104] Fruin, _Tien Jaren uit den Tachtigjarigen Oorlog_, 181.

[105] _Brit. Mus. MSS. Galba_, B. iii. 16. Henry apparently acceded to the request; _vide_ “John Heron’s accompte for waftynge of the herring fleete in the parties of Norfolk and Suffolk, _anno quarto_ R. Henrici VIII.” _State Papers, Foreign and Domestic_, Hen. VIII., i. 1512.

[106] Ljungman, _Nägra ord om de stora Bohus-länska Sillfiskeri_.

[107] _Mare Clausum_, lib. ii. c. xxi.

[108] _Rot. Pat._, 22 Edw. IV., m. 2; _ibid._, 2 Ric. III., i. m. 3; _ibid._, 3 Hen. VII., part ii. _dorso_; _Mare Clausum_, lib. ii. xxi.

[109] _The Statutes at Large passed in the Parliaments held in Ireland_, i. 30. 5 Edw. IV., c. vi. “An Act that no Ship or other Vessel of any Foreign Country shall go to the Fishing in the Irish Countries, and for Custom to be paid of the Vessel that cometh from Foreign Lands to Fishing.”

[110] _Britannia_, Gough’s edition, ii. 248.

[111] _A Pollitique Platt_, &c.

[112] _State Papers, Dom._, James I., xlviii. 94.

[113] Malines, _Lex Mercatoria_, 189, from whom Selden quotes it, with the remark, “There are some also who affirm that the King of Spain,” &c. _Mare Clausum_, ii. c. xxx. It is also given by Boroughs and other writers.

[114] _State Papers, Dom._, Charles I., clxxx. 96.

[115] One of the licenses, which ran for a year, is printed in Appendix C. The Zowe was described in 1630 as “a bank which lies between Rye and Dieppe, and the outermost part is nearly one-third over the sea. This zowe which they call the small zowe is 3 leagues long and 3 broad, and 26 and 28 fathoms deep. The French make it 10 leagues, because they fish till they bring Beachy Head N., fayre Loo (? Fairlea, Fairlight) W.N.W., and fish in 30 fathoms.” Sir H. Mainwaring to Coke, “A Short Discourse or Propositions concerning the French fishing uppon the Zowe, theyr abusing it, and the Remedy” (_ibid._) It was described as the “chief nursery for turbetts, hollibatts, pearles (brill), soules, weavers and gurnetts.” In Queen Elizabeth’s time only four licenses were granted, but James increased the number to fourteen or fifteen. They were carefully entered in the records of Dover Castle and the Hundred Book of Rye.

[116] Henrici de Bracton, _Legibus et Consuetudinibus Angliæ_, lib. i. c. 12; lib. iii. c. 3. _Rolls Series_, Introd., by Sir Travers Twiss, i. ii. Güterbock, _Henricus de Bracton und sein Verhältniss zum Römischen Rechte_, 14, 55.

[117] _Fœdera_, v. 719. “Il est convenu, &c., &c. Item, que pessoners de la seignurie del roi de Castelle et del counte de Viscay peussent venir et pescher fraunchement et sauvement en les portz d’Engleterre et de Bretaigne, et en touz autres lieux et portz où ils vorrontz, paiantz les droits et les custumes à les seignurs du pais.”

[118] _Ibid._, v. 763.

[119] _Fœdera_, viii. 306, 336. “Q’en ceste presente harenguison les pescheurs de l’une part et d’autre puissent pescher plus seurement en la mer la harenk et toutz autres poissons, depuis hable de Grauelinguez et l’isle de Tanent, jusques a l’entree de la riviere de Saine, et au hable de Hautoune.”

[120] _Ibid._, viii. 451.

[121] _Fœdera_, viii. 459. “Pro Piscatoribus, sub Dominio Ducis Burgundiæ: ... toutz pescheurs, tant de nostre dit roiaume d’Engleterre et de Caleis, et dez autres noz villes et lieux, come dez ditz conte et paiis de Flandres, dez paiis de Picardie, de Normandie, et de Bretaigne, et generalment de tut le dit roiaume de Fraunce, puissent paisiblement aler par tout sur meer, pur peschier et gaigner lour vivre, saunz en estre reprins ne empeschiez en ascun manere ... et par ainsi que semblablement soit fait et otroie, de lez dites parties de Flandres, Picardie, Normandie, Bretaigne, et autres del dit roiaume de Fraunce, a la seurte dez ditz pescheours de nostre dit roiaume d’Engleterre.”

