[316] [See p. 81]. The treaty did not contain any stipulation of the kind; and, moreover, the Scottish copy was then amissing.
[317] Muller, Mare Clausum, 107. Brit. Mus. Add. MSS., 17,677, J, fol. 153 et seq. Lansdowne MSS., 142, fol. 410. Reg. Privy Counc. Scot., xi. 605, 608.
[318] By the Scots Act, 1 James I., May 1424, regarding the “custome of horse, nolt, scheepe, had furth of the realm, and of herring,” it was ordained that the following should be paid: “of ilk thousand of fresche herring sauld, of the Sellar one penny, and of ilk last of herring, tane be Scottis-men barrelled, foure schillinges, of ilk last be strangeris taken, sexe schillinges.”
[319] Caron to the States-General, 25 Aug./4 Sept., 12/22 Sept., 19/29 Sept. 1616. Brit. Mus. Add. MSS., 17,677, J, fol. 152-166. The statement of Lennox that the tax was a barrel of herrings or ten shillings agrees with the statements of the Dutch skippers, who, however, added twelve cod-fish (“Een tonne harinck van elcke buÿsse oft een Angelott daervooren met twelff cabillauwen”).
[320] Carleton, Letters, 156, 157. Muller, op. cit., 110. Brit. Mus. Add. MSS., 17,677, J, fol. 213b. Lansdowne MSS., 142, fol. 410. State Papers, Dom. Collection, Charles II., vol. 339.
[321] Carleton, Letters, 156. Caron to the States-General, 3/13 Aug. 1617; Carleton to the States-General, 27 Aug./6 Sept. Brit. Mus. Add. MSS., 17,677, J, fol. 210, 213. State Papers, Dom. Collection, Charles II., vol. 339.
[322] Carleton, Letters, 168, 169, 172, 176, 186. Muller, op. cit., 111.
[323] Brit. Mus. Lansdowne MSS., 142, fol. 398, 400. “The State of the Case between his Majesty and the States of the United Provinces, touching the remanding to his Majesty of a Delinquent,” 19th November 1617. In Cæsar’s handwriting. It describes the circumstances of Brown’s capture. The counsel whose opinion was obtained were “W. Byrde (? Sir Wm. Bird, Dean of the Arches), H. Marten, and Hy. Styward.” “Brown, his Majesty’s subject of the Kingdom of Scotland, was by authority from that State sent in a pinnace of the King to the subjects of the United Provinces, who were then fishing for herrings upon the coasts of Scotland, to demand a certain acknowledgment claimed by his Majesty, as due unto him in the right of that crown;” that “while delivering his errand he was arrested and carried prisoner to Holland by the Dutch commander, who pretended he had warrant and commission from the Lords the States so to do; that his Majesty (having represented this indignity by his ambassador there to the Lords the States, the latter disavowed the act of the captain) requireth the offender there, to be remanded unto himself here to receive as to justice shall appertain. The Question—Whether this offender ought to be sent herein to his Majesty as is required. Answer—There are good authorities that if a subject of one State commit a heinous crime within the territory of another State (though against a private person), the subject so offending ought to be remitted to the place where the crime was committed, if it be required.” There were also opinions to the contrary, but “two very particular circumstances about this offence seem necessarily to enforce the remission of the Dutch captain to his Majesty (1) taken from the person of Brown, who was a public messenger sent by the State of Scotland on the affairs of the Prince, and ought to have been inviolable by the Law of Nations, and therefore a wrong and abuse done to him was contra jus gentium; (2) taken from the manner of the wrong done, which was nomine publico—viz., by a pretended commission from the Lords the States.”
[324] Carleton, Letters, 219-263. Muller, op. cit., 113.
[325] Crail, Anstruther, and Pittenweem, in Fife, and Musselburgh and Fisherrow, on the opposite side of the Firth of Forth.