In transcribing records and preparing the index, and in some other ways, I have been assisted by my wife.
I feel that an acknowledgment is due to my publishers for the patience and consideration they have shown in the delay which, for several reasons, has occurred in the completion of the book.
It is right to add that I alone am responsible for all the opinions expressed, unless when otherwise stated.
T. WEMYSS FULTON.
41 Queen’s Road, Aberdeen,
January 1911.
CONTENTS.
| [INTRODUCTION.] | |
|---|---|
| PAGE | |
| Prominence of maritime affairs in English history—The meaning of the term Sovereignty of the Seas—Early appropriation of seas—Venice—Genoa—Denmark, Sweden, Poland—Spain and Portugal—Reasons for appropriation—Insecurity of sea in middle ages—Merchants associations—Origin of the English claims—Their nature—Became important under the Stuarts—James I.—Charles I.—The Commonwealth—Charles II.—Decay of the English pretension to the dominion of the seas—Extent of the “Sea of England” and of the “British Seas”—The “Narrow Seas”—The “Four Seas”—Selden on the British Seas—The territorial waters | 1 |
| [SECTION I.—THE HISTORY OF THE CLAIMS TO THE SOVEREIGNTY OF THE SEA.] | |
| [CHAPTER I.] | |
| EARLY HISTORY. | |
| Alleged sea sovereignty exercised by ancient Britons, Romans, and Anglo-Saxons—King Edgar—Canute—Norman, Angevin, and Plantagenet kings—The Channel or Narrow Sea—The safeguarding of the sea—Admiralty jurisdiction—Impressment of ships—Liberty of navigation and fishing—The question of tribute—English kings as lords of the sea—King John’s ordinance as to lowering sail to a royal ship—The sovereign lordship in the so-called Sea of England—The roll De Superioritate Maris Angliæ—Complaint against Reyner Grimbald—Nature of jurisdiction exercised in Sea of England | 25 |
| [CHAPTER II.] | |
| THE FISHERIES. | |
| Importance of fisheries in middle ages—Ecclesiastical fasts—A great herring fishery—Foreign fishermen frequent British coasts—The question of freedom of fishing—Licenses to French to fish in the Channel—Treaties guaranteeing liberty for foreigners to fish on the British coasts—The “Burgundy” treaties—The Intercursus Magnus—Practice in Scotland differed from that in England—Waters reserved for natives, and foreigners excluded—Treaties with the Netherlands—Acts of the Parliament of Scotland | 57 |
| [CHAPTER III.] | |
| UNDER THE TUDORS. | |
| Decay of English fisheries—Influence of Reformation—Rise of Dutch fisheries—The “Political Lent”—Cecil’s inquiries and proceedings—Legislation to protect the English fisheries and encourage the consumption of fish—First complaints against foreign fishermen on English coast—Hitchcock’s “Pollitique Platt”—His scheme of a national fishery association to compete with the Dutch—Proposals of Dr John Dee to tax foreigners fishing on British coasts—Claim advanced to the sovereignty of the sea—Supposed limits of British seas—Queen Elizabeth opposes all claims to Mare Clausum—Spanish and Portuguese pretensions to dominion on the great oceans—Negotiations with Denmark as to trading and fishing at Iceland and Norway—Queen Elizabeth’s exposition of the principles of the freedom of the seas—Further legislation to promote the fisheries—Failure of the policy of fish-days—The striking of the flag | 86 |
| [CHAPTER IV.] | |
| UNDER THE STUARTS. JAMES I. A NEW POLICY. | |
| Change of policy as to freedom of fishery—The “King’s Chambers” defined and described—Limited to questions of neutrality—Beginning of struggle with Dutch for commercial and maritime supremacy—Expansion of Dutch fisheries—English accounts of their extent—John Keymer—Sir Walter Raleigh—Tobias Gentleman—The Dutch great herring fishery along British coast—Its value and importance—English fishery trifling in comparison—English envy and jealousy of Dutch—Rival fishery schemes proposed—Plan of London merchants—Proposals to tax foreign fishermen—Complaints of encroachments of Hollanders in England and Scotland—Petition from Cinque Ports for protection—Privy Council consider unlicensed fishing by foreigners—Recommend proclamation restraining foreigners from fishing on British coasts without license from the king—Proclamation issued—Aimed against Dutch—Protest of States-General—Proclamation suspended—The “assize-herring”—Discussions with the Dutch ambassador—Dutch embassy of 1610—Fishery question postponed—Other fishery schemes—The queen’s proposals—Records to be searched to establish king’s jurisdiction at sea and right to the fishings | 118 |
