THE FISHERIES 69 



men of Flanders, Picardy, Normandy, and Brittany, and other 

 parts of France, might go in peace over the whole sea to fish 

 and gain their living, without any restraint or hindrance ; pro- 

 vided no fraud was committed, and that English fishermen 

 had the same privileges from Flanders, Picardy, Normandy, 

 Brittany, and other parts of France. If the fishermen were 

 driven into port by the violence of the wind, or other cause, 

 they were to be received freely and treated reasonably, paying 

 the dues and customs as of old, and be at liberty to return 

 to their own ports. The king, therefore, commanded his 

 admirals, captains, bailiffs, the commanders of castles and 

 ports, and others concerned, to see that the provisions of the 

 treaty were carried out. 1 



In the following year was concluded the first of the great 

 series of Burgundy treaties, about which so much was to be 

 heard in the diplomatic negotiations with the Dutch in the 

 seventeenth century. Flanders was then part of the dominions 

 of the Duke of Burgundy, who held it as a fief of France, and 

 freedom of commerce and fishery was of the highest import- 

 ance to his Flemish subjects. A treaty or convention was 

 therefore drawn up between Henry's ambassadors and the 

 Duke of Burgundy, dealing chiefly with commercial inter- 

 course, in which the above-mentioned provisions for mutual 

 liberty of fishing were embodied, in practically the same 

 language, and comprising likewise the whole of France. 2 In 

 1408 the mutual freedom of fishing in the sea was twice con- 

 firmed, in the prorogation of the truce with the Duke of 

 Burgundy, and in the ratification by the King of France of 

 the treaty between Henry and the Duke ; 3 and it was again 



1 Fcedera, viii. 459. " Pro Piscatoribus, sub Dominio Ducis Burgundise : . . . toutz 

 pescheurs, tant de nostre dit roiaume d'Engleterre et de Caleis, et dez autres uoz 

 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 sem- 

 blablement soit fait et otroie, de lez ditea 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." 



2 Ibid., viii. 469, 472. Dumont, Corps Universd Diplomatique du Droit des Gens, 

 &c., II. i. 302. Proc. and Ordinances of the Privy Council of England, i. 282. 



3 Ibid., viii. 50, 548, " Et lea pescheura generalment aler pescher sur mer pour 

 gaignier leur vivre paisiblement." 