[122] _Ibid._, viii. 469, 472. Dumont, _Corps Universel Diplomatique du Droit des Gens_, &c., II. i. 302. _Proc. and Ordinances of the Privy Council of England_, i. 282.

[123] _Ibid._, viii. 530, 548, “Et les pescheurs generalment aler pescher sur mer pour gaignier leur vivre paisiblement.”

[124] _Fœdera_, ix. 483.

[125] _Rot. Parl._, iii. 643_b_.

[126] Pikes and bows and arrows were used. Later, in the early part of the seventeenth century, a regular part of the equipment of a herring-buss was half-pikes and muskets, an estimate for one being--ten half-pikes, £1; muskets with bandaleers, rests, and moulds, £6, with 6 lb. of gunpowder and 6 lb. of leaden bullets.

[127] _Fœdera_, x. 730, 736, 761, 791. The article on the fishery was as follows: “Que tous pescheurs, tant d’Engleterre, d’Irlande, et de Calais, comme des paiis de Brabant et de Flandres, pourront paisiblement aler par tout sur mer, pour peschier et gaignier leur vivre, sans empeschement ou destourber de l’une partie ne de l’autre. Et avec ce, se fortune ou autre aventure chassoit ou amenoit les diz pescheurs de la partie d’Engleterre, en aucun des ports, havres, destrois, et daugiers des dites paiis de Brabant ou de Flandres, ou les diz pescheurs des dites paiis de Brabant et de Flandres en aucuns des dites ports, havres, destrois, ou daugiers du royaume d’Engleterre, Yrland, et de Calais, que ilz y soient paisiblement et franchement receuz et traictiez raisonnablement d’une coste et d’autre, en paiant aux lieux, ou ils arriveront, les toulieux et devoirs accoustumez, et d’illec puissent liberalment retourner a tout leurs nefs, applois, et biens sans destourbier, arrest, ne empeschement; pourveu que, par les diz pescheurs, d’un coste et d’autre, ne soit commise aucune fraude, ou fait dommaige.” Intercursus continuandus pro spatio duodecim annorum inter Anglos et Flandros, Gandanos, Iperos et civitatis de Brabant. _Ibid._, xi. 143.

[128] “Et pur toutz sez autres paiis et seigneuries.”

[129] “Et sans qu’il leur soit bosoigne sur ceo requirer ne opteiner ascune license, congie, ou saufconducte.” 5 Jan. 1467/1468. _Ibid._, xi. 591, 592, 595, 609. Dumont, _op. cit._, III. i. 592.

[130] Dumont, III. i. 400.

[131] _Fœdera_, xi. 683.

[132] _Ibid._, xii. 67. In 1484 Richard III. issued a commission to Thomas Lye, sergeant-at-arms, to make restitution for fishing-boats belonging to subjects of Maximilian, Duke of Austria, which had been taken, laden with fish, by English pirates. _Ibid._, xii. 227.

[133] “Item, conventum, concordatum et conclusum est quod piscatores utriusque partis partium prædictarum (cujuscunque conditionis existant) poterunt ubique ire, navigare per mare, secure piscari absque aliquo impedimento licentia seu salvo conductu: Et, si contingat aliquos ex piscatoribus unius partis per fortunam, tempestatem maris, vim hostium, aut alio modo compelli intrare aliquem portum vel districtum alterius partis, ibidem pacifice et amicabiliter recipientur et tractabuntur (solvendo in locis ubi applicabunt jura et theolonia prædicta) et ab illis portubus et locis poterunt libere recedere et redire, cum eorum navibus et bonis, sine impedimento vel contradictione quacunque; dummodo tamen per ipsos piscatores non committatur fraus neque dolus, seu per eos aliis dampnum minime fiat.” 24 Feb. (1495)/(1496). _Fœdera_, xii. 583. Dumont, III. ii. 338.