| [CHAPTER V.] | |
| JAMES I.—continued. DISPUTES WITH THE DUTCH. | |
| Grant of “assize-herrings” in Scotland to Duke of Lennox—Considered by Scottish Council—James instructs that the tax be levied from foreign fishermen—Mr John Brown collects them in 1616 from Dutch—Protest by Dutch ambassador—Dutch naval commanders ordered to prevent further payments—Brown again sent in 1617—Seized and carried to Holland by Dutch man-of-war—Repudiation of act by States-General—Further complaints in Scotland against Dutch—Representations by British ambassador at Hague—“Land-kenning” or range of vision claimed as limit—Scottish Council asked to prevent Hollanders from fishing within sight of land—Dutch edict of 1618—Assize-herrings again demanded by the Restore—Mare Clausum in the Arctic Seas—Spitzbergen whaling disputes—Dutch embassy of 1618—Evasion of fishery question—James’s displeasure—Threats to use force—Fishery treaty again postponed—A limit of fourteen miles requested—Dutch concession—Proposals regarding whaling at Spitzbergen—Assize-herrings again demanded by the Charles—The Dutch strengthen their convoying squadrons—Dutch embassies of 1619 and 1621—Fishery question still evaded—Edict of 1618 renewed—Fresh complaints against Hollanders—Fishery societies proposed—The striking of the flag—Incident with French in 1603—Monson’s action against Dutch—Spanish complaint—The custom as to striking the flag | 165 |
| [CHAPTER VI.] | |
| CHARLES I. FISHERIES AND RESERVED WATERS. | |
| Extravagant pretensions to the sovereignty of the sea—The ship-money writs and the old records—Charles proposes a great fishery society to compete with the Dutch—Coke prepares a scheme—Difficulties with Scottish burghs—Charles requests Scottish Privy Council to further the scheme—Strenuous opposition in Scotland—Claim of “reserved waters” advanced—Commissioners on behalf of England and Scotland appointed—Prolonged negotiations—Extent of reserved waters defined—Modifications proposed—Burghs petition Charles to prevent the Hollanders from fishing in Scottish waters—Fisheries declared to be under the royal prerogative—Charles attends the conferences of the commissioners—Scheme finally agreed to—The “Royal Fishery of Great Britain and Ireland” established—Operations at the Lewes—Misfortunes and eventual failure of the society | 209 |
| [CHAPTER VII.] | |
| CHARLES I.—continued. THE NAVY. | |
| Need of a strong navy—Insecurity of seas from pirates—Violations of King’s Chambers and ports by Dutch and Dunkirkers—Proclamation concerning same and claiming sovereignty of sea—Charles’s private policy to recover the Palatinate—Negotiations for alliance with Spain against the Dutch—Pretexts for creating a fleet—The ship-money writs—Feeling in Holland—Coke’s despatch on the dominion of England in the seas—The first ship-money fleet, under the Earl of Lindsey—His instructions—All hostilities in narrow seas to be prevented—Previous instructions to Pennington compared—The king’s private instructions—Their object—Lindsey’s queries—Proceedings of the fleet—Rumours in London—Friction with the admiral—Fails to meet the French fleet—Richelieu’s strategy, and proposals as to salute—Licenses for Dutch herring-busses—Lindsey quits the fleet—Discontent at his failure—The question of the salute becomes very prominent—Doubts and queries as to the custom in enforcing it—Practice on foreign coasts—Between ships and forts—Arrogance of English captains—Usual compliance of the Dutch—British merchantmen the worst offenders | 246 |
| [CHAPTER VIII.] | |
| CHARLES I.—continued. THE NAVY. | |
| The second ship-money fleet—Placed under the Earl of Northumberland—What was to be done with it?