CHAPTER III.

UNDER THE TUDORS.

The policy of freedom of commercial intercourse, navigation, and

fishery which was enunciated in the Intercursus Magnus and the treaties

which preceded it, was faithfully observed throughout the sixteenth

century. No attempt was made by any of the Tudor sovereigns to

interfere with the liberty which foreigners enjoyed of fishing on the

English coast; nor was any claim put forward by them to the dominion

or lordship of the surrounding seas. On the contrary, throughout the

greater part of the century, facilities were given for the peaceful

exercise and encouragement of sea-fishing, even in time of war; while

on several occasions the last and greatest of the monarchs of the

Tudor line actively contested the old pretensions of Denmark to the

sovereignty of the northern seas, and the more recent claims of Spain

and Portugal to the exclusive right of navigating the great oceans.

It was nevertheless during this century that changes occurred which

made it easy for James early in the next to initiate a new policy

of _mare clausum_, and to repudiate the provisions of the so-called

Burgundy treaties. The most important of these changes was perhaps the

decay which overtook the sea fisheries. Apart from their commercial

and economic value, the fisheries were looked upon as indispensable

for the maintenance of maritime power, and probably at no previous

time had greater efforts been made to foster maritime power than

under the Tudors. The hardy fishermen who navigated their barks to

distant seas--to Iceland, to Wardhouse, round the North Cape, and

now to Newfoundland--were trained in a school of seamanship which

fitted them admirably to take their place for the naval defence of the

country. Even the herring-smacks and the dogger-boats that fished in

the North Sea and the Channel turned out mariners by no means to be

despised,--men acquainted with the coasts and the tides, able to manage

sails and educated to the sea. It was this aspect of the fisheries

which was mostly regarded by the statesmen of those times, and for

which the “political lent” and the protective legislation were designed.

The causes which led to the decay in the English fisheries were no

doubt various, but perhaps the chief one, and the one on which most

stress was laid in the latter part of the century, was the Reformation.

The very large consumption of fish due to the observance of Lent

and the numerous days of fasting, or fish-days, has been referred

to (see p. 58). The suppression of the monasteries (1536-1539) and

the dispersal of the inmates and dependants must alone have had

considerable influence, but the relaxation of ecclesiastical rule among

the laity which followed was much more detrimental to the fisheries.

The decay of the sea-coast towns, so frequently spoken of in the reign

of Elizabeth, was mainly attributed to this cause. Another influence

which operated in the same direction, most markedly towards the end

of the century, was the great growth of the fisheries and commerce of

the Dutch. After the assertion of their independence of Spain (1581),

commonly called the “abjuration of Philip,” their fisheries developed

with great rapidity. One of the first acts of the new Republic (1582)

was the codification of the fishery statutes; and about this time

they applied to the deep-sea herring fishery the name of Great or

Grand Fishery (_Groote Visscherye_), as being “the chief industry of

the country and principal gold-mine to its inhabitants,” in contrast

to the real gold-mines of Spain. They furnished the greater part of

Europe with cured herrings and other fish, and the fish supply of

England, and more particularly of London, fell to a large extent into

their hands. Their herring fishery was carried on along our east

coast, and the spectacle of great fleets of foreign fishing vessels

frequenting our waters, while the native fisheries were falling to

decay, roused envious and jealous feelings in the breasts of patriotic

Englishmen.[156]

Under the Tudors the efforts made to foster the sea fisheries did

not, as has been said, take the form of interfering with the foreign

fishermen. They were rather directed, on the one hand, to increase

the consumption of fish by restoring the strict observance of Lent

and fish-days, and, on the other hand, to check the importation

of fish caught by foreigners. In this way it was hoped that the

native fisheries would be stimulated to supply at least the home

markets. As early as 1541--a year or two after the suppression of the

monasteries--an Act was passed which apparently indicates that the

decline in the fisheries had already set in, and that it was customary

for the English people to purchase fish from foreigners rather than

catch them for themselves. Heavy penalties were imposed on any person

who should bring into the realm for sale fresh fish (except sturgeon,

porpoise, and seal, which were then included in the term) which they

had purchased from strangers in Flanders, Zealand, Picardy, France, or

elsewhere beyond the sea, “or upon the sea between shore and shore”;

but the buying of fish at Iceland, Scotland, Orkney, Shetland, Ireland,

or Newfoundland--to all which places English vessels went--was not

prohibited.[157] This statute was re-enacted four years later, and

again by Edward VI. and Queen Mary.[158] In the reign of Elizabeth a

number of similar statutes were made, with the object of favouring the

native fishermen in their competition with foreigners.

About the same time as the first Act of Henry was passed we begin

to get evidence of laxity in the observance of Lent and of measures

taken to deal with it. Many persons, including noblemen, were brought

before the Privy Council charged with having eaten flesh in Lent, and

were committed to the Fleet. The mayor and aldermen of London were

commanded to make inquisition throughout all the wards of the city as

to the households in which flesh was used in Lent, and the butchers

were required to furnish information as to the quantity of flesh sold

by them, and to whom, in the same period.[159] This activity of the

Privy Council foreshadowed the new policy of the “political lent”

which was inaugurated a few years later in the reign of Edward VI.,

and with which the name of Cecil was associated. By this time it was

clearly recognised that the religious changes that had taken place were

prejudicial to the fisheries by lessening the consumption of fish, and

in 1548 an “Act for Abstinence from Flesh” was passed, by which fines

were imposed on those who did not observe the usual fast-days. The

object of the measure was clearly explained. “One day or one kind of

meat of itself,” it said, “is not more holy, more pure, or more clean

than another, for that all days and all meats be of their nature of one

equal purity, cleanness, and holiness;” but “considering that due and

godly abstinence is a mean to virtue, and to subdue men’s bodies to

their soul and spirit, and considering also especially that Fishers,

and men using the trade of living by fishing in the sea, may thereby

the rather be set on work,” it was enacted that no person should eat

flesh meat on Fridays, Saturdays, Ember-days, Lent, or on any other day

which was accustomed a fish-day, under a penalty of ten shillings fine

and ten days’ imprisonment without flesh food.[160]