[134] _Fœdera_, xii. 714; xiii. 132, 539, 714.

[135] Ships of war were used to convoy the herring-busses of Holland and Zealand at least as early as 1440.

[136] _Cal. State Papers, Foreign and Domestic_, iii. Nos. 1534, 1535.

[137] _Fœdera_, xiii. 752. Dumont, IV. i. 352.

[138] Dumont, IV. i. 515. “Pourront aussi les Sujets des Païs, Roiaumes, Terres et Seigneuries dessusdites, librement, et sans détourbier, ni empêchement, pêcher à harangs, et autres poissons en la mer, où ladite Treve aura lieu, et là où la pêche dudit harang s’adonera, comme ils faisoient avant la Guerre, et pourroient et sont accoûtumez de faire au tems de Paix.”

[139] _Fœdera_, ii. 529, 545. Mieris, _Groot Charterboek der Graaven van Holland_, &c., ii. 268; iii. 257; iv. 223, 378, 692, 816. Kluit, _Historiæ Federum Belgii Federati_, 284. Yair, _An Account of the Scotch Trade in the Netherlands_, 6, 27, 36.

[140] Mieris, _op. cit._, iv. 146. About this time the Scots also did their best to drive away English fishermen from their coasts. In 1400 they fitted out a small fleet under Sir Robert Logan for this purpose, but it was apparently insufficient, and Logan himself was captured by the men of Lynn. Walsingham, _Hist. Anglicana_, 364. In 1420 complaint was made to the English Parliament that the Scots had at divers times attacked and taken English fishing vessels. _Rot. Parl._, iv. 127_a_.

[141] _State Papers, Dom._, Charles I., clii. 63. See p. 218.

[142] “Dat hy voorhadt, de haringvisscherij omtrent zyne kusten te beletten.” Wagenaar, _Vaderlandsche Historie_, v. 209.

[143] _Resol. Staten van Holl._, 5/15 September 1540. Bosgoed, _Bib. Pisc._, 319.

[144] Treaty of Binche, 9/19 February 1540/1541. Dumont, _op. cit._, IV. ii. 208.

[145] “Et quant au dernier article de la commission du Sr. de Limdy [Lundy] ambassadeur, concernant le fait de la pescherie, ladite Dame Reine [the Queen Dowager of Hungary and Bohemia] veuille par bonne et meure deliberation proceder en telles et semblables affaires, se fera informer sur le contenu dudit article, pour après en ordonner comme il sera trouvé étre de raison, équité, et justice d’une part et d’autre pour la conservation de la paix et amitié mutuelle desdits Sieurs.” _Op. cit._, and see footnote next page.

[146] Wagenaar, _op. cit._, 355.

[147] _Res. St. Holl._, (29 Nov.)/(9 Dec.) 1544; (23 Feb.)/(5 Mar.) 1545, &c. Bosgoed, _op. cit._, 320.

[148] Dumont, IV. iii. 12. “Circa piscationem verò ac liberum usum maris, ea quæ per supradictum Tractatum anno 1541, 19 Februarii, Binchii inter Serenissimam Reginam Mariam et supra nominatum Oratorem Regis Scotiæ; inita, conclusa ac conventa fuerint debite ac sincere observari debebunt.”

[149] In 1618, when there was much searching of the records in Scotland (where they were kept in a most careless and slovenly manner) to establish the claim of James to the fishing in connection with the approaching visit of the Dutch ambassadors, the Earl of Dunfermline wrote to Lord Binning in London, forwarding a copy, in French, of the treaty of 1541, and said, “Albeit ye will perseive by the last article of the same annent the propositions of the fishings, the Queen of Hungarie and Bohemia, who was for the Emperour Governant of the Low Countries--we call her commonly Frow Mary--in that takes her to further advysement with her Councill, and no thing resolved if any further proceeding; _I pray God ye may find it otherwayes_.” _MSS. Advoc. Lib._, 31. 2. 16.

[150] The heads of the treaty and the ratifications are given by Dumont, _Corps Diplomatique_, V. i. 507. The treaty itself is published in full by Bor, _Vervolgh Vande Nederlantssche Oorlogen ende Geschiedenissen_, iv. fol. 48-52.