—Opinion of Admiralty as to convoying foreign merchant vessels and preventing foreigners from fishing without license—The instructions to Northumberland—The proceedings of the fleet—Cruise in Channel—Royal proclamation forbidding foreigners from fishing without license in British seas—Northumberland goes in quest of Dutch herring-busses—Licenses forced upon them—English men-of-war left to “guard” them—Anxiety in the United Provinces—Mission of van Beveren—States of Holland resolve to equip a fleet to protect their fishermen from molestation—Mission of Joachimi—Intervention of Queen of Bohemia—Northumberland’s fleet goes to the Yarmouth fishing—Licenses again forced on the Dutch fishermen—The amount of the “acknowledgment money” received—Misrepresentations on the subject—Renewed excitement in Holland—Proceedings of Admiral Van Dorp—Another change in the king’s policy—Arundel’s mission to Vienna—Negotiations with the Prince of Orange—Terms of a proposed treaty—Charles tries to get his licenses secretly accepted in Holland—Third ship-money fleet—Tortuous action of Charles—Captain Fielding sent in a merchant vessel to offer licenses to Dutch fishermen—Dutch men-of-war interfere and prevent licenses being taken—The story leaks out, and is to be “cried down” and another story told—National discontent and domestic troubles—The “Sovereign of the Seas”—The question of the salute—Increasing strength and boldness of Dutch fleet—Arrest and search of English ships—Tromp and Pennington—The battle in the Downs—Action of English fleet—Humiliation of Charles—The Dutch the real masters of the seas | 286 |
| [CHAPTER IX.] | |
| CHARLES I.—continued. THE JURIDICAL CONTROVERSIES. | |
| Mare Liberum and Mare Clausum—Dawn of international law—Claims to maritime dominion conflict with commercial expansion of period—Opinions of publicists previous to Grotius—De Castro—Vasquius—The Mare Liberum of Grotius—Its origin and object—Arguments of Grotius against appropriation of seas—His later work and opinions—Opponents of Mare Liberum—De Freiras—Pacius—Welwood—His Abridgment of All Sea Lawes and De Dominio Maris—Arguments for appropriation of sea fisheries—Grotius’ Defensio in reply to Welwood—Other authorities—Thomas Craig—Gerard Malynes—Alberico Gentilis—The 100-mile limit—The rights of the Crown in the foreshores and bed of the sea—Thomas Digges—Sergeant Callis—Chief Justice Coke—Charles desires to establish his rights to the dominion of the seas by “some public writing”—Records searched—Sir John Boroughs’ Soveraignty of the British Seas—Its contents and reasoning—Selden’s Mare Clausum—Begun at desire of King James—Published in 1635 by the king’s commands—Its importance immediately recognised—The king’s eulogy—The character of Mare Clausum—Its facts and arguments—Absolute sovereignty claimed for English crown—Anxiety in Holland—States-General resolve on an official refutation of Mare Clausum—Graswinckel’s treatise—Pontanus | 338 |
| [CHAPTER X.] | |
| THE PARLIAMENT, THE COMMONWEALTH, AND THE PROTECTORATE. | |
| THE FIRST DUTCH WAR. | |
| Claim to the sovereignty of the sea and the salute continued—Instructions to naval officers essentially the same—Encounter with Swedish squadron—Action approved by Admiralty committee—Council of State instruct Blake to preserve the dominion of the seas—The Dutch strike willingly—Strained relations between the Parliament and the United Provinces—Political revolution in Holland—Mission of St John and Strickland to The Hague—Propositions for fusion and alliance—The Intercursus Magnus taken as basis for treaty—St John’s seven Articles—The thirty-six Articles of the Dutch—Failure of negotiations—Feeling in England—English letters of reprisal—Embassy of Cats, Schaep, and Van de Perre—Dutch fleet increased—Discussion of thirty-six Articles—Fresh instructions from Holland—The negotiations suddenly interrupted—Blake’s encounter with Tromp in the Straits of Dover regarding the striking of the flag—Its antecedents—Tromp’s defective instructions as to striking—Account of the fight—Indignation in London—Embassy of the Grand Pensionary, Adrian Pauw—First Dutch war—Blake and the herring-busses—Tromp’s broom—The Parliament asserts the right of the Commonwealth to the sovereignty of the seas and the fishery—Selden’s Mare Clausum translated and published by order of the Council of State—Controversy between Selden and Graswinckel | 378 |
| [CHAPTER XI.] | |
| THE PARLIAMENT, THE COMMONWEALTH, AND THE PROTECTORATE—continued. | |
| THE PEACE NEGOTIATIONS. | |
