JAMES I. : DISPUTES WITH THE DDTCH 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. 

 On 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 

 case partly on the general principle "that according to the 

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

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

 partly on the claim of prior discovery. Spitzbergen, they 

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

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

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

 the other hand, the powerful Muscovy Company argued 

 that Spitzbergen was discovered by Willoughby in 1553, 

 and accordingly belonged to England ; and the king adopted 

 this view, notwithstanding the elaborate case drawn up by 

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

 was submitted to him. 2 The seas around Spitzbergen were 

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

 maritime dominion of the King of England, a claim which 

 Selden attempted to vindicate later. 



1 M'Pberson, Annals, ii. 274. Winwood, Memorial*, iii. 480. M'Pherson speaks of 

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

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

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

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

 vessels. Digby wrote from Madrid (4th September 1613) that the English merchant* 

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

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

 to remain indoors. 



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

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

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

 Carleton, Letters, 7. 



