JAMES I.: DISPUTES WITH THE DUTCH 183 



of the intruders away. 1 The Englishmen then set up a 

 cross on the shore with the king's arms on it, and they 

 called the land "King James's Newland." It is noteworthy 

 as indicating the attitude and practice towards France through- 

 out almost the whole of the disputes about mare clausum, 

 that the French whalers were allowed to continue their oper- 

 ations, subject, however, to the payment of a tribute of 

 whales or train-oil, while the two Dutch ships were despoiled 

 of their catches and fishing-gear and were sent home empty. 



)n their arrival at Amsterdam the ill-treatment to which 

 they had been subjected was naturally resented, and repre- 

 sentations to King James were made through the ordinary 

 channels, but without success. The Dutch founded their 

 partly on the general principle "that according to the 

 practice of all times and peoples, navigation, fishery, and 



le use of the shore were free and common to all," and 



irtly on the claim of prior discovery. Spitzbergen, they 



lid, was discovered by Jakob van Heemskerk, a Dutchman, 

 1596 ; they had therefore at least as good a right as 

 the English or any other nation to the fisheries there. On 

 other hand, the powerful Muscovy Company argued 

 that Spitzbergen was discovered by Willoughby in 1553, 

 md accordingly belonged to England; and the king adopted 



lis view, notwithstanding the elaborate case drawn up by 

 the famous cosmographer, Plancius, on the other side, which 



ras submitted to him. 2 The seas around Spitzbergen were 

 leld to pertain to the British seas, and to be under the 



laritime dominion of the King of England, a claim which 



ielden attempted to vindicate later. 



1 M'Pherson, Annals, ii. 274. Win wood, Memorials, iii. 480. M'Pherson speaks of 

 fteen Dutch, French, and Biscay whalers and four English "interlopers." Muller 



(Mare Clausum, 120), quoting from a contemporary Dutch account, mentions three 

 Jiscayers, three Spaniards, two French, one Dunkirker, and two Hollanders. Both 

 be Spanish and French Governments protested against the action of the English 

 els. Digby wrote from Madrid (4th September 1613) that the English merchants 

 at St Sebastian were threatened in person and goods on the return of the Spanish 

 lips which had been prevented from fishing at " Greenland," and they were forced 

 remain indoors. 



2 A Trew Declaration of the Discoverie of the mayne Landes, Islandes, Seas, 

 Ports, Havens, and Creekes, lyenge in the North-West, North, and North-East 



artes of the World, State Papers, Dom., Ixxvi. 51. Muller, op. cit., 121, 123. 

 2arleton, Letters, 7. 