| The negotiations for peace—Mission of Beverning, Nieuport, Van dePerre, and Jongestal—The attitude of Cromwell—Proposals forfusion abandoned—Cromwell’s twelve Articles—The sovereigntyof the sea and the fishery put in the foreground—The twenty-sevenArticles proposed by the Council of State—Claim to thefishery, the salute, the right of search, the exclusive guard of theBritish seas, &c.—The strong objections of the Dutch—Cromwellacts as spokesman of the Council—Discussion on the flag and theherring fishery—The negotiations come to a standstill—The Dutchambassadors ask for their passports—Cromwell becomes LordProtector—Negotiations continued—Dutch proposals regardingthe salute—Cromwell withdraws the fishery article and thedeclaration respecting the sovereignty of the sea—The termsBritish Seas and Narrow Seas—Dutch propose to strike the flag allover the world—The ambassadors return to Holland—They comeback again—Cromwell suddenly reopens the question as to theBritish seas—Conclusion of treaty of peace—Diplomatic successof the Dutch regarding the claim to the sovereignty of the sea—Thearticle on the striking of the flag—Enforcing the salute—Complaintsof English fishermen | 414 |
| [CHAPTER XII.] | |
| CHARLES II. | |
| THE SECOND DUTCH WAR. | |
| Pretension to sovereignty of sea maintained—Efforts to revive the fisheries—Legislation—Bill against foreigners fishing on British coasts—Act of Scottish Parliament—Council of the Royal Fishery of Great Britain and Ireland appointed—The scheme receives little public support—Slovenly management of the Society’s affairs—Negotiations with Dutch regarding the sovereignty of the sea, the flag, and the fishery—Attitude of De Witt—His negotiations with France—Treaty concluded with Louis XIV. guaranteeing mutual protection to fishermen—Downing and De Witt—Treaty of London—Article on flag—Ignorance at Admiralty as to practice in striking—Second Dutch war—Causes of—De Ruyter in the Thames—Licenses for fishing offered to Dutch and refused—Grant of fishing rights to Bruges—Effect of the war on the fisheries—Dispute between Dutch and French as to salute—Peace conference at Breda—Claim to fishery withdrawn by Charles—Treaty article on flag—The term British Seas restricted to the Channel—Ambiguities regarding the practice of striking—De Witt’s proposals to Temple for a “Regulation”—The Dutch ambassadors discuss the matter with Charles—Their declaration about striking to a frigate or ketch—Practice of striking described—Denmark also proposes a “Regulation”—De Witt’s intrigues at Paris regarding the salute disclosed to Charles—Arrangement between France and England as to striking—Admiralty give close attention to the rules—Foreign disputes about the salute—General order by the States of Holland | 441 |
| [CHAPTER XIII.] | |
| CHARLES II.—continued. | |
| THE THIRD DUTCH WAR. | |
| Policy of Louis XIV.—The Triple Alliance—Secret compact of Charles and Louis against the Dutch—Parliament deceived—Pretexts for a fleet—Ill-feeling against Dutch fomented—Inquiries by Sir Leoline Jenkins as to striking and extent of British seas—The king’s yacht, Merlin, sent to pick a quarrel about the flag—The scheme miscarries—Downing’s mission to The Hague—Capture of Dutch shipping—Attack on Smyrna fleet—Declaration of war—The dominion of the seas flouted—The English to salute the French—The war and the fisheries—The Dutch sue for peace—The terms offered—Tribute for fishing asked—Meeting of Parliament—Shaftesbury on the sovereignty of the sea—The war most unpopular—Attempts to arouse public feeling as to dominion of the sea—Prynne—Smith—Roger Coke—Henry Stubbe—Charles forced to negotiate for peace—The Congress at Cologne—Prolonged discussions about the flag, the fisheries, and the sovereignty of the seas—Charles requires the salute between Cape Finisterre and the North Cape—Dutch assume a firmer attitude—Refuse to ask for liberty to fish—Offer to strike in all seas—Congress breaks up—Strong attitude of Parliament in favour of the Dutch—Separate peace made in London—Sir William Temple—The claim to the fishery dropped—Article regarding the salute—A diplomatic triumph for the Dutch—Disputes at sea about striking—The incidents of the Cleveland, the Charles, the Cambridge—English commander condemned to death for striking to the Spaniards—Masters of foreign merchantmen prosecuted in Admiralty Court for refusing to strike—Works on the sovereignty of the sea—Evelyn—Molloy—Further schemes to promote the fisheries | 474 |
| [CHAPTER XIV.] | |
| JAMES II. AND AFTER. | |
