154 THE SOVEREIGNTY OF THE SEA 



seas where he pleases, without asking license, or paying any 

 toll or duty whatsoever." It was moreover apparent, apart 

 from considerations of principle as to the freedom of the sea, 

 that no certainty existed that the king, or a successor, would 

 not raise the tax, if once imposed, as the King of Denmark had 

 done with the dues at the Sound, until they became a heavy 

 burden. 



A Scottish lawyer, probably in the service of the crown, 

 in reply to the objections of Sir Noel Caron, argued that it 

 could not be called an "innovation" to exact the tribute, if 

 the herrings swam from the ancient places of their resort 

 and appeared in new places in his Majesty's seas, where the 

 tax was not previously levied, or because there was an " over- 

 sight" in levying it in olden times when, he said, there was 

 little fishing in the north seas and about the Isles, and 

 the cost of collecting it would have been great. As for 

 treaties, it was most improbable that any stranger would 

 ask or king grant that strangers should be more free to fish 

 " within the seas of the king's dominions " than the native 

 subjects of the kingdom. But even if such grant had been 

 made, it could not stand good in law, because it was " re- 

 pugnant to reason." By negligence, he said, the Hollanders 

 had been allowed two advantages. In ancient times they were 

 " appointed " to fish no nearer the land than they could see the 

 shore from their main-tops; but now they fished as near as 

 they pleased, excluding the natives and breaking up the shoals. 

 Then, while the natives had to pay three assizes yearly, the 

 Dutch were " as yet " asked to pay only one, though many of 

 the busses made three voyages in a year. And if the sea was 

 free to all, why had the Netherlanders entered into treaties for 

 freedom of fishing ? By making covenants with the kings of 

 Scotland, " and taking liberty of them to fish within the Scot- 

 tish seas," they had " disclaimed mare liberum and acknow- 

 ledged the Kings of Scotland to be Lords of these Seas." Why 

 should the Dutch alone object, if the natives, the French, and 

 all other foreigners willingly pay the assize-herring ? l It was, 

 however, untrue to say that the tax was paid by the French or 



1 Arguments for Collecting the Assyze herring from all Strangers fishing in the 

 North Seas of Scotland, and Answers to some objections proponet be Sir Noel 

 Caron. State Papers, Dom., xxxii. 31. 