[151] _E.g._, in 1573, that “all maner of fischeris that occupyis the sey and vtheris persounis quhatsumeuer” that catch herrings or white fish “vpon the coist or within the Ilis or outwith the samin within the Fyrthis” should bring them to free ports to be sold. _Acta Parl. Scot._, iii. c. 7.

[152] Leslie, _De Origine Moribus et Rebus Gestis Scotorum_, 24. A point of land near Inveraray in Loch Fyne was long known, and is still known, as Frenchman’s Point or French Farl, the tradition being that it was to this place that herrings were brought to be sold and cured. _Old Statistical Account of Scotland_, v. 291.

[153] _Register Privy Council of Scotland_, i. 482.

[154] _De Dominio Maris_, 16. In another work Welwood says, “And for the eastern seas, direct from Scotland, what is more antiently notorious than that covenant twixt Scottish men and Hollanders, concerning the length of their approaching toward Scotland by way of fishing.” _An Abridgement of All Sea Lawes_, c. 26.

[155] _Register Privy Council of Scotland_, iv. 216.

[156] Much information on the fisheries of the Netherlands will be found in Professor A. Beaujon’s _History of Dutch Sea Fisheries_, 1884.

[157] 33 Hen. VIII., c. 2.

[158] 37 Hen. VIII., c. 23; 5 & 6 Edw. VI., c. 17; 7 Edw. VI., c. 11; 1 Mary, st. 2, c. 13.

[159] _Acts of the Privy Council of England_, i. 103, 104, 106, 112, 114, _an._ 1543.

[160] 2 & 3 Edw. VI., c. 19. Certain exceptions, of those licensed, ill, or very old, or in prison, were made.

[161] _State Papers, Dom., Addenda_, Edw. VI., iv. 56. The paper, which is endorsed by Cecil, “The Answer of the Fishmongers,” is undated, but that it belongs to the reign of Edward VI. (1547-1553) is proved by the words, “the reign of our late sovereign, Henry VIII.” The return of 1528, referred to by the fishmongers, is among the State Papers _(Foreign and Domestic Letters and Papers_, Hen. VIII., iv. pt. 2, No. 5101). It states that 149 vessels went to the Iceland fishing, mostly from Yarmouth, Blakeney, Cromer, Dunwich, Walderswick, and Southwold; the herring-fishing in the North Sea employed 222, of which 110 belonged to the Cinque Ports, while 69 went to Shetland, the total being 440. Shetland lings were in those days greatly prized, and brought very high prices.

[162] _State Papers, Dom., Addenda_, Edw. VI., iv. 57. “The decaied Porte Townes w^{th} nombers of good villages a longe by the sea cost of this realm, within these twentie or thirtie years;” undated, but belonging to the same period, with Cecil’s calculations written on the back.

[163] _State Papers, Dom._, Elizabeth, xxvii. 71, February 1563. Endorsed, “Arguments for Increase of the Navy,” and “Arguments to prove that it is necessary for the restoring of the navy of England to have one Day more in ye weeke ordained to be a fish day, and that to be Wensday rather than any other.”

[164] The exportation, without license, of herrings, among other things, had been forbidden by 1 & 2 Ph. and Mary, c. 5 (1554); but by 1 Eliz., c. 17, subjects were permitted to export sea fish taken by subjects in English ships free of customs for four years.

[165] “The causes of the decay of fishing must be the lack of the vse of fishing, which must be divided into ij partes, small eating of fisshe in ye Realme, and not selling of it abroad.”

[166] The number of French vessels engaged in the Newfoundland fisheries is placed at 500, with 15,000 men; and over 100, with at least 1000 men, fished at Iceland for “herrings,”--but no doubt for cod and ling.

[167] There are many other memoranda amongst the State Papers, some in Cecil’s handwriting, which deal with fish-days. One gives in detail a note of all the fish-days throughout the year, amounting to 186, and in addition “a number of sayntes evens were fastyng dayes that now be not observed.” _Ibid._, xxxi. 41, 42 (1563).

