CHAPTER XI.

CHAPTER XI.
THE PARLIAMENT, THE COMMONWEALTH, AND THE PROTECTORATE—continued.
THE PEACE NEGOTIATIONS.

The importance of the questions connected with the claim to the sovereignty of the sea was revealed in the long negotiations with the Dutch which preceded the conclusion of peace. These were begun at a very early stage of the contest. From the first the war had been as distasteful to Cromwell as it was to John de Witt and the leading men in the States of Holland, and so soon as the beginning of August 1652, within three months of Tromp’s encounter with Blake, clandestine negotiations were set on foot, with the approval of Cromwell, Vane, Whitelock, and other leaders in England, with the object of bringing about peace; and though nothing came of them at the time, they were resumed early in 1653. The Speaker informed the Parliament on 22nd March that he had received a formal letter from the States of Holland desiring that the negotiations might be resumed, and on 1st April the Parliament replied favourably, offering to take up the negotiations at the point at which they had been broken off when the special ambassador, Pauw, quitted London in the previous year.748 This implied payment to the Parliament of the expense incurred in consequence of the Dutch naval preparations and of Tromp’s fight with Blake, and “security” for a close alliance,—conditions unacceptable by the ruling oligarchy at The Hague. 415

In order to find some more satisfactory basis for the negotiations, the States-General in June 1653, immediately after the two days’ battle, and when the English fleet was blockading the Dutch ports, sent four deputies to London. One of them, Hieronymus van Beverning, a trusty friend of De Witt’s and a representative of the States of Holland, came on in advance, reaching London on June 17; the others, Nieuport, van de Perre, and Jongestal, following a few days later.749 The deputies arrived at a time when Cromwell, having dissolved the Long Parliament and the old Council of State, was dictator, and the new Council was composed of his own nominees; and Cromwell, as is well known, had been against the war and was favourable to peace.750 Nevertheless, a stiff attitude was adopted towards the envoys. To their request that negotiations might be resumed on the basis of the thirty-six articles the Council turned a deaf ear, putting forward the demands for reparation and security, and refusing to proceed with the negotiations until they had received a satisfactory answer.751 Cromwell, however, sent a private message to Nieuport, on 30th June, that the Council would not insist on satisfaction and security. He suggested that Tromp should be suspended for a few months; that a binding treaty and alliance should be concluded; and that for security two or three Englishmen should sit in the States-General or Council of State in the Netherlands, and the same number of Dutchmen in the English Council. If these conditions were agreed to, little difficulty would be made about the thirty-six articles, the Dutch would be allowed to carry on their herring fishery in the British seas, and a truce probably granted.752 But by the next day Cromwell, after discussion with the Council, had changed his mind, and the debate went on about reparation and security. The deputies were told that the 416 Council did not ask for a great sum, but that the “security” meant “uniting both states together in such manner as they may become one people and Commonwealth, for the good of both,”753—a scheme apparently much the same as St John had taken with him to The Hague.

This extraordinary proposal for a union, closer even than that which existed among the seven United Provinces themselves, astonished the envoys of the many-headed Government. They pretended at first not to understand it, and went on talking of “alliance” and the Intercursus Magnus; but the Council pointedly declared that what they meant was not the mere “establishing of a league and union between two sovereign states and neighbours, but the making of two sovereign states one,” under a joint Government, all the subjects to possess equal privileges and freedom in either country “in respect of habitations, possessions, trade, ports, fishing, and all other advantages whatsoever.”754 The deputies considered such a scheme “absurd,”—nothing of the kind had ever been heard of in history; it was opposed to the constitution of the United Provinces and was impossible; and they hinted that if the proposal was pressed they would have to return home. They thought it was far better to take as a basis for the negotiations the treaty of 1496, which was a perfect, true, and sincere alliance, league, and confederation by land and sea. To this the Council replied that they had desired a coalescence of the two countries as the best security for the future of both, and especially of the United Provinces; and that the deputies offered nothing more than they did at first, by which they demanded free trade to the English colonies and the suspension of the Navigation Act; “nay,” the Council continued, “they do in effect demand to share with this state in the sovereignty of the narrow seas, and in their right of fishing,” whereas these advantages could only be obtained by such a coalescence as had been proposed.755

The negotiations had now come to such a pass that the Dutch commissioners judged it to be necessary to report verbally 417 to the States, and Nieuport and Jongestal left for home with this object on 3rd August. They did not return until the end of October; and while the official conferences with the Council were suspended in the interval, the two deputies who remained in London carried on important private negotiations with Cromwell, mostly through an intermediary. At first Cromwell descanted on the advantages to the United Provinces of the proposed coalescence, including the complete liberty they would have of fishing on the British coasts. Later he put forward the extraordinary schemes which remind one of the dreams of Napoleon—a confederation of the Protestant states of Europe for the propagation of the Gospel; the partition of the rest of the world, Asia to fall to the share of the Dutch and America to England; a war of conquest against Spain and Portugal, and then there would be complete freedom of commerce and of fishery in all seas, without molestation or disturbance.756 A less extravagant alternative offered was an alliance of the Protestant states, without the partition of the globe or the war of conquest; but this smaller scheme was not to carry with it either freedom of commerce or liberty of fishing. And now, for the first time since the negotiations began, a formal stipulation was asked that all ships of war of the Dutch Republic, on meeting “on the sea” with the ships of war of the Commonwealth, should show them the same respect and do them the same honour as had been practised in any former time.757

The two deputies in London could do nothing with these proposals until the States-General had decided about the original project of coalition, with reference to which Nieuport and Jongestal had gone to The Hague. But they expressed their own opinion on the twelve articles which had been submitted to them; and with regard to the striking of the flag, they thought the word “respect” conveyed the impression of too great a sovereignty on one side and of submission on the 418 other, but they agreed that another word might be chosen and a “good regulation” made. The objection was curious, because during the negotiations of 1673 the envoys of the States—and the same able Beverning was the chief of them—themselves proposed that the striking of the flag should be done “by way of respect”; and when that word, respect, was inserted in the treaty of 1674, it was said in England that the Dutch had scored a great diplomatic victory, since to show respect was not to acknowledge sovereignty.

When the two absent deputies returned to London they brought back with them the old instructions for a “close alliance and strict union,” nothing being said about the proposal to fuse the two nations into one. Their memorandum was submitted to the new Council of State, on which Cromwell had a working majority; the only coalition suggested was a “coalition of interests,” and a “brotherhood” of the peoples. Cromwell at once called it a mutilated coalition, and some of the Council are said to have expressed strong opinions as to the “contumelious” tactics of the Dutch. If they refused real coalition, it was our duty, they said, to make them and keep them our inferiors, so that they might never attempt this nation again; they must pay for liberty to fish on our coasts; render the usual submission at sea; give up their own wafters and pay us for convoys, since we were the proper guardians of the British sea; they must not equip many great ships, without explaining their intentions and asking leave to pass through our seas; and they must pay the costs of the war. Such were the opinions attributed to the Council by a well-informed author who wrote a little later,758 and they indicate tolerably well the demands which were subsequently made. