158 THE SOVEREIGNTY OF THE SEA 



were able to bear, since they lived cheaply and each of the 

 60,000 people mentioned were " adventurers," the losses being 

 thus spread over a great number. They suggested that the 

 English had given up the fishery because they had found a 

 more comfortable livelihood in other ways. 1 



On the other side, the English commissioners argued that 

 by the custom of nations the king had a right to the whole 

 of the seas around his coasts; and this right was exercised 

 by other countries, as Spain, France, Denmark, Sweden, 

 Venice, Genoa, and Russia, and generally by all maritime 

 states; and it was not opposed to the Roman law or the 

 teachings of the Civilians. They admitted that the sea was 

 free for navigation, but denied that it was free for fishing. 

 All the kings of England since Edgar had the adjoining 

 seas under their jurisdiction, and had always received " con- 

 sideration " for the fishing within them. The commissioners 

 evidently felt that the treaties offered the greatest difficulty 

 to the policy of James, and they contended that all the 

 Burgundy treaties had become obsolete for a variety of 

 reasons. The great treaty of 1496 had lost its effect, inas- 

 much as a later treaty in 1520 (which, however, dealt with 

 quite other things) did not confirm it. The treaties, more- 

 over, had been made with the House of Burgundy, and con- 

 cerned only the subjects of that house ; but there were now 

 no subjects of the Duke of Burgundy ; and the Dutch at least 

 could not found upon those treaties, because they had them- 

 selves broken and transgressed them. Even if those old 

 treaties could be supposed to be in force and provided liberty 

 of fishing without license, that could not mean without the 

 payment of the usual dues, customs, and taxes. Besides, 

 when the treaties were made the circumstances were different. 

 The fishing of the Netherlanders was not then so disagree- 

 able to this country as it was now; then about 100 vessels 

 came to fish, while now they sent 2000. The king was there- 

 fore not bound to tolerate them any longer. 



1 Vreede, Vrijheid van Haringvaart en VisscJierij. Nota, in den Jare 1610, door 

 de Nederlandsche Gezanten aan de Enyelsche Rcgering ingediend (Bijdragen voor 

 Vaderlandsche Geschiedenis en Oudheidkunde, Derde Deel. Arnhem, 1842). Muller, 

 op. cit., 57 ; State Papers, Dom., xlvii. Ill ; Brit. Mus. Lansdowne MSS., 142, fol. 

 362. Vreede thinks it probable that the instructions were drawn up by Grotius ; 

 Muller believes that he was at all events consulted on the matter. 