By this statute the political lent was established, and the policy of

compelling the people to eat fish for the good of the fisheries and

the navy was continued with more or less vigour for a century and a

half. Sir William Cecil was especially active in its favour. He caused

careful inquiries to be made into the condition of the decayed havens

and sea-coast towns and the state of the fisheries. He was informed by

the London fishmongers, to whom he had submitted a series of questions,

that there was not so much fish then consumed “by a great quantity”

as used to be the case, and that the number of vessels engaged in the

fisheries had greatly decreased. On the latter point they referred to a

return made about the twentieth year of the reign of Henry VIII., which

showed that seven-score and odd ships then went to the Iceland fishery,

about 80 crayers to Shetland, and about 220 crayers from Scarborough

and other towns to the North Seas fishing, making a total of about 440

fishing vessels; while at the time they wrote--in the reign of Edward

VI., and probably in 1552 or 1553--the number had fallen to about 133,

of which 43 went to Iceland, 10 crayers to Shetland, and 80 to “the

North Seas,” showing a decrease in the twenty-four or twenty-five

years of about 307 “ships and crayers.”[161] A similar story of the

decay of the fisheries came from the east-coast towns. At Lynn, which

was maintained chiefly by the Iceland and the herring fisheries, and

which twenty or thirty years before sent out about thirty vessels

to those fisheries, there were then only two Iceland barks, and no

herring-smacks at all. It used to be able to furnish 300 mariners for

the king’s service, while now it could not supply more than twenty

or thirty. And so at Burnham (where the fishing-boats had decreased

from 26 to _nil_), Wells, Clee, Cromer, Yarmouth, and other Norfolk

ports--all had greatly decayed. The fisheries and the shipping had

fallen off, the “men of substance” had lost their money or left, the

population had diminished, and even the houses were falling down.

To a statesman like Cecil, who knew the value of the mariners bred

at the fishing ports for manning the navy if need arose, and how a

flourishing fishery multiplied shipping, such information must have

been disquieting. He calculated that while within twenty years back

there had been 150 ships for Iceland, 220 for the north seas, and 78

for “Shotland” (Shetland), the numbers had fallen when he wrote to 43

for Iceland, 75 for the north seas, and 9 for Shetland; and that the

number of fishing vessels had decreased from 448 to 127.[162]

In replying to Cecil’s second question as to the cause of the decay

in the fisheries, the fishmongers said it was first of all due to the

diminished consumption of fish, since the fish-days were not “duly

observed as heretofore,” which “took away such hope of gain as in time

past they have had” in carrying on the fisheries. A second reason they

gave was the greater love “for ease and pleasure” than in former times,

people now preferring to buy their fish from strangers rather than to

“travail and venture for it themselves,”--a very common charge against

Englishmen then and for a long time afterwards. As a third reason, they

said the price of fish was regulated in various towns by the mayors

and other officers in such a way that they were often forced to sell

without sufficient profit, while Government purveyors made them part

with their fish at nominal prices. It is to be noted that they made no

complaint against foreign fishermen or the importation of foreign fish.

During the brief reign of Mary (1553-1558) Cecil was in the shade, but

shortly after the accession of Elizabeth he again devoted attention to

the decay of the fisheries and tried to apply fitting remedies. Among

the State Papers of the year 1563 is a long and elaborate document,

copiously revised by Cecil himself, which deals with the condition of

shipping and fisheries, and obviously formed the basis and argument for

the great Act made in the same year.[163] In this paper the decay of

the navy both in ships and mariners was traced by Cecil to a variety

of causes: the piracies of Turks and Moors on the Levant trade, the

transference of the spice trade from the Venetians to the Portuguese

and Spaniards, the Spanish law of bottomry, the augmentation by the

King of Denmark of the tolls at the Sound and his recovery of Iceland,

and the decay of the English fisheries. Herrings and other sea fish,

he said, were now taken upon our coast by strangers, who brought them

into the realm and sold them “to the very inhabitants of the parts

that were used to be fishermen,” while Englishmen had themselves been

prohibited from exporting fish.[164] The remedies which Cecil proposed

were that the importation of wines and woad should be allowed only in

English ships; that Englishmen should be prohibited from purchasing

fresh herrings which had been caught by strangers; that they should be

free to export and sell sea fish out of the realm; and, principally,

that Wednesday should be made an additional fish-day. The decay of the

fisheries, he said, was manifest on all the sea coast in the decay of

the port towns, which soon would be “remedeless,” and it was caused

by diminished consumption of fish at home and the want of foreign

markets.[165] On the other hand, Scotland, Norway, Denmark, Friesland,

Zealand, Holland, and Flanders caught not only sufficient fish for

themselves, but exported it to other countries, including England;

while Spain provided herself by her fisheries on the south coast of

Ireland, and France “aboundeth with fishermen” from her great fisheries

at Newfoundland and Iceland.[166] Cecil’s conclusion was that there was

no likelihood for a long time of developing a flourishing export trade

in fish, and that it would be necessary to institute another fish-day

to increase the demand at home. On this part of his proposals he

entered into a long argument, showing that in 1536 the 500 monasteries

which paid tithes to the king, with a minimum number of 25,000 inmates,

must have required a great supply of fish, as fish was then eaten on at

least seventy-six days a year more than at the time when he wrote.[167]

By the great Act passed in 1563, “Touching certain Politic

Constitutions made for the Maintenance of the Navy,” Wednesday was

added to the two fish-days previously enjoined by the statute of Edward

VI., but only after long debate and opposition on the part of the

“puritans.”[168] The Act also contained provisions to restrain foreign

importation of fish, to encourage the export of English-caught fish by

subjects, and to remove the complaints as to the action of purveyors

and burdensome impositions--points on which the fishmongers had laid

some stress. Herrings and other sea fish taken by Englishmen in English

ships were to be freely exported without paying custom; no tax, toll,

or restraint was to be imposed on fish taken and landed by subjects; it

was made illegal to buy from strangers any herrings unless they were

“sufficiently salted, packed, and casked”; only English vessels were to

be allowed to carry coastwise any fish, victuals, or other goods; the

cultivation of flax for fishing-nets was to be encouraged; and on the

plea that there was “much deceitful packing” of cod and ling brought

into the realm by aliens, the importation of these fish was forbidden,

except only “loose, in bulk and by tale.” Most of these provisions

and prohibitions would operate against the Dutch, who had not only a

large part of the trade in herrings with England, but practically the

monopoly in supplying barrelled cod and ling.[169]

From this time forward the policy of protecting the native fisheries

by checking the competition of foreigners went hand in hand with the

encouragement of the consumption of fish by the compulsory observance

of fish-days. Interfering as it did with established practice and

conflicting trade interests, the Act aroused opposition in various

quarters, especially on the part of those who were interested in the

important commerce in cured cod-fish. In the year after it passed,

the Queen’s purveyors were unable to obtain in England sufficient

supplies of fish for the navy and the royal service, and they were

licensed to import cod-fish, lings, and green-cod, in barrels or casks,

notwithstanding the prohibition in the Act,[170]--a privilege which

had to be extended to all English subjects a few years later with

respect to fish caught in their own vessels “with cross-sails.”[171] On

the other hand, it was claimed that the Act had done good. The coast

people of Norfolk and Suffolk informed the Council in 1568 that it had

increased the trade in fish in these counties; and as the Act had been

passed for four years only and continued at the Queen’s pleasure, they

petitioned that it should be renewed, and that provision should be

made to put a stop to the importation by strangers of cod and ling in

bulk, which were dried and sold under the name of Iceland fish, to the

detriment of those engaged in the Iceland fishery, and also to ensure

that fish-days should be better observed.[172] In the same year the

Council instructed the magistrates of London, Hull, and Southampton,

and the justices of various shires, to commit to jail any persons

fraudulently dealing with foreign imported cod and ling as Iceland

fish;[173] and three years later another Act was passed, giving effect

to the wishes of the fishermen, and continuing the former Act for other

six years.[174] It contained a new provision showing that complaints

had been made about the vessels, some of them foreign, which came

“pretending” to buy fresh herrings on the coast of Norfolk. To avoid

“lewd outrages” by these “catches, mongers, and Picardes,” in cutting

and damaging the drift-nets of the fishermen, they were prohibited from

anchoring between sunset and sunrise during the fishing season in the

places where the boats were accustomed to fish.

