186 THE SOVEREIGNTY OF THE SEA 



considerable preparations to meet their arguments both with 

 reference to the treaties and the Law of Nations. Early in 

 November he wrote to the Council at Edinburgh, saying that 

 the wrongs suffered by his Scottish subjects from the fishing of 

 the Hollanders in the seas of Scotland had caused him to bring 

 the matter before the States, and to acquaint them of his " re- 

 solution to have them duly repaired." The States had signified 

 their desire to have their rights and the actions of their subjects 

 " orderly tried and determined," and they were therefore about 

 to send over commissioners " sufficiently authorised " for that 

 purpose. As commissioners to meet them, he had chosen the 

 Duke of Lennox, the Marquis of Hamilton, Lord Binning 

 (Secretary), and Sir George Hay (Clerk of Register), and he 

 asked the Council to expedite the issue of their commission 

 under the great seal. He also desired them to send him, in 

 writing, the most perfect information they could procure as to 

 his right to exclude the States from their pretended right or 

 alleged possession of the herring-fishing, with full particulars 

 of the wrongs committed by the Dutch on the Scottish people, 

 either by scattering the shoals of herrings or by " usurpation 

 of farder libertie to themselves nor hes bene formerlie granted 

 or tolerated be us or our prediceesoris to them." l 



The commissioners named were accordingly authorised to 

 treat with the Dutch commissioners "anent the trial and 

 verification of the rights, immunities, and privileges alleged to 

 have been granted by his Majesty or any of his most noble 

 progenitors, Kings of Scotland, to the said States-General of the 

 United Provinces, or any others from whom they deduce and 

 derive their claim to fish in the seas of the said kingdom of 

 Scotland, or any part or place thereof." They were further 

 instructed to treat as to the redress required for the injuries 



the coasts of Great Britain and Ireland," to the following effect : " 1. The treaty 

 never so opportune as now when they fearest it most and their State least settled ; 

 in ill terms with France and Spain. 2. In the East Indies we can match them, 

 and so in the north voyage (Greenland ?). The French King taketh part with 

 Barnevelt. The King of Spain prepareth against Venice. What the King of 

 Denmark, the Princes of the Union, the . . . and the rest of the Protestants 

 think of any falling out with the Low Countries." It may be noted that this 

 memorandum contains no "reference to Selden's Mare Clausum, which the author . 

 stated was submitted to the king this year (see p. 366). 



1 The king to the Council, 7th November 1618. Reg. Privy Counc. Scot., xi. 631. 



