78 THE SOVEREIGNTY OF THE SEA 



of savagery, probably apocryphal, no doubt originated in the 

 conflicts and reprisals between the Dutch and the Scots which 

 are known to have occurred in the reign of James V., and led 

 to the treaty of 1541, in which, for the first time, there is a 

 stipulation concerning the fisheries. For some years previously 

 the relations of the Emperor Charles V. (in whose dominions 

 the Low Countries were included) and the King of Scotland had 

 been strained, owing to the renewal of the old alliance between 

 Scotland and France. A number of armed vessels, under the 

 command of Robert Foggo of Leith, cruised about and captured 

 many Dutch herring-busses, especially those belonging to 

 Schiedam and Briel. The States of Holland retaliated by 

 seizing Scottish goods in Holland, and then James V. threatened 

 that he would put an entire stop to their herring fishing on the 

 coast of Scotland. 1 Owing to the war with France and the 

 depredations of privateers, the Netherlands at that time had 

 much difficulty in protecting their herring-busses, and the 

 threat of the Scottish king speedily brought about negotiations. 

 The States of Holland petitioned the Emperor to interfere, 2 

 alleging that the prohibition of their herring fishing by the 

 King of Scotland was inconsistent with the freedom of naviga- 

 tion, and even with the treaties subsisting between them 

 which, however, as has been said, did not include the question 

 of fishing. In the treaty which followed between James V. 

 and the Emperor, 3 it was, amongst other things, agreed that 

 means should be devised for reparation of the damages done on 

 both sides " to merchants, fishers, and other traders or subjects," 

 or to their ships and goods, in time of peace ; and that mutual 

 protection should be afforded to the fishermen against pirates. 

 It contained no fishery clause like those in the English treaties, 

 and not a word about the liberty of fishing. It can scarcely be 

 doubted that the omission was deliberate, and that those con- 

 ducting the negotiations on behalf of the Dutch wished to have 

 a guarantee of the kind. We learn from the treaty that the 

 last article in the instructions of the Scots ambassador con- 



1 " Dat hy voorhadt, de haringvisscherij omtrent zyne kusten te beletten.'" 

 Wagenaar, Vaderlandsche Historic, v. 209. 



2 Read. Staten van Noll., ^ September 1540. Bosgoed, Bib. Pise., 319. 



9 1540 



3 Treaty of Binche, ^ February jgjj. Dumont, op. cit., IV. ii. 208. 