Up to about this time no complaint seems to have been made against

the foreign fishermen either by English fishermen or by statesmen or

writers. The men from the Low Countries appear to have pursued their

occupation in peace side by side with the Englishmen. But in 1570

the first note was heard of what became later almost a continuous

lamentation. A petition was presented to the Privy Council asking

that “letters” should be sent to Zealand and Holland, or ships of

war despatched to protect the English fishermen from the evil doings

of the Low Countrymen. “Otherwise,” the petitioners said, “both wee

and all others that entend fysshing in all partes of this realme

shall be utterly undone, for that the fishermen Flemynges this yeire

have so spoyled and mysused all the coaste men, that it hath so

discomforted them” that they feared “the whole avoyadaunce of fysshing

both for herring and other fysshing upon all the north coast of this

realme.”[175] Whether or not this complaint referred to the outrages

described in the Act quoted above is uncertain, but probably it did

not, as the Hollanders and Zealanders fished for themselves, and they

were now becoming rather numerous. It does not appear that any special

action was taken regarding the petition. It was Cecil’s aim to increase

the use of fish within the realm and to foster the native fisheries,

but he had no desire to interfere with the liberty of fishing enjoyed

by the Hollanders. Such action would have been contrary not only to the

treaties but to the international policy of England at that time. On

political and religious grounds the aid of the Dutch was needful in the

struggle against the common enemy, Spain.

That the English people had become interested in the condition of

the fisheries and somewhat jealous of the fleets of foreign vessels

which fished along their coast may be inferred from the appearance

at this time of two works--one by Captain Robert Hitchcock, and the

other by the learned and unfortunate Dr John Dee. It is a curious

circumstance that those authors, who wrote at the same period, should

each have advocated one of the two lines of policy adopted in the next

century. Hitchcock was all for freedom of fishing, for strangers and

natives alike. His remedy was the creation of a great English fishery

organisation to oust the Dutch from our seas. Dee, on the other hand,

was emphatic in claiming _mare clausum_ and an exclusive fishing for

Englishmen, and in urging heavy taxation of foreigners who fished in

the British seas.

Hitchcock was a gentleman and a soldier who, in 1553, as he himself

tells us, while serving the Emperor Charles V. in his wars in the Low

Countries, had observed with astonishment that the wealth and shipping

of Zealand and Holland were due to their sea fisheries. Pondering on

his discovery, he thought out a plan some years later by which a great

national fishery might be established in England to supplant the

Dutch, so that the wealth acquired by them in the British seas might

go to profit his own countrymen. It was the first of the innumerable

schemes of the kind which are to be found scattered over the economic

literature of the next two centuries. Having reduced his plan to

writing, he submitted it about the year 1573 to the Earl of Leicester,

in 1575 to Queen Elizabeth, and in the following year he distributed

copies to men of influence, in the hope “that God would stir up some

good man to set out this work.” It appears even to have been brought to

the notice of Parliament by Sir Leonard Digges, but its consideration

was deferred “for want of time.”[176] The copy presented to the Queen

is preserved among the Burghley Papers in the British Museum,[177] and

the completed work, somewhat enlarged,--now very rare,--was published

(in black-letter) on 1st January 1580 as “A New Year’s Gift to

England.”[178]

The plan of Hitchcock was to borrow £80,000 for three years, when the

whole amount would be repaid from the proceeds of the fish sold. The

shires were to be arranged in eight groups, each group providing with

its £10,000 fifty fishing vessels of not less than 70 tons burthen, or

400 altogether. These were to be built after the manner of “Flemysche

Busses” and distributed at eighty ports around the coast; and at

eight of the chief ports (London, Yarmouth, Hull, Newcastle, Chester,

Bristol, Exeter, and Southampton) two “honest and substantial men of

credit” were to be appointed chief officers, to act as treasurers,

purveyors, and directors. Hitchcock estimated that each ship when

ready for fishing would cost £200; the crews were to consist of a

skilled master, twelve mariners or fishermen, and twelve “strong

lustie beggers or poore men taken upp through the land.”[179] The

scheme proposed that the busses should first fish for herrings on the

coast of England and Ireland during the fourteen or fifteen weeks

this fishing lasted, the herrings being cured and branded after the

“Flemish” fashion. The busses were also to visit Newfoundland for cod

and ling; or some were to go to Iceland, “Wardhouse,”[180] the north

seas of England and Scotland, or to Ireland. It was intended to employ

some of them in winter in exporting the surplus of cured fish to

France, “or elsewhere.” As for the all-important question of earnings,

it was calculated that each buss would catch at least 50 lasts, or 600

barrels, of herrings, worth £10 a last; altogether £200,000 from this

item,[181] and if two voyages were made, the amount would be doubled.

It was supposed that each buss would bring back from Newfoundland

20,000 of the best “wet” fish and 10,000 dried--together worth £500;

the same value was placed upon the 15,000 cod and 10,000 ling to be

procured at Iceland, Wardhouse, or the north seas; and besides the

fish, each ship was estimated to return with £50-£60 worth of cod-liver

oil. Then with regard to the “vent” or sale of the fish, it was assumed

that about half of the herrings, or 120,000 barrels, would be required

for home consumption--not an exaggerated idea, for from other accounts

it appears that London and the parts around it consumed about this time

60,000 barrels. Markets for the surplus herrings, it was believed,

would be found at Normandy, Nantes, Bordeaux, and Rochelle. The profits

were to be divided into shares, and besides paying off the borrowed

capital and the interest (at 10 per cent), a stock of £8000 was to be

formed at the eight chief ports, and £400 at the “225 decayed towns”

in England and Wales for the philanthropic purpose of giving work to

the poor. Nay, there was more. At the chief ports the surplus earnings

were to provide a salary for “an honest, virtuous and learned man,” who

was to travel constantly about the coasts preaching to the people, “as

the Apostles did.” Among the indirect benefits to the nation Hitchcock

included the transformation of idle vagabonds, of whom there were

plenty, “daily increasing,” into good subjects--some of the Members

of Parliament thought this part of the scheme alone entitled it to

national support,--the addition of 9000 mariners for manning the navy,

the saving of coin spent on foreign fish, the increase of the Queen’s

customs, of commerce and navigation, and the repair of the decayed

towns.