| Gradual decline of the pretension to the sovereignty of the sea—England and the United Provinces allied against France—Louis’ ordinance regarding the salute—William III. claims the sovereignty of the narrow seas—The question of striking becomes of little international importance—The Admiralty instructions concerning—Disputes about it less common—Encounter with a Swedish man-of-war—The case of the Gironde—The naval historians on the sovereignty of the sea—Articles regarding striking in later treaties—The ceremony abandoned after the battle of Trafalgar—General claims to maritime dominion give place to international arrangements—Sir Philip Meadows—His treatise against the dominion of the seas—Definite boundaries begin to be fixed for fisheries—Fishery disputes between Denmark and the United Provinces—Great Britain sides with the Dutch in opposing claims to Mare Clausum—The North American fishery treaties of the eighteenth century—The claim to the sovereignty of the seas dies out—Decay of the Dutch fisheries and rise of the British | 517 |
| [SECTION II.—THE TERRITORIAL WATERS.] | |
| [CHAPTER I.] | |
| THE HISTORICAL EVOLUTION OF THE TERRITORIAL SEA. | |
| Various limits proposed or adopted—The old English lawyers, Glanville, Bracton, Britton, “Fleta”—Early Italian jurists—Bartolus, Baldus—Limits of 100 and of 60 miles—Bodin—Gentilis—No general common usage—The mid-line or Thalweg—The “Mirror of Justice”—Plowden—Chief Justice Hales—Jurisdiction of Cinque Ports in Channel—The range of vision or “land-kenning”—Lord Stair—Sarpi’s proposal—Bays, straits, and arms of the sea—The King’s Chambers—Range of guns from shore—Proposed by Dutch in 1610—Not adopted in seventeenth century—Selden, Pontanus, Burgus, &c.—Influence of Loccenius and Puffendorf—Opinion of publicists at end seventeenth century—Usage in seventeenth century—Decisions of High Court of Admiralty regarding King’s Chambers—Gradual change of opinion and practice—Publicists in eighteenth century—The teaching of Bynkershoek—Dominion extends as far as projectiles can be thrown from the shore—Connection with salute and visit and search—Bynkershoek’s principle only slowly accepted—Opinions of Casaregi, Abreu, Wolff, Vattel, Hübner, Valin, Moser, Lampredi, Galiani, Von Martens—Three miles as equivalent to the utmost range of guns proposed by Galiani (1782), C. F. von Martens (1789), and Azuni (1795)—Summary of opinions—Usage in eighteenth century—Tendency to fix definite boundaries—Venice—Great Britain—Denmark—Sweden—Norway—Spain—Range of guns adopted by Tuscany, the Pope, Genoa, Venice, and in various international treaties—Three-mile limit first adopted by the United States of America in 1793—Exception of bays—Various limits claimed by the United States | 537 |
| [CHAPTER II.] | |
| GENERAL ADOPTION OF THE THREE-MILE LIMIT. | |
| Cannon-range and three-mile limit as its equivalent introduced into English Jurisprudence in 1800, 1801—Lord Stowell’s decisions regarding the Twee Gebroeders and the Anna in British High Court of Admiralty—Restricted to questions of neutrality—The practice of Great Britain and the United States leads to general adoption of three-mile limit—First applied to fisheries (of North America) by Great Britain—Treaty of 1818—Negotiations concerning Behring Sea—Russian claim of 100 miles—Adoption of gunshot or three miles—Judicial decisions as to extent of territorial sea—The Bristol Channel—Conception Bay—Statutes relative to territorial waters—Foreign Enlistment Act—Territorial Waters Jurisdiction Act—The Franconia case—Three-mile limit restricted to the open coast for certain purposes only—Bays excluded—The Hovering Acts—Customs’ jurisdiction—Quarantine Acts—Opinions of publicists of earlier part of nineteenth century—Rayneval, Chitty, Schmalz, Klüber, Wheaton, Kent, Manning, Heffter, Reddie, Ortolan, Hautefeuille, Pistoye and Duverdy, Massé—Summary—Most accept cannon-range—Few accept the three-mile limit | 576 |
| [CHAPTER III.] | |
| THE FISHERY CONVENTIONS. | |
| In nineteenth century the boundaries of territorial sea concerned chiefly with fisheries—Encroachment of foreign fishermen—Dutch decrees of 1824 and 1829 fixing a limit of two leagues on British coast—Disputes with French fishermen—Inquiry by select committee of House of Commons, 1833—Their recommendations—Opinion as to bays—Renewed encroachments and disputes—Convention with France, 1839—Three-mile limit and ten miles for bays adopted—Granville Bay reserved for French—Regulations regarding trawling—Disputes with Belgian and Dutch fishermen—Belgians claim special rights under Bruges Charter—Convention of 1852 with Belgium—Dispute about Fame Islands—Second Convention with France, 1867—Not ratified—Question of Irish oyster-beds beyond three-mile limit—Fishery disputes in British North America—The definition of bays and creeks—British cruisers seize