The step taken by King James had, however, from the English point of view much to recommend it. The English people saw the growing maritime strength and rapidly increasing commercial prosperity of the Dutch with jealous eyes. Their practical monopoly of the British fisheries was deeply resented. Pamphlets were written lamenting the decadence of English shipping and trade.9 It was felt that the ancient claim of England to the sovereignty and dominion of the narrow seas was being challenged, and that its maintenance depended upon the numbers and the experience of the sea-faring population, for whom the fisheries were the best and most practical school. A petition is extant from the fishermen of the Cinque Ports to the King, showing that the Netherlanders drive them from their fishing, and sell fresh fish contrary to the laws, and beseeching His Majesty to impose on them a tax of fifteen shillings upon every last of fish, the same as they imposed on the English.10 James was far from indisposed to listen to their complaints. Early in his reign, in 1604, an attempt had been made to enforce the eating of fish in England on fast-days, and the motive of it was plainly stated. It had little to do with religious observances. It was 'for the better increase of Seamen, to be readie at all times to serve in the Kings Majesties Navie, of which the fishermen of England have euer been the chiefest Seminarie and Nurserie.'11 The suggestion that licences should be required for which a tax or toll should be paid naturally presented itself to the King, at this time in sore straits for money and at his wit's end how to obtain it, as a welcome expedient. It also afforded a means by which the sovereignty and jurisdiction of the British King in the British seas could be asserted and his regalities safeguarded.12 The large revenue derived by Christian IV of Denmark from the tolls in the Sound had no doubt often made the impecunious James envious of his brother-in-law, whose right to levy such an import in Danish waters differed in no way from the right, which as King of Great Britain and Ireland he was now asserting, to demand a licence from all foreigners who desired to fish on the British coasts. His decision to issue the proclamation was confirmed by the appearance in March, 1609, of the famous treatise of Hugo Grotius, entitled Mare Liberum. The argument in this work seemed to be directed against the principle of a dominium maris such as the English Kings had claimed for centuries in the 'narrow seas', and its publication at this time aroused the resentment of James, always tenaciously jealous of any infringement of his sovereign prerogatives. As a matter of fact, as has been shown by the late Professor Robert Fruin13, the Mare Liberum was originally a chapter of a larger unpublished work of Grotius, written to prove that the Portuguese had no exclusive rights in the Indian Ocean but that the Eastern seas and all others were open to the traders of every nation. The most burning question in the negotiations for the twelve years' truce, then just drawing to a close, had been that of the liberty to trade in the Indies, demanded with insistence by the Dutch, refused up to the very last peremptorily by the Spanish King, and conceded by him finally not directly but by a kind of subterfuge. The Mare Liberum of Grotius saw the light at a time when it was hoped that his learned arguments might tend to allay the acuteness of the dispute by showing the reasonableness and legality of the position taken up by the Dutch. It is clear now that these arguments, though their application was general, had their special reference to Portuguese and not to British pretensions. Curiously enough, as will be seen later, it was in the long succession of Anglo-Dutch negotiations over the fisheries in the seas over which the Crown of England claimed paramount sovereignty and jurisdiction that the thesis put forward by the author of the Mare Liberum was destined to be the source of embittered controversy. The acute mind of King James was quick in grasping its importance.
Delayed by various causes, it was not till April 16, 1610, that the embassy from the States set sail from Brill for England. The object of the mission was ostensibly a complimentary one – to thank the King for the active part he had taken, as a mediator, in bringing the truce negotiations to a favourable issue. The two matters which called for serious discussion were: (1) the critical situation which had arisen in the Jülich-Cleves Duchies owing to a disputed succession; (2) the proclamation about the fisheries. The importance of the last question was revealed by the fact that all the five envoys originally selected were representatives of the two maritime provinces. One of the five died at Brill just before starting. The four who actually sailed (April 16) were: Johan Berck, pensionary of Dort; Albert de Veer, pensionary of Amsterdam; Elias van Oldenbarneveldt, pensionary of Rotterdam; and a Zeelander, Albert Joachimi, who was later to show himself a skilful diplomatist during the twenty-five years that he was resident Dutch ambassador in London. Elias van Oldenbarneveldt was the brother of the Advocate of Holland. According to a letter from Sir Ralph Winwood14 to Lord Salisbury he had special charge of the fishery question, a proof of the peculiar interest felt by the Advocate in the issue raised. With them was joined the resident ambassador, Noel Caron. Their instructions required them to seek from His Majesty an explanation of his intentions in the proclamation, 'since their High Mightinesses the States-General could not believe that he meant to include the inhabitants of the United Netherlands among those who were bidden to pay for a licence to fish, since this was contrary to the ancient treaties subsisting between them and the Crowns of England and Scotland. After audiences with the King (April 27) and with the Privy Council (May 8), it was arranged that a Conference on the fisheries question should be held, with a Committee of the Council, two of whose members were Sir Julius Caesar, Chancellor of the Exchequer, and Sir Thomas Parry, Chancellor of the Duchy of Lancaster. The Conference opened on May 16, and the points in dispute were argued at length. The Dutch case was presented in a memorandum drawn up with much skill, probably by the hand of Hugo Grotius himself. The freedom of fishing was claimed on two grounds: (1) that of the privileges granted by ancient treaties still in force; (2) that of abstract right, because the sea, like the air, is for the common use of all and cannot be private property. The weak point of the case lay in the fact that these two grounds, that of treaty right and that of the Mare Liberum, seemed to be in a certain sense contradictory. The English, however, would not admit that the question of the immemorial claim of the Kings of England to sovereignty and jurisdiction in the seas adjoining the British coasts was open to discussion, and seizing upon the argument placed in their hands by the Dutch memorandum itself, pleaded with great force that the granting of privileges implied the power to take them away or modify them, should the King deem such a step necessary to protect the interests of his own subjects. The Conference therefore effected nothing more than the bringing out in relief of the differences of view of the two parties. But reflection brought wisdom. There was no wish on either side to press matters to extremities. Already on May 10 the States-General, unwilling to run the risk of making James an enemy, at a time when they were very anxious to secure his help in the settlement of the Jülich-Cleves succession question15, had sent instructions to their ambassadors not to make difficulties or unpleasantness about the fisheries, but rather to propose that the execution of the proclamation should be postponed for two years, in order that the question might be thoroughly investigated. There were several claimants to the Jülich-Cleves inheritance, Protestant and Catholic, and it was of vital importance to the States, and also to a lesser extent to all Protestant princes in Germany and to James, that this frontier territory on the Rhine should not fall under the rule of a Catholic sovereign. But the Archduke Leopold had seized the fortress of Jülich, and Henry IV of France, jealous of the power of the House of Habsburg in Europe, had put himself at the head of a coalition to secure the succession to the Elector of Brandenburg, and William, Count Palatine of Neuburg, as joint possessors. There was a general desire to avoid hostilities, but Henry IV had pushed forward his preparations for a great campaign, and war seemed inevitable. At this moment the assassination of the French king at the very time the Conference was being held in London changed the whole aspect of affairs. The new French Government was favourably disposed to Spain. The Dutch therefore were left face to face with the task of expelling the Archduke from Jülich, and they felt that all other matters were for the moment of secondary importance to that of having the friendly co-operation of James in case of the outbreak of war. Their attitude to the fisheries question was therefore considerably modified. It became much more conciliatory, and for precisely