Such was the dream of this enthusiastic but thoroughly sincere old

soldier: to expel the Hollanders from our seas by means of a national

fishery organisation and to win back for England the wealth they

gathered from her waters. At the time when he wrote, foreign fishermen

were not nearly so numerous on our coasts as they became later. The

herring-busses from the Low Countries which fished on the east coast

numbered, he says, between 400 and 500, and the Englishmen “for feare

of them,” and of tempests, fished in small vessels near the shore, as

he shows in a “similitude,” here reproduced (fig. 2). Besides these,

between 300 and 400 ships and barks from Biscay, Galicia, and Portugal

fished off the south-west coast of Ireland from April to July, “near

to Mackertymors country”; and also on the west and north-west coasts

of Ireland for cod and ling from about Christmas to March. Hitchcock

makes no complaint against the foreign fishermen for fishing in “her

Majesty’s seas.” With a fine catholic generosity he indeed expressly

says that all men of what country soever should be free to do so; that

there was enough fish in the northern seas for all, even if there were

1000 sail more than there was. He believed that the English, by being

so much nearer the fishing grounds, ought to be able to undersell the

foreigner and get the markets and the trade.[182]

[Illustration: Fig. 2.--_Hitchcock’s representation of the English and

Flemish fisheries._]

The scheme of Dr John Dee was very different from that of Hitchcock.

A mathematician, an astrologer, a reputed magician, and, above all,

an accomplished scholar, he looked at the subject from another point

of view. Well acquainted with the writings of the Italian jurists

and the practice of the Italian states, he expounded the view that

the fisheries and the sovereignty in the British seas pertained to

the crown of England, and that foreigners should be compelled to pay

tribute for the liberty of fishing within them. It is the philosopher

of Mortlake, indeed, who must be recognised as the literary pioneer

of the claims to the sovereignty of the sea which were put forward

by England in the seventeenth century. In 1577 he published a book

entitled _General and Rare Memorials pertayning to the Perfect Arte

of Navigation_,[183] in which he dealt with the fisheries and the

boundaries of the British seas, and recommended that the tribute to

be exacted from foreign fishermen should be expended in maintaining a

navy to be called “The Petty Navy Royall,” for keeping the seas and

supervising the fisheries. “Should not forreyne fishermen,” he asks,

“(overboldly now and to to injuriously abusing oure riche fishings

about England, Wales and Ireland), by the presence, oversight, power

and industry of this Petty Navy Royal be made content; and judge

themselves well apaid to enjoy, by our leave, some great portion of

revenue to enrich themselves and their countries by, with fishing

within the seas appertayning to oure ancient bounds and limits? Where

now, to oure great shame and reproache, some of them do come in a

manner home to our doors; and among them all, deprive us yearly of

many hundred thousand pounds, whiche by our fishermen using the said

fishings as chief, we might enjoy; and at length, by little and little,

bring them (if we would deal so rigorously with them) to have as little

portion of our peculiar commodity (to our Islandish Monarchy, by God

and Nature assigned) as now they force our fishermen to be contented

with; and yearly notwithstanding, doo at their fishing openly and

ragingly use suche words of reproche toward our Prince and realm, as no

true subject’s hart can quietly digest; and besides that, offer such

shamefull wrongs to the good laboursom people of this land, as is not

(by any reason) to be born withall, or endured any longer: destroying

their nets, cutting their cables to the los of their anchors; yea, and

often-tymes of Barkes, men and all.”[184] Here is the first note of

a plaint which will become very common. He also accused the foreign

fishermen, under colour of fishing, of making secret soundings of the

channels and banks along our coast, to the great danger of the realm.

As for their fishing on the English coast, he says, erroneously, that

the men from the Low Countries had frequented the herring fishing off

Yarmouth for only thirty years (since 1540), since when their numbers

had greatly increased. They had now become “very rich, strong, proud,

and violent,” so that the ships of Norfolk and Suffolk, next to the

fishing places, were reduced in numbers by 140 sail, besides crayers

and other craft. The number of Flemish herring-busses that came to

our coast he placed at over 500, while there were about 100 French;

and 300 or 400 “Flemings” fished for cod in the north seas, “within

the English limits.” Other foreigners, moreover, caught herrings on

the Lancashire and Welsh coasts, and about 300 sail of Spaniards,

besides Frenchmen, fished off Cape Clear and Blackrock in Ireland. All

these fishings, said Dee, were “enjoyed as securely and freely from

us by strangers, as if they were within their own King’s peculiar sea

limits; nay, rather as if those coasts, seas and bays were of their

private and several purchases: to our unspeakable loss, discredit and

discomfort, and to no small further danger in these peculiar times of

most subtle treacheries and fickle fidelity.” While admitting that the

British seas were free for navigation, Dee held that the fisheries

pertained to the crown of England, and that no foreigner had a right

to cast a net in our sea without first obtaining leave from the Queen.

To her belonged “the tenth” of all foreign fishings “within the royal

limits and jurisdiction” in the British and Irish seas, and it was “a

most reasonable and friendly request” that foreigners should pay that

tenth in acknowledgment of the liberty to fish,--a tribute which he

calculated would amount to £100,000 a-year, and which he urged should

be devoted to the maintenance of the “Petty Navy Royal.”

Dee was not only the first English writer who claimed the sovereignty

of the sea and the fisheries for England; he was also the first who

attempted to define their boundaries in detail. At the time when he

wrote, it appears indeed to have been held in theory by some lawyers

that the limit of the English seas extended to the mid-line between

England and foreign coasts, except in the case of the Channel, where

the water right up to the opposite shore was believed to be under the

sovereignty of England. The doctrine, no doubt, was evolved from the

opinions of the Italian jurists, whose authority was then very high

(see p. 539), and from the political relations with France then and in

former times. Two years before Dee published his book, Plowden, an

eminent lawyer, acting as counsel in a case concerning the rights on a

manor to wreck of the sea, argued for the defendant that “the bounds of

England” extended to the middle of the adjoining sea which surrounded

the realm, but that the Queen had the exclusive jurisdiction on the

sea between England and France by reason of her title to France, and

so also with Ireland; whereas in other places, as towards Spain, she

had only the moiety. It was the same, said Plowden, with the sea as

with great rivers. But while Plowden allowed the “jurisdiction and

governance of all things” to the Queen on the sea within the limits

stated, he denied to her the right of property in it or in the land

under it; it was common to all men, and she could not prohibit any

one from fishing in it; the water and the land under it were things

of no value, and “the fish are always removable from one place to

another.”[185]

Dee adopted the same opinion as to the limits, but held, as we have

seen, that the fisheries were appropriated. The boundaries of the

Queen’s “peculiar seas,” he said, were “in all places to be accounted

directly to the myddle seas over betweene the sea-shores of her own

kingdom (and of all petty Isles to the same kingdom appertayning) and

the opposite sea-shores of all forrein princes: and in all seas lying

immediately betweene any two of her own coasts or sea-shores, the whole

breadth of the seas over (in such places) is, by all reason of justice,

appropriate to her peculiar jurisdiction and sea royalty,” even if

the distance in such cases were 1000 miles or more.[186] On the other

hand, according to Dee, neighbouring countries were to be allowed the

same rights and interests in the moiety of the sea appropriate to their

coasts.

