No sooner were the signatures appended to the treaty than James took a step which exposed to a very severe strain his relations with the people whose emancipation from Spanish rule he had, ostensibly at least, worked hard to accomplish. Many indeed in Holland had been suspicious of the real friendliness of his attitude during the negotiations, but very few probably imagined that he was preparing, as soon as they were ended, to put to the test their sense of the value of his services and of his alliance by striking a deadly blow at the most important of their industries. On May 16, 1609, the King issued a proclamation, in which, after stating that though he had hitherto tolerated the promiscuous liberty that had been granted to foreigners to fish in the British seas, he has now determined, seeing that this liberty
'hath not only given occasion of over great Encroachments upon our Regalities, or rather questioning of our Right, but hath been a means of daily Wrongs to our own People that exercise the Trade of Fishing … to give notice to all the World that our express Pleasure is, that from the beginning of the Month of August next coming, no Person of what Nation or Quality soever, be permitted to fish upon any of our Coasts and Seas of Great Britain, Ireland and the rest of the Isles adjacent, until they have orderly demanded and obtain'd Licences from us…'
The news of the publication of this edict caused in Holland no small surprise, not unmingled with indignation. On June 12 the matter was discussed in the States of that Province, and it was resolved3 that the States-General be requested to adopt measures for the vigorous defence of the land's rights as based upon the treaties. The States-General on their part resolved4 that a full inquiry should be made into the question of treaty rights and a special embassy be sent to London, and as early as July 6, King James agreed5 to receive such a deputation, and to appoint commissioners to enter into conference with it on the subject of the privileges and immunities for freedom of commerce claimed in virtue of ancient treaties. Meanwhile the States-General promised the fishermen their protection, at the same time bidding them to be very careful not to give any cause for new complaints on the part of the King. So far indeed were the Dutch from yielding immediate submission to the demand of James, or from admitting its justice, that Sir Ralph Winwood (the resident English ambassador at the Hague), reporting to the Secretary of State, Lord Salisbury, the results of an interview he had had with Oldenbarneveldt September 16, 1609, informs him: —
'the States do write expressly to their ambassador [Noel Caron] urging him to advertise his Majesty their purpose to send to beseech him upon the necessity of this affair [i.e. liberty of fishing] in the meantime to have patience with their people trading upon his coast that without impeachment they may use their accustomed Liberty and antient Privelidges; which he [Oldenbarneveldt] said they were so far from fear that his Majesty upon due consideration will abridge, as that they hope he will be pleased to inlarge and increase into new ones.'6
For a right understanding of the importance of the fisheries question and of the reasons which led King James at this particular time to issue his proclamation, a short retrospect is necessary.
Special rights of free fishing in English waters had been granted to the Hollanders and Zeelanders, as early as 1295, by King Edward I, and afterwards renewed by several of his successors. Finally a treaty was concluded, dated February 24, 1496, known as the Magnus Intercursus, between Henry VII and Philip the Fair, Duke of Burgundy, which was destined to regulate the commercial relations between England and the Netherlands during the whole of the Tudor period, and was still in force in 1609. Article XIV of this treaty ran as follows: —
'Conventum, concordatum et conclusum est quod Piscatores utriusque Partis Partium praedictarum (cujuscunque conditionis existant) poterunt ubique Ire, Navigare per Mare, secure Piscari absque aliquo Impedimento, Licentia, seu Salvo Conductu.'
Nothing could be more explicit or complete, and it was to this clause of the Magnus Intercursus and the rights it had so long recognized that Oldenbarneveldt referred when he spoke to Winwood of the Dutch fishermen's 'accustomed Liberty and antient Privelidges.'
The rights of the Netherlanders to trade and navigate in Scottish waters, 'sine aliquo salvo conductu aut licentia generali aut speciali', were guaranteed by the Treaty of Binche, dated December 15, 1550, which had been confirmed by James himself, as King of Scotland, in 1594. But neither in this treaty of 1550, nor in an earlier treaty of 1541 to which it expressly refers, 'circa Piscationem et liberum usum Maris, ea quae per Tractatum anno 1541 … inita, conclusa ac conventa fuerint debite ac sincere observari debebunt', is there any definite statement that the free use of the sea carried with it the right to fish without payment, though undoubtedly that right seems to be implied, and was certainly exercised without let or hindrance before 1609.
The question at issue was of vital consequence to the Dutch. It may be asserted without any exaggeration that the commerce and prosperity of Holland and Zeeland had been built upon the herring fishery, and rested upon it. The discovering of the art of curing the herring by Willem Beukelsz at the close of the fourteenth century had transformed a perishable article of local consumption into a commodity for traffic and exchange. Soon the 'great fishery', as it was called, afforded, directly or indirectly, occupation and a means of livelihood to a large part of the entire population of the Province of Holland.7 Not only did many thousands of Hollanders put out to sea to follow the track of the herring shoals along the British coasts, but thousands more found employment on shore in building the busses, pinks, and other boats engaged in the lucrative industry, and in providing them with ropes, nets, and other necessaries. The profit from the fishery alone before the outbreak of the revolt was estimated by Guicciardini at 500,000 Flemish pounds. But such an estimate was far from representing the real value of what was styled by the States-General in an official document 'one of the chiefest mines of the United Netherlands'.8 Salt was required for the curing. It was brought in Dutch bottoms in its rough state from French and Spanish ports, or direct from Punta del Rey on the coast of Venezuela, and salt-refineries quickly sprang up at Enkhuysen, Hoorn, and other fishing centres. In a land which had no natural products, the cured herrings and the refined salt which were not required for home use served as articles of commerce, and freights were dispatched to the neighbouring lands but specially to the Baltic to be exchanged for corn, timber, hemp, and other 'Eastland' commodities. The enterprising Hollanders and Zeelanders, at first competed with the Hanse towns in the Baltic ports, but long before the opening of the seventeenth century had practically driven their rivals from the field, and at the time with which we are dealing it has been computed that no less than 3,000 Dutch vessels were engaged in the 'Eastland' traffic through the Sound. The corn in its turn brought by so vast a fleet far more than sufficed even for the needs of a country where no corn was grown. Some thousands of other ships laden with grain voyaged along the coast of France, the Peninsula and the Western Mediterranean, discharging their cargoes and returning with freights of wine, silk, olive oil, and other staple products of the South. The Spaniards and Portuguese were in fact largely dependent upon the Hollanders for their necessary food supplies, and these keen traders had no scruples in enriching themselves at the cost of their foes. An abundance of timber and hemp also came from the Baltic and furnished the raw material for flourishing shipbuilding and ropemaking industries. Sawmills sprang up on the banks of the Zaan, and before long Zaandam became the chief centre of the timber trade of Europe. It will thus be seen at once how many Dutch interests were involved in the full maintenance of the rights to free fishing on the British coasts guaranteed by treaty, and why it was that the States-General under pressure from the States of Holland should have determined to send a special embassy to protest strongly and firmly against the edict of King James, and should have meantime promised the fishermen their protection in