THE FISHERIES 85 



even, it was argued on their behalf, if the fish had been caught 

 within his Majesty's waters, still, in respect of the " continual 

 trade " which strangers had had there in all time past, " there 

 being no inhibition made or published to the contrary as yet," 

 no such treatment should have been meted out to them. 1 This 

 was in the reign of James VI. ; and the most likely explanation, 

 in the absence of information as to the decision taken by the 

 Council, is that while no official proclamation forbidding fishing 

 by foreigners had been promulgated, and no recent measures 

 carried out to prevent them from doing so, it was believed that 

 a certain part of the sea was reserved for the use of the Scot- 

 tish fishermen, apart from the waters of firths and lochs. 



The difference in the national policy of England and Scot- 

 land concerning foreigners fishing along our coasts prevailed 

 until the Union of the crowns, when James introduced the 

 Scottish ideas into England and soon endeavoured to transform 

 them into practice. Meanwhile, under the Tudors, certain 

 changes were slowly and silently taking place which paved the 

 way for the new policy, and that too although, very shortly 

 before, the freedom of the seas had been proclaimed and vindi- 

 cated by Queen Elizabeth. 



1 Register Privy Council of Scotland, iv. 216. 