[168] 5 Eliz. c. 5. The debate on the Wednesday proposal lasted three days, the clause being ultimately carried by 179 to 97 (_Commons Journals_, i. 68). It was in view of the expected opposition that the long paper above referred to was prepared. The Wednesday was not put on quite the same footing as the Fridays and Saturdays, since “one only usual competent dish of flesh and no more” was allowed, provided that at the same table “three full competent usual dishes of sea fish of sundry kinds, either fresh or salt,” were served and eaten “without fraud or covin.” Another clause explained that the object was “meant politically for the increase of fishermen and mariners, and repairing of port towns and navigation”, and not for any superstition “regarding choice of meats”; any one stating the contrary was to be punished.

[169] Among the imports of fish from the Low Countries at this time were “cods-heads, cod-fish, eels, ‘gull-fish,’ haddocks, herrings, ling, salmon, salt-fish, sturgeon, and ‘staple-fish.’” Hall, _A History of the Customs Revenue in England_, ii. 237.

[170] _State Papers, Dom._, Eliz., xxxv. 36.

[171] 13 Eliz., c. 11.

[172] _State Papers, Dom._, Eliz., xlviii. 83.

[173] _Hatfield MSS._, i. 1177, 27th June 1568.

[174] 13 Eliz., c. 11. In the preamble it is said the former Act “is a very good Act, and greatly increased the navy and fishermen.”

[175] _State Papers, Dom._, Eliz., lxxv. 16.

[176] In the same year the author, at a dinner he gave at Westminster to the burgesses representing “all the stately port towns of England,” explained the substance of his “plat”; several of them suggested that a subsidy should be raised on land and goods to set the scheme afloat; and the Speaker remarked that “a Parliament had been called for a less cause.”

[177] _Burghley Papers_, A.D. 1572, _MSS. Lansd._ 14, No. 30. As the catalogue states, the signature is erased, and the paper is entered as anonymous; but careful scrutiny shows that it was signed “Rob^{t.} Hitchcock.”

[178] _A Pollitique Platt for the honour of the Prince, the greate profite of the publique state, relief of the poore, preseruacion of the riche, reformation of Roges and Idle persones, and the wealthe of thousandes that knowes not howe to liue. Written for an_ Newyeres gift _to Englande and the inhabitantes thereof_, by Robert Hitchcok, late of Cauersfeelde, in the Countie of Buckyngham, Gentleman. London, 1st Januarie 1580.

[179] In the early MS. copy presented to the Queen the 400 vessels were to be from 100 to 200 tons, costing £400 each, and the crew was to consist of a master, nine mariners, and thirty “rogues and lustie vagabonds” obtained in the same forcible way.

[180] This place, frequently mentioned in old works and papers referring to the fisheries, was Vardö, or Vardöhuus, at the mouth of the Varangerfjord, Finmarken, on the north-east coast of Norway, or, as it was often described, Lapland. The king of Denmark had a castle on the island, and dues had to be paid for liberty to fish. A number of English vessels went there in spring, returning towards the end of summer.

[181] In France at this time, according to other records, Flemish herrings brought £25 per last; Yarmouth, £10; Irish, £18; “coast” herrings and Scotch, £11.

[182] The _Pollitique Platt_ is earnest and even religious in tone, and it is obvious that the author spent much time in collecting the information and elaborating his scheme, which in all sincerity was meant for the good of his country. Even after three centuries one learns with regret (from his letter preserved at Hatfield) that he had to petition the Privy Council, “for his relief and maintenance in these his now declining years” (1596), to cause every innkeeper, &c., to purchase from him, for sixpence, and put up publicly, a printed table, or “breviate,” describing the “benefits that growe to this Realme by the Observance of Fish-Daies.”

[183] Better known by its running title, _The Brytish Monarchie_. It is a very rare work, only 100 copies having been printed. The author’s own copy is in the British Museum.

[184] P.7.

