526 THE SOVEREIGNTY OF THE SEA 



In a later unpublished treatise he advocated much the same 

 method of mutual agreement with France, with respect to the 

 striking of the flag, as had been formerly proposed by Richelieu 

 that in our half of the Channel they should strike to us, and 

 that in the half next France we should strike to them. 1 



Whether or not the writings of Meadows had any influence 

 upon the practice, or, what is more likely, merely reflected 

 the change in opinion that had begun, it is from about this 

 time that we find instances of definite boundaries being fixed, 

 usually in connection with the rights of fishery, instead of 

 the vague claims that commonly prevailed. The first case 

 of the kind happened indeed a few years earlier. In a treaty 

 between James II. and Louis XIV., which was concluded in 

 1686, concerning the rights of trading and fishing in the 

 British and French possessions in America, it was agreed 

 that the subjects of each were to abstain from fishing or 

 trading "in the havens, bays, creeks, roads, shoals or places" 

 belonging to the other, and the liberty of innocent navigation 

 was not to be disturbed. 2 Though no definite limit was laid 

 down in this treaty, the meaning of the terms used was well 

 understood; they were practically the same as those used 

 in the proclamations as to neutral waters in 1668 and 1683. 



abstain from fishing within any the rivers, fryths, havens, or bays of Great Britain 

 and Ireland, or within a distance of leagues from any point of land thereof, 



or of any the isles thereto belonging ; under a penalty and forfeiture of all the fish 

 that shall be found aboard any vessel doing to the contrary, and of all the nets, 

 utensils and other instruments of fishing. The like distances, and under the same 

 penalties, to be kept and preserved by the subjects of His Majesty of Great Britain 

 and Ireland, from any of the coasts belonging to the United Netherlands. But 

 beyond these precincts and limits, that the people and subjects on both sides be at 

 freedom to use and exercise fishing, where they please, without asking or taking 

 licenses or safe-conducts for so doing, and without the let, hindrance, or molestation 

 one of another. Saving always the ancient rights of the crown of England, and that 

 nothing herein contained be interpreted or extended to any diminution or impeach- 

 ment thereof, But that they remain in the same force and vertue, as before this 

 agreement." Meadows does not suggest the number of leagues within which fishing 

 should be reserved, but he quotes with approval the proposal of James, in 1618, to 

 fix a limit of fourteen miles that is, one "land-kenning" of the Scotch. 



1 "Reflections upon a Passage in S r William Temple's Memoirs, printed 1692, 

 relating to the Right of Dominion on the British Seas." Brit. Mus. Add. MSS., 

 30,221, fol. 55. It is dated 1693. 



2 A Treaty of Peace, Good Correspondence and Neutrality in America, <&c., 16th 

 November 1686, Art. v. By Article xvi. French subjects were to be at liberty to 

 fish for turtles in the islands of Cayman. 