The limits of the British seas, and the sovereignty pertaining to

them, were more fully described by Dr Dee some years later in a long

unpublished letter or treatise addressed to Sir Edward Dyer,[187]

who had apparently asked him for a fuller statement of his views on

the subject. In his book Dee said little about the boundaries in the

Channel, where the principle of the mid-line was complicated by two

circumstances--the claim of Elizabeth to the French crown, and the

possession by England of the Channel Islands. In his later treatise he

says that presupposing “for doctrine’s sake” that Calais was in the

hands of Spain, and the northern coasts of Picardy and Normandy were

appropriated by France (which was the case), then the boundary must

be drawn in the very middle of the Channel between Dover and Calais,

and then westwards in the middle line between the opposite coasts of

England and of Picardy and Normandy, until it touched the middle of a

straight line drawn between Portland and the island of Alderney. In

this region, west of the line, inasmuch as the coasts of the Channel

Islands and the opposite coast of England belonged to the Queen, her

Majesty had “absolute, peculiar, and appropriate Sea Sovereignty and

Jurisdiction Royall.” The western boundary of this area of absolute

sovereignty in the narrow seas coincided with a line drawn from Start

Point to an “island” that Dee calls “Rocktow,” which is unrepresented

on charts, but which is probably a phonetic synonym for “Roches

Douvres,” a group of islets off the north coast of Brittany.[188] From

the middle of this line the boundary passed westwards, again midway

between the coasts of England and Brittany, until it touched the middle

of a third straight line drawn from the north-west part of Ushant

to about the Lizard. These were the limits on the supposition above

referred to; but, “speaking more boldly in her Majesty’s right,” Dee

declared that the whole sea between the south coast of England and

the north coast of France--Picardy, Normandy, and Brittany--was under

the Queen’s “sea-jurisdiction and sovereignty absolute,” inasmuch

as she was a real monarch of France by direct inheritance and prior

conquest, and therefore had right to the French coasts; and this

“absolute sovereignty” served to “enlarge and warrant” the Queen’s

“Jurisdiction Respective” in the ocean to the west of France. So also

the jurisdiction of the crown of England extended into the main ocean

to the west of England and Ireland by reason of the possession of the

shores; while the ocean around Scotland, inasmuch as that country was

(he said) in olden times tributary to the English kings, yielded to

her Majesty “a mightie portion of Sea Sovereignty,” as it stretched

away westwards to “that famous and very ancient Platonicall or

Solonicall Atlantis.” For the same reasons Dee claimed prerogative and

jurisdiction for the Queen in the northern ocean, and between Scotland

and the opposite coasts of Norway and Denmark, “at least to the

mid-sea,” and so to the southwards “half seas over” between the east

coast of England and the coasts of Denmark, Friesland, and Holland, to

the Straits of Dover.

Within the British seas as thus defined, Dee claimed that the crown

of England had first of all sovereign jurisdiction, over foreigners

as well as over subjects,[189] and part of the duty of the Petty

Navy Royal--which, as stated, was to be maintained by taxing foreign

fishermen--was to guard and protect foreign ships passing through our

seas. This doctrine he based upon the law as laid down by the Italian

jurists. Nor did he forget the purely naval side. Quoting the old

proverb, “A sword keepeth peace,” he argued that the presence of a

fleet such as he suggested would cause other nations to respect us more

than they did, and enable us to enjoy the royalty and sovereignty of

the narrow seas and of our other seas better than the possession of

Calais and Boulogne could do.

Dee’s work was premature. His proposals that Elizabeth should tax

foreigners for fishing in the British seas and exercise jurisdiction

over foreign vessels passing through them remained as much a dream

as the scheme of Hitchcock.[190] It need not be supposed that such

measures as Dee proposed were intrinsically distasteful either to

the Queen or to Cecil. If a navy could have been acquired so easily,

or a much less sum than £100,000 gathered from foreign fishermen in

a “friendly” way, as Dee supposed, neither the sovereign nor the

statesman was likely to let the chance go by. But they knew better than

the philosopher, or than the Stuarts in the next century, that a policy

of the kind would involve them in difficulties with other Powers,--with

France and Spain as well as with the Protestant Netherlands.

So far from adopting any policy of this nature or making any claim

to a special sovereignty in the surrounding seas, Elizabeth steadily

opposed all claims which other nations put forward to _mare clausum_.

Long before Grotius, she was the champion of the free sea, although

it must be admitted that the action of the English Queen was no more

based on considerations of the general good of mankind than were the

efforts of the Dutch publicist: both had in view the interests of

their native land. Elizabeth’s motive was to secure liberty of trade

and fishery for her subjects, which was threatened by the pretensions

of Spain and Portugal on the one hand and by Denmark on the other.

The Portuguese pretension was of long standing. When that nation in

the latter half of the fifteenth century had pushed her way down the

west coast of Africa and ultimately round the Cape of Good Hope to the

East Indies, she obtained from the Pope various bulls securing her

in her possessions, and granting sovereign authority to the crown of

Portugal in all the lands it might discover in the Atlantic from Cape

Bojador to the Indies. By an inhuman doctrine established during the

Crusades, Christian princes were supposed to have the right to invade,

ravage, and acquire the territories of infidel nations on the plea of

extending the sway of the Christian Church; and the Pope, from his

supreme authority over all temporal things, disposed of these heathen

lands to such princes as might bring them under the dominion of the

Church and propagate the true faith among the inhabitants. Immediately

on the return of Columbus from his first voyage in 1493, the Spanish

monarchs accordingly obtained a bull from Pope Alexander VI. confirming

them in the newly-discovered regions; and in order to prevent disputes

with Portugal as to the extent of their respective claims, another bull

was issued, on 4th May 1493, containing the famous line of demarcation

between their territories. This was an ideal straight line drawn from

the North Pole to the South Pole, passing 100 leagues to the west of

the Azores and Cape Verde Islands. All islands or lands discovered

to the west of this line by the Spaniards, and which had not been in

the possession of any Christian Power before the preceding Christmas,

were to belong to the Spanish crown; and all territory discovered to

the east of it was to belong to Portugal. The Pope, moreover, granted

a monopoly of commerce within those immense regions to the respective

crowns, so that other nations could not trade thither without license

from the Spanish or Portuguese sovereigns.[191] Spaniards even were not

allowed to go to the New World either to trade or form establishments

without royal license and authority. Disputes arose between Spain and

Portugal as to the equity of the Pope’s line of demarcation, and by the

Treaty of Tordesillas, 7th June 1494, they agreed that the inter-polar

line should pass 370 leagues to the west of Cape Verde Islands.[192]