[185] Sir John Constable’s case. Moore, _Hist. Foreshore_, 225, from _Hargrave MSS._, 15, fol. 95_d_. In the case for the crown the claim to the sea is very briefly put: “Car quant est floud est parcel del mere que est solement en le Roign et nemy en ascun subject; car est pur passage pur chescun, mes owner de ceo nul si non le Roign.” Anderson, _Les Reports du Treserudite_, i. 86. (ed. 1664). In a MS. in the Cottonian collection (_Galba_, C. 11, “Acta inter Angliam et Belgium, 1564-1567”) it is said the jurisdiction of the Prince in the adjoining sea extends for a distance of 100 miles unless (1) in seas lying between the territories of two princes which contain less than a hundred miles, in which case it extends to the mid-line--usq’ ad mediũ eiusdem maris extenditur; (2) where another prince has a right to the whole sea. The authorities referred to are Bartolus, Angelus, Paulus de Castro, and Joan de Platea.

[186] _Op. cit._, 21.

[187] Two MS. copies exist, one bound up with Dee’s copy of the _General and Rare Memorials_ in the British Museum, which was sent to Dyer with the MS., the other in _Harleian MSS._ 249, fol. 95. The latter, which is a draft, is addressed “To my very honorable frende Syr Edward Dyer, Knight,” and a note inscribed on it says, “Written by Dr John Dee, out of whose library I bought it after his death A^o D^o 1625, S.D.” The title on both MSS. is ΘΑΛΑΤΤΟΚΑΡΤΙΑ ΒΡΕΤΤΑΝΙΚΗ: _Miscelanea quædam extemporanea de Imperii Britannici Iurisdictione in Mari_; and both are dated 8th September 1597.

[188] Lat. 49° 6´ N., long. 2° 49´ W.

[189] “All those that pass within our sea jurisdiction (either absolute or respective) and therein commit any notable offence against us may lawfully by our power be taken; and the same offenders may as lawfully and justly be punished, as if on our land territory an offence like, or of like degree of injury, were by them against us committed.” “Absolute” jurisdiction applied to the sea where both coasts belonged to England; “respective” where it terminated half seas over.

[190] In 1597 Dee expressed his grief and surprise that so little had been done or attempted with regard to the sovereignty of the sea, “and so my labours (after a sort) vaynely employed.” MS.

[191] _Bullarium Romanum Novissimum_, i. 346. “Insulæ novi Orbis à Ferdinando Hispaniarum Rege, et Elisabeth Regina repertæ, et reperiendæ, conceduntur eisdem, propagandæ fidei Christianæ causa ... omnes insulas et terras firmas inventas et inveniendas, detectas ad detegendas versus Occidentem et Meridiem fabricando, et construendo unam lineam à Polo Arctico scilicet Septentrione, ad Polum Antarcticum, scilicet Meridiem, sive terræ firmæ, et insulæ inventæ et inveniendæ sint versus Indiam aut versus aliam quamcumque partem, quæ linea distet à qualibet Insularum, quæ vulgariter nuncupantur de los Azores y cabo vierde, centum læucis versus Occidentem et Meridiem,” &c. Art. 8, “prohibet aliis accessum ad illas insulas pro mercibus habendis absque Regis licentia.”

[192] Harrisse, _The Diplomatic History of America_, 78.

[193] Selden, _Mare Clausum_, i. c. xvii.

[194] Selden, _loc. cit._

[195] Camden, _Annales_, 225 (ed. 1635).

[196] _Hatfield MSS._, ii. 684. “Whether Your Majesty’s Subjects may lawfully trade into the Indies.” Undated, but calendered under the year 1578.

[197] Hautefeuille, _Hist. des Origines, des Progrès, et des Variations du Droit maritime international_, 15. Hall, _A Treatise on International Law_, 142.

[198] _Rot. Parl._, iv. 79_b_. The petition declared that owing to the fish having deserted the coasts where they used to be taken, the fishermen had been forced to go to Iceland and other places for six or seven years past in order to catch them. English fishermen, however, had frequented Iceland long before that time.

[199] _Fœdera_, ix. 322.

[200] _Rot. Parl._, iv. 348, 378. 8 Hen. VI., c. 2.

[201] _Fœdera_, xii. 381.

[202] _Ibid._, xiii. 798.

[203] _State Papers, Dom._, Elizabeth, clxxx. 26, 15th July 1585.

