352 THE SOVEREIGNTY OF THE SEA 



The task of replying to Grotius was taken up by a Scottish 

 lawyer, William Welwod or Wei wood, a professor of the civil 

 law. Welwood was Professor of Mathematics at St Andrews 

 University, but exchanged the Mathematical for the Juridical 

 Chair about the year 1587 ; at the royal visitation in 1597 he 

 was deprived of his office, on the ground that the profession of 

 the law was in no wise necessary at that time in the Univer- 

 sity, but probably because his profession as a teacher of juris- 

 prudence was obnoxious in the eyes of James. 1 In 1590 he 

 had published at Edinburgh a treatise on the Sea Laws of 

 Scotland, which is believed to be the earliest regular work on 

 maritime jurisprudence printed in Britain, and which was 

 dedicated to James ; 2 but it contains nothing bearing on the 

 question of the fishery or "assize-herring." In 1613 he 

 published at London a new and enlarged edition of his early 

 work, and in one of the chapters on "The Community and 

 Proprietie of the Seas," he endeavoured to refute the argu- 

 ments advanced in Mare Liberum, which he seems to have 

 looked upon as a reply to James's proclamation of 1609. 3 This 



1 M'Crie, Life of Andrew Melville, 206, &c. Selden describes him as Juriscon- 

 avltus Scotus; and Prynne "A Scot, Professor of the Civil Law " (Animadversion*, 

 113). 



2 There is a copy in the Library of the University, Cambridge (Aldis, A List oj 

 Books printed in Scotland before 1700 ; Dickson and Edmond, Annals of Scottish 

 Printing, 415), and I have found a MS. copy among the State Papers, entitle 

 " The Sea Law of Scotland, shortly gathered and plainly dressed for the read] 

 vse of all seafaring, men. Dedicated to James VI. of Scotland by William 

 Welvod. At Edinborough, A 1590, by Robert Walgrave." (State Papers, Dom., 

 Jas. I., ccviii. No. xvi.) It was printed at Edinburgh by Waldegrave in 1590. 

 There are fifteen chapters dealing with the freighting of ships, the powers anc 

 duties of the master, the relations between the master and the merchants, 



In his preface to the Abridgement, Welwood refers to this earlier work as follows : 

 "It pleased your M. some yeeres past most graciously to accept of this birth, in 

 the great weaknes and infancie thereof. Therefore it is, that now being strong, 

 and by all warrants inarmed, it most thankefully returnes, offring seruice to your 

 M. euen for all the coasts of your Highnes dominions, vpon hope to merit your 

 former grace." His last work is dated 1622. It is probable that, like so many of 

 his countrymen, he followed King James to London, where all his later works were 

 published. He was of an ingenious mind, and, while teaching mathematics at 

 St Andrews, obtained a patent for a new mode of raising water from wells, &c., 

 on the principle of the syphon. M'Crie, op. cit. 



3 An Abridgement of all Sea-Lawes, gathered forth of all Writings and Monu- 

 ments, which are to be found among any people or Nation vpon the coasts of the 

 greate Ocean and Mediterranean Sea : And specially ordered and disposed for the 

 v$e and benefit of all beneuolent Sea-farers, within his Maiesties Dominions of Great 



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1C. 