The exclusive rights conferred by the Pope were rigorously enforced

by Spain and Portugal. Navigation to their new possessions, or the

carrying on of any trade or commerce with them, without royal license

was made punishable by death and confiscation of goods.[193]

Early in her reign Elizabeth had occasion to protest against the

claims of Portugal, and had a heated dispute with King Sebastian about

them.[194] Later, the daring exploits of Drake on the Spanish seas were

more than a flagrant violation of Philip’s pretension to _mare clausum_

in the western Atlantic and the Pacific Oceans--a claim which Elizabeth

refused to recognise. When Mendoza, the Spanish ambassador, complained

to her in 1580 of Drake’s depredations, and that English ships

presumed to trade in the “Indian” seas, he was told in effect that the

Spaniards, contrary to the Law of Nations, had prohibited the English

from carrying on commerce in those regions, and had consequently drawn

the mischief upon themselves. She was unable to understand, she said,

why her subjects and those of other princes should be barred from the

“Indies.” She could not recognise the prerogative of the Bishop of

Rome “that he should bind princes who owe him no obedience,” and her

subjects would continue to navigate “that vast ocean,” since “the use

of the sea and air is common to all; neither can any title to the ocean

belong to any people or private man, forasmuch as neither nature nor

regard of the public use permitteth any possession thereof.”[195]

About the time when Drake left England, the question of the right of

Spain to forbid the English to trade to the Indies had been considered.

It was argued that the Pope’s bull was void, for several reasons. The

consent of the Pope had been conditional for the conversion of the

natives, while the “usage of the Spaniards hath been otherwise.” The

bull could have no force in tending to the prejudice of a third party,

because all princes by the Law of Nations had the right of navigation

in the sea and the right of traffic, and the Pope could not deprive

them of these rights. Besides, there had been agreements between Spain

and England since the date of the bull that the subjects of each state

might freely traffic in the dominions of the other; and the Spanish

lawyers had come to the conclusion that the Venetians could not legally

inhibit others from trading in the Adriatic, and therefore, by the

same reasoning, neither could the Spaniards or Portuguese prohibit

orderly and lawful traffic to their Indies.[196] Elizabeth has been

charged with inconsistency on the ground that at the time when she was

asserting the freedom of the seas against the claims of Spain she was

claiming for herself, “with very great energy,” a similar dominion in

the British seas.[197] The charge is quite unfounded. No claim was put

forward by her to the sovereignty of the British seas. On the contrary,

they were declared to be free for the navigation and fishery of all

nations.

The policy of Elizabeth as to the freedom of the sea is revealed still

more clearly in the negotiations with the King of Denmark as to the

right of fishery at Iceland and in the northern seas. Denmark claimed

not only the Sound and the Belts and the maritime dominion of the

Baltic, with the right of controlling the navigation through them, but

also the seas intervening between the coasts of Norway on the one hand

and Iceland and Greenland on the other. A similar claim was made to the

sea between Norway and the Orkney and Shetland Isles, at all events

prior to 1468, when they were acquired by Scotland. Putting aside

altogether the differences that arose with regard to the dues exacted

at the Sound and in connection with the Baltic, a great many disputes

had occurred between England and Norway and Denmark as to the right of

Englishmen to trade and fish at Iceland and along the Norwegian coast,

and many treaties were made between the two Powers regulating that

right. From an early period numerous barks from Lynn, Yarmouth, Hull,

Scarborough, and other east coast ports, and from Bristol, frequented

the northern seas for fishing and buying fish, and for traffic,

visiting not only Iceland, but Helgeland, Nordland, and Finmark, and

going at least as far east as Wardhouse or Vardö. In 1415 Henry V., at

the request of King Eric, and notwithstanding an earnest petition of

the Commons to the contrary,[198] prohibited his subjects from going to

Iceland or other islands belonging to Norway or Denmark;[199] in 1429

the King of Denmark prohibited English merchants from purchasing fish

at Finmark, or elsewhere in his dominions than at Bergen, against which

the English petitioned Henry VI.;[200] and in 1490 an important treaty

was concluded between Henry VII. and King John II. of Denmark and

Norway, by which English subjects were granted liberty to sail freely

to Iceland for fishing or trading on paying the usual customs, provided

that they obtained a renewal of their license to do so every seven

years.[201] This treaty was renewed in 1523 between Henry VIII. and

Christian II.,[202] but disputes frequently arose later, and several

embassies were charged with composing the differences.

Apparently the English fishermen did not always conduct themselves

with propriety. They were accused of committing various wrongs and

injuries on the inhabitants, and in 1585, on the complaint of the King

of Denmark, Queen Elizabeth issued an Order in Council reproving them

for their excesses, and intimating that if they were continued the King

of Denmark would interdict their fishing, and “punish such as shall

without his license repair thither, and confiscate their ships and

goods.” The king, she said, had promised that if the English fishermen

abstained from committing outrages and behaved themselves, and paid the

customary duties, he would allow them to enjoy the liberties they had

formerly possessed; and she commanded the principal officers at her

ports to take bonds from all those going to Iceland or Wardhouse for

their good behaviour.[203] But the disputes and difficulties continued.

The English fishermen omitted to renew their licenses septenially,--in

1592 it was said they had not been obtained for twelve years, and the

stipulation had been forgotten by those in authority,[204]--and the

Danes began about 1593 to interrupt them in their fishing at Westmoney

and in the sea off Iceland, and to seize their vessels. On complaint

being made to the King of Denmark, he declared his willingness to allow

the Englishmen to fish at Iceland under license, except at Westmoney

(small islands on the south coast), where the fishing was reserved for

his court.[205] At the close of the century the Danes used stronger

measures. In 1599 several English vessels were seized or molested. Five

ships of Kingston-upon-Hull, while at Wardhouse for fish, as had been

their custom for years, were met there by a small Danish fleet with

the King of Denmark himself on board, who caused them to be seized as

prize, took all the goods and effects of the Englishmen, beat some of

the crew and put them in irons, and finally carried off four of the

ships.[206] Other English vessels were driven away from their fishing

on the high seas around Iceland, although far from the coast.