[204] _Ibid._, ccxiii. 92.

[205] _Fœdera_, xvi. 278. A license granted in 1570 to an Englishman, one Raymond Binge, for fishing at Iceland for seven years, gave permission for his boats to be kept and wintered in the ports there, on payment of the customs and abstaining from trading, as well as freedom of fishing except where prohibited by royal edicts, reserved for the king’s use, or granted to others. _Brit. Mus. Vespasian MSS._, C. xiv. fol. 21.

[206] Complaint of the Mayor of Kingston-upon-Hull to Cecil, 2nd July 1599. _State Papers, Dom._, cclxxi. 68.

[207] _Fœdera_, xvi. 395, 432.

[208] _Brit. Mus. Vespasian MSS._, C. xiv. fol. 22. _Fœdera_, xvi. 431.

[209] _State Papers, Dom._, cclxxiv.

[210] _Fœdera_, xvi. 433.

[211] _Brit. Mus. Lansdowne MSS._, 142, fol. 380.

[212] 23 Eliz., c. 7, 1580-81. _Brit. Mus. Lansd. MSS._, 14.

[213] 39 Eliz., c. 10.

[214] The price of stock-fish had risen from £12 a last in 1584 to £18 and £20 in 1597, and the price of cured ling in the same time advanced from £3 to £5, 5s. per cwt. _State Papers, Dom._, cclxv.

[215] A commission of eleven peers, three bishops, and two law-officers had been appointed in 1593 for the repeal of the Act respecting the importation of salted fish and herrings. _Ibid._, ccxliv. 84.

[216] _Ibid._, cxlvii. 21, 22.

[217] 27 Eliz., c. 11.

[218] 35 Eliz., c. 7.

[219] Jeninges, _A briefe discouery of the damages that happen to this Realme by disordered and vnlawfull diet_, 1593. Hitchcock, _A briefe note of the benefits that grow to this Realme by the observation of Fish-Daies_, _Hatfield MSS._, 1595. _State Papers, Dom._, cclxv. 25. _Remembrancia_, 391 _et seq._

[220] _Every Man in His Humour_, Act 3, sc. 4.

[221] Froude, _Hist. England_, iii. 69.

[222] King Edward’s Journal, in Burnet, _Hist. Reformation_, ii. (v. of ed. 1865). Oppenheim, _Hist. Administration Roy. Navy_, 106.

[223] _Acts of the Privy Council of England_, iv. 37. 7th May 1552.

[224] Selden, _Mare Clausum_, lib. ii. c. xxvi.

[225] Raleigh, _A Discourse of the Invention of Ships_, Collected Works, viii. 326. Monson, _Naval Tracts_, in Churchill’s _Collection of Voyages and Travels_, iii.

[226] Monson, _op. cit._ Laughton, _Fortnightly Review_, Aug. 1866.

[227] Froude, _op. cit._, viii. 68. Laughton, _loc. cit._

[228] An undated State Paper, calendared under the year 1604, entitled “Reglement for Preventing Abuses in and about the Narrow Seas,” contains a claim by the king to a most absolute dominion over the Four Seas (_State Papers, Dom._, James, xi. 40). It appears, however, to be merely a copy of the similar regulation prepared in 1633 by Sir Henry Martin (see p. 252). It is not contained in the volume of royal proclamations published in 1609, and is not referred to by Selden. It has no doubt been wrongly calendared.

[229] It is given in Appendix D, from _A Booke of Proclamations, published since the beginning of his Majesties most happy Reigne ouer England, &c., Vntill this present Moneth of Febr. 3, Anno. Dom. 1609._ _Cum Priuilegio_, p. 98.

[230] “Item, conventum et conclusum est, quod, dicto bello durante, nullus subditus principum prædictorum, intra portus et sinus maris quoscumque, flumina, ostia fluminum, gurgites, aquas dulces, stationes navium, et præsertim stationem vulgariter vocatam _les Dunes_, aut alia loca maritima quæcumque jurisdictioni dicti Regis Angliæ subjecta aliquam navem mercatoriam, onerariam, armatam vel non armatam, onustam seu vacuam, cujuscumque quantitatis aut oneris fuerit, de quacumque natione eadem navis extiterit, capere, spoliare, diripere, seu merces, victualia, aut armamenta quæcumque, ab eisdem navibus, aut earumdem nautis auferre, nec eisdem vim, violentiam, aut molestationem aliquam inferre possit, aut debeat,” &c. Dumont, _Corps Diplomatique_, IV. i. 352.

