224 THE SOVEREIGNTY OF THE SEA 



The stipulation in the treaty of 1604 was now brought 

 to mind in the negotiations on Charles's fishing scheme. These 

 negotiations, which were carried on for more than two years, 

 were conducted on the part of Scotland with an ingenuity 

 and refinement of procrastination scarcely surpassed by the 

 Dutch in the previous reign. 



After the report above mentioned, a large committee was 

 appointed to discuss the business with the English authorities, 

 and to report to the meeting of Parliament in November. 

 Accordingly, on 3rd November the committee submitted the 

 report of their proceedings with the English commissioners, 

 which was signed by the Earl of Monteith, the President 

 of the Council. They understood, they said, that the general 

 fishing proposed by the king referred only to those fishings 

 of which the benefit was exclusively reaped by strangers 

 (that is to say, to deep-sea buss-fishing), and did not in any 

 way touch the fishings which were enjoyed by the natives 

 of any of the three kingdoms, so that the laws and freedom 

 of every kingdom might be preserved, as indeed was "con- 

 tained in the said instructions." It was therefore necessary,, 

 they said, in the first place, that such fishings "in everie- 

 kingdom whiche ar onely injoyed be the natives be made 

 known," and that it should be clearly determined what those 

 fishings were which were called " common benefits " that could 

 not be "dividedly enjoyed." With their eyes probably on 

 the fate of the nationalisation clauses in the Draft Treaty 

 of 1604, they declared it to be desirable that Scottish adven- 

 turers in the proposed association should be naturalised in 

 England ; and with reference to the commodities brought 

 back for exported fish, they said it was necessary to inquire 

 how the return for the fishes exported out of each king- 

 dom should be made to the kingdom in which they were 

 actually taken. As to founding a burgh in the Lewes, that,, 

 they said, would be an infraction of the rights of the existing 

 burghs. 



The reply of the English commissioners was somewhat vague 



No. 1. It is unfortunate that the reasonable delimitation of the territorial fishing 

 waters proposed in the treaty was not carried out, for there can be little doubt 

 that had it been it would have become recognised by other nations, and would 

 have continued to the present day. 