Elizabeth complained strongly of these acts of injustice as being

contrary to the Law of Nations.[207] A Danish ambassador who came to

England at this time tried to justify the prohibitions by reference

to the treaty of 1583, by which permission had been given to English

vessels to navigate the northern seas to Russia, but which did not

grant any authority for fishing; and he requested the Queen to publish

an edict inhibiting her subjects from fishing at Iceland or Wardhouse

without the license of the King of Denmark, declaring that many English

vessels persisted in carrying on the fishery without any license,

contrary to the treaties. Reliance was also placed on an old treaty

made in 1468 between Edward IV. and Christian I., in which it was

stipulated that English vessels should not go farther north on the

coast of Norway than Hagaland.[208] In the following year ambassadors

were dispatched from England to negotiate an arrangement concerning

the tolls levied at the Sound and the freedom of the northern seas for

English fishermen,[209] and in a paper of 1602 conveying instructions

to the ambassadors at Bremen we find an admirable exposition of the

principles of the freedom of the seas.

After claiming that the treaties of 1490 and 1523 had given liberty of

fishing to the English, the ambassadors were to declare that the Law

of Nations allowed fishing in the sea everywhere, as well as the use of

the ports and coasts of princes in amity for traffic and the avoiding

of the dangers from tempests; so that if the English were debarred

from the enjoyment of those common rights, it could only be in virtue

of an agreement. But there was no such contract or agreement. On the

contrary, by denying English subjects the right of fishing in the sea

and despoiling them for so doing, the King of Denmark had injured them

against the Law of Nations and the terms of the treaty. Moreover, with

respect to the licenses the Queen declared that if her predecessors

had “yielded” to take them, “it was more than by the Law of Nations

was due”; they might have yielded for some special consideration; and

in any case it could not be concluded that the right of fishing, “due

by the Law of Nations,” failed because licenses were omitted. As to

the claim to the sea between Iceland and Norway on the ground that the

King of Denmark possessed both coasts--the argument used by Dee and

Plowden for the dominion of the English crown in the Channel--Elizabeth

was emphatic. If it was supposed thereby “that for the property of

a whole sea it is sufficient to have the banks on both sides, as in

rivers,” the ambassadors were to declare “that though property of sea,

in some small distance from the coast, may yield some oversight and

jurisdiction, yet use not princes to forbid passage or fishing, as is

well seen in our Seas of England and Ireland, and in the Adriatic Sea

of the Venetians, where we in ours and they in theirs, have property of

command; and yet neither we in ours nor they in theirs, offer to forbid

fishing, much less passage to ships of merchandise; the which by Law

of Nations cannot be forbidden ordinarily; neither is it to be allowed

that property of sea in whatsoever distance is consequent to the banks,

as it happeneth in small rivers. For then, by like reason, the half

of every sea should be appropriated to the next bank, as it happeneth

in small rivers, where the banks are proper to divers men; whereby it

would follow that no sea were common, the banks on every side being

in the property of one or other; wherefore there remaineth no colour

that Denmark may claim any property in those seas, to forbid passage or

fishing therein.”

The ambassadors were to declare that the Queen could not agree that

her subjects should be absolutely forbidden the seas, ports, or coasts

in question for the use of fishing, “negotiation,” and safety; she had

never yielded any such right to Spain and Portugal for the Indian seas

and havens. Nevertheless, if the King of Denmark for special reasons

desired that she should “yield to some renewing of license,” or that

“some special place upon some special occasion” should be reserved for

his own use, they were in their discretion and for the sake of amity

to agree; but the manner of obtaining the license was to be defined in

such a way that it would not be prejudicial to her subjects, nor “to

the effect of some sufficient fishing,” and the licenses were to be

issued in the subject’s name rather than in hers or the king’s.[210]

Denmark continued to insist upon her right to the trade with Iceland,

and to the fisheries in the northern seas,[211] which became of greater

importance early in the next century when the whale-fishing was

established at Spitzbergen. The Danish claim to a very wide zone of

territorial sea around Iceland was enforced until quite recent times.

The dispute between Elizabeth and the King of Denmark as to the rights

of fishing in the North Atlantic bears a strong resemblance to that

between James I. and the Dutch, which began a few years later, when the

positions, however, were reversed, James insisting on his right to the

fishery on the British coasts, while the Dutch used the arguments of

Elizabeth in favour of the complete freedom of the seas. One difference

in the two cases may be pointed out. England by agreeing to take

licenses from the King of Denmark, in the treaties of 1490 and 1523,

acknowledged the sovereignty of Denmark in northern waters, whereas

the Netherlands never acknowledged the sovereignty of England in the

British seas, within which the liberty of fishing had been expressly

granted to them by the Burgundy treaties.

Meantime the condition of the English fisheries had not much improved,

either under the restrictive legislation respecting imports and

exports of fish or by the measures taken to enforce the political

lent. The liberty given by the Act of 1571 for the importation of

cod-fish was opposed to the interests of the Iceland trade, and gave

rise to abuses. Great quantities of inferior fish were “engrossed”

by English merchants abroad and brought into the realm, which was

thus “furnished with foreign fish and herrings,” while the Iceland

fishery declined and the number of mariners available for the navy

diminished. The importation of foreign salted fish or salted herrings

by Englishmen or denizens was therefore prohibited; such fish were

allowed to be brought by aliens alone, who were to pay additional

customs, but fish from Iceland, Shetland, Newfoundland, and from the

Scottish seas were still to be admitted.[212] But the attempt to keep

out foreign fish failed in its object, the restrictions were found to

be otherwise injurious, and they were repealed in 1597. “It had been

hoped and expected,” it was said in the preamble of the repealing

Act,[213] “that the fishermen of this realm would in such sort have

employed themselves to fishing, and to the building and preparing of

such store of boats and shipping for that purpose, as that they should

long ere this time have been able sufficiently to have victualled this

realm with salted fish and herrings of their own taking, without any

supply of aliens and strangers, to the great increase of mariners and

maintenance of the navigation within this realm. Notwithstanding it

is since found by experience that the navigation of this land is no

whit bettered by means of that Act, nor any mariners increased, nor

like to be increased by it; but contrary wise, the natural subjects of

this realm being not able to furnish the tenth part of the same with

salted fish of their own taking, the chief provision and victualling

thereof with fish and herrings hath ever since the making of the same

Statute been in the power and disposition of aliens and strangers,

who thereby have much enriched themselves, greatly increased their

navigation, and (taking advantage of the time) have extremely enhanced

the prices of that victual[214] to the great hurt and impoverishing of

the native subjects of this realm, and yet do serve the markets here in

very evil sort,” housing their fish till the price was raised to their

liking. Thus the merchants in England were hindered in their trade,

the navigation of the realm “which was intended to be augmented, hath

been rather impaired than increased,” and the price of fish had been

greatly raised, to the general prejudice of the people. After this very

thorough condemnation of its previous Act,[215] Parliament declared

that as strangers and subjects were at liberty to export English-caught

fish and herrings, it was only right to allow subjects as well as

foreigners to bring in fish to provision their own country, and the

previous Act was wholly repealed. Thus the condition reverted to what

it had been before this course of legislation began.