[231] This interesting document is printed in Appendix E, from _State Papers, Dom._, James I., vol. 13 (1605), No. 11; No. 12 is another of the same. It is not the original, but a copy, the names being all in the same hand as the body of the paper. Diligent search among the records has failed to furnish the “plott” referred to, but there is no reason to doubt that the reproduction of it by Selden (_Mare Clausum_, lib. ii. c. xxii.), and shown here on fig. 3, is an accurate representation. Selden states that the plott or chart was engraved, and copies sent to the officers concerned.

[232] It will be noticed from fig. 4, where the lines between the headlands are shown on a modern map, that some of the “chambers” on the east coast have entirely disappeared, no doubt owing to the erosion or silting up of the coast at those places during the last three hundred years.

[233] In stormy weather as many as 300 or 400 sail of Hollanders took refuge in St George’s Channel at a time. _State Papers, Dom._, xlv. 23 (1609).

[234] Cunningham, _The Growth of English Industry and Commerce_, i. 424.

[235] Gardiner, _Hist. England_, i. 103.

[236] Declaratie van de visscherijen in Holland Zeeland en Vlaanderen. Fruin, _Tien Jaren uit den Tachtigjarigen Oorlog_, 1588-1598, p. 186.

[237] _Descrittione Di M. Lodovico Gvicciardini Patritio Florentino, Di Tvtti i Paesi Bassi, Altrimenti Detti Germania Inferiore_, Antwerp, 1567, p. 21. The value of the cod caught was placed at £150,000 sterling per annum.

[238] Hadrianus Junius, _Batavia_, p. 203. The work was written between 1565 and 1569, and published in 1588.

[239] Hitchcock, _A Pollitique Platt_. The author says that when he was at the wars in 1553, more than 400 busses were set forth from twelve towns in the Low Countries. Dee, _General and Rare Memorials_.

[240] Faulconnier, _Description Historique de Dunkerque_, i. 47, 53, 121.

[241] Van Meteren, _Historie der Nederlandscher ende haerder Naburen Oorlogen_ (1614), fol. 466. This author says the maritime power of the States was shown in the same year, when between 800 and 900 ships departed for the Baltic within the space of two or three days’ tides.

[242] John Keymer’s _Observation made upon the Dutch Fishing about the year 1601. Demonstrating that there is more Wealth raised out of Herrings and other Fish in his Majesties Seas, by the neighbouring Nations in one Year, then the King of Spain hath from the Indies in Four._ London, Printed from the original Manuscript, for Sir Edward Ford, in the year 1664. Keymer states that he found in Holland more than 20,000 sail of ships and “hoyes,” more than was possessed by England, France, Spain, and other eight countries in Europe. The same figure is given by Sir Thomas Overbury, who visited the Netherlands in 1609 (_Observations in his Travels, upon the State of the Seventeen Provinces_, 1626).

[243]

_Observations touching Trade and Commerce with the Hollander, and Other Nations; presented to King James, wherein is proved that our Sea and Land Commodities serve to enrich and strengthen other Countries against our own._ Raleigh’s _Collected Works_, viii. 351. Oldys, in his Life of Raleigh, which was published in 1736, says there was some reason to doubt whether Sir Walter Raleigh was the author of this treatise: it was first printed in 1653, first associated with Raleigh’s name by being bound up with his “Remains” in 1656, and first definitely said to be Raleigh’s by Roger Coke in his _Detection of Court and State_; and he gives reasons for the opinion that it was written by John Keymer and not by Raleigh (_Collected Works_, i. 441). But, as Raleigh’s latest biographer states, Raleigh still has the credit of it (Stebbing, _Sir Walter Raleigh_, 267). I have, however, found the original signed manuscript copy among the State Papers for 1620 (_State Papers, Dom._,