American vessels—The British Government relax the rule as to Bay of Fundy—Decision of referee as to this bay—Reciprocity Treaty, 1854—Terminated by United States, 1866—Concessions by British Government—Licenses to American vessels—A six-mile limit for bays conceded—Treaty of Washington, 1871—Terminated by United States, 1885—Treaty of Washington, 1888—Precise delimitation of bays—Treaty not ratified by United States—Modus vivendi conceded and still in force—Discussion as to bays—Renewed disputes in North Sea—The Belgian “Devil”—The Higgin’s Inquiry—Conference at Hague, 1881—Views of British Government as to territorial limit—Question of dependent banks—Trawling and preservation of fish—North Sea Convention, 1882—Sweden and Norway refuse to join—Discussion of its terms—Views of British Government as to inclusion of banks—Question of the Eddystone, the Bell Rock, the Seven-Stones Rocks—Discussion as to limit under the Conventions and under the Law of Nations—Anglo-Danish Convention, 1901, respecting the Faröes and Iceland | 604 |
| [CHAPTER IV.] | |
| THE MODERN PRACTICE OF STATES AND THE OPINIONS OF RECENT PUBLICISTS. | |
| Apparent discrepancy between general practice and the opinions of publicists—No state has formally defined the extent of its territorial sea—Practice in Germany—Denmark—Two limits enforced—Russia—The White Sea—France—Belgium—Netherlands—Austria-Hungary—Italy—Greece—British Colonies—Japan—United States of America—Chile—Argentina—Uruguay—Three-mile limit generally adopted for fisheries—Exceptions in four European states—Spain and Portugal claim six miles—Repudiated by British Government—Discontent in Spain and Portugal—Norway and Sweden—Special Scandinavian limits—Fjords reserved—Vestfjord—Varangerfjord—Discussion of Norwegian limit—Rejection of three-mile boundary—Recent Norwegian laws—The three-mile limit is an Anglo-American doctrine—Opinions of modern publicists—Calvo, Bluntschli, Phillimore, Halleck, Lawrence, Bishop, Woolsey, Dana, Twiss, Fiore, Pradiere-Fodéré, Perels, Ferguson, Desjardins, Kleen, Aschehoug, de Martens, Hall, Oppenheim—The limit under the Law of Nations is the range of guns—Declarations of the International Law Association and the Institut de Droit International—Three miles insufficient—Six miles proposed for fisheries, &c—The zone or line of respect for neutrality to be declared by each state | 650 |
| [CHAPTER V.] | |
| THE INADEQUACY OF THE THREE-MILE LIMIT FOR FISHERY REGULATIONS. | |
| Three miles insufficient for the regulation of the fisheries—Seal fisheries—Behring Sea arbitration—Oyster, pearl-oyster, and coral fisheries—Regulations for “floating” fish—Relation of trawl-fishing to three-mile limit—Recent great extension of trawling—The effect on the fishing-grounds—Official inquiries—English trawlers desire an increased limit in North Sea—International conference at London, 1890—Inquiry by select committee of House of Commons—They recommend international extension of present limit for fishery purposes—Immature Fish Bill—Its object—Parliamentary inquiry, 1900—They urge international arrangement for North Sea—Bill again introduced—Inquiry by committee of House of Lords, 1904—They recommend international agreement for North Sea—The impoverishment of the fishing-grounds in the North Sea—Trawlers flock to foreign coasts—Feeling among foreign fishermen—Legislation in various countries regulating trawling beyond the three-mile limit—Norway, Spain, Portugal, Italy, Austria—Ireland—Not restricted to bays—Scotland—Fishery Acts—Firth of Clyde—Moray Firth—Act of 1895 empowering a thirteen-mile limit—Intrusion of foreign and pseudo-Norwegian trawlers into Moray Firth—Prosecutions and convictions—Case of Peters versus Olsen—Case of Mortensen versus Peters—Decision of the Scottish High Court of Justiciary—Opinions of the judges—Intervention of Norwegian Government—Release of offenders—Foreign Office decline to open negotiations with foreign Powers—Debates in Parliament—Lord Fitzmaurice on territorial limit and bays—Opinions of Lord Halsbury, Lord Herschell, Lord Salisbury, Lord Chancellor Loreburn—Declarations of Sir Edward Grey, Minister for Foreign Affairs—Views of British Government—Previous action of Great Britain in connection with extra-territorial fisheries—Recent proceedings with foreign Powers regarding the three-mile limit—The international fishery investigations—Need of an international arrangement | 693 |