It is equally doubtful whether the compulsory fish-days or political

lent had much influence in fostering the fisheries. At first, if

a return from the Trinity House can be trusted, the number of

fishing-boats increased. They reported in January 1581 that since

the previous Parliament there had been an increase along the coast

from Newcastle to Portsmouth of 114 sail of fishing-boats, of between

fifteen and forty tons, which was equal to the maintenance of a

thousand additional seamen for the navy.[216] It is not improbable that

an increase of the herring-boats occurred on the east coast at this

time, but it was temporary, and more likely due to other provisions of

the Act of 1563. Cecil’s Wednesday, for which he had fought so hard,

was abolished in 1584, while certain penalties for eating flesh in

Lent, on Fridays, Saturdays, or other fish-days, were at the same time

augmented;[217] but in 1593 all the penalties were greatly reduced.[218]

The policy of the political lent did not fail from want of efforts to

enforce it. In London especially precautions were taken to have the law

carried out, and the fishmongers were naturally active in their own

interests. Taverns and inns were often raided; those who had flesh in

their houses during Lent were often put in the pillory, and those who

partook of it in the stocks; and butchers were frequently prosecuted

for selling flesh on forbidden days. Those who were licensed to provide

flesh in Lent for the sick were put under bond, and had to keep an

account of every joint they sold; watchmen guarded the city gates lest

any beef should be smuggled in. Similar measures were taken throughout

the country. The sheriffs and justices of the peace were ordered by the

Council to see that the Act was duly enforced, and innkeepers had to

enter into recognisance to observe it.

But there is abundant testimony that the observance of the fish-days

was evaded on all sides. The policy was against the temper of the

people. So long as it had been a matter of religion and ecclesiastical

rule they were faithfully observed. The motive was now too remote; and

although the people were exhorted on grounds of “conscience” to eat

fish on 153 days in the year in order to maintain the navy, and “great

numbers” at first obeyed, the “universal multitude” always abstained,

and their example was followed by the better classes. Many considered

abstinence from flesh on fish-days to be “papistical”; others objected

on economic grounds, saying they could maintain their families better

and cheaper on flesh than on fish; and great numbers took advantage of

the clauses in the Act granting license of exemption. The Lord Mayor

was pestered by such applications, very commonly from noblemen and

persons about the Court, even receiving them from the Queen herself,

and in 1595 he begged that the Act might be repealed altogether.[219]

Thus “Cecil’s fasts,” as the unpopular fish-days were vulgarly

called, designed by the great statesman to increase the fisheries and

strengthen the navy, became the butt of the popular dramatist, and

served little purpose except, in the words of Ben Jonson, to “keep

a man devoutly hungry all day, and at night to send him supperless

to bed.”[220] There is little doubt that the policy of the political

lent, if it had been feasible, would have succeeded in its object.

Edward Jennings at the end of the century calculated that shipping

had diminished in the proportion of two to five since the time when

fish-days were observed, and that the fisheries were reduced in the

proportion of four-fifths in the same period; while the number of idle

persons in England who had previously engaged in fishing in the sea

was estimated at 10,000. Even if those figures were exaggerated, they

indicate, as Parliament admitted, that the measures hitherto taken

to revive the fisheries had failed. It remained for King James to

try another plan, that of exercising an effective sovereignty on the

British seas by prohibiting foreign fishermen from fishing within them

without taking license and paying tribute.

Before passing to the reign of James something must be said about one

symbol of this sovereignty, as it was now regarded--the striking of

the flag and top-sails. From the beginning of the fifteenth century,

when the Flemish herring-boats, and no doubt others, lowered their

sails to English ships (see p. 43), there appears to be no record of

the ceremony until the middle of the next. In the reign of Henry VIII.,

although he was sometimes called “Lord of these seas,”[221] and ships

were appointed to “keep the passage of the narrow sea,” the honour of

the flag was probably only occasionally enforced. But under Edward

VI., during the Protectorate of Northumberland, we find it stated in

the King’s Journal that in April 1549 “the Flemings’ men-of-war would

have passed our ships without vailing bonnet, which they seeing shot at

them, and drave them at length to vail bonnet and so depart”; and again

in July of the following year, at Dieppe, the Flemish ships lowered

their sails to an English man-of-war.[222] This appears to be the first

recorded instance of foreign men-of-war saluting the ships of the

King of England, and it is noteworthy that in the latter case it was

performed in a French port by Flemish vessels.

That it was not always demanded in the absolute manner of later times

is shown by orders issued by the Privy Council in 1552. The Baron de la

Garde was in command of a French fleet of twelve men-of-war, and Sir

Henry Dudley, whose force was weaker, asked how he should act “touching

the preeminence of honnour to be gyven” when he met the Baron. The

Council replied that “in respect of thamitie and that the sayd Baron

is stronger then he uppon the sees sume tymes yelde and sume tymes

receyve thonnour”; and he was told to use the Baron courteously, “and

with such discression that the same yelding of the preeminence may

be interpreted to be of curtesy rather then to the derogacion of the

Kinges honnour.”[223] It was the French who consistently and constantly

opposed the English claim, and there is evidence that the salute was

a point of rivalry between the two countries even at this time. An

ordinance issued by Henry II. of France in 1555 (repeated by Henry III.

in 1584) required all vessels to strike their sails to ships of the

French navy whenever they met them at sea, and some Hamburgers were

seized because they did not do so.[224] The honour appears to have been

generally accorded by the Dutch in the reign of Elizabeth,[225] and

compelled from the Spaniards. In 1554, in the reign of Mary, when the

Spanish fleet was coming up Channel in all its bravery, with the royal

flag flying on the Admiral’s ship, and bringing Philip of Spain to

marry the Queen of England, the English Admiral, Lord William Howard,

fired a broadside into the Spaniard and forced him to lower his colours

while in his presence.[226] And later, when Anne of Austria was on

her way to Spain to marry Philip, the Spanish ships were fired on by

Admiral Hawkins at Plymouth and forced to strike the flag and lower

top-sails in like manner.[227] But it was not till the reign of Charles

I. that this punctilio became of great international importance.

The Sovereignty of the Sea An Historical Account of the Claims of England to the Dominion of the British Seas, and of the Evolution of the Territorial Waters · 第 3 / 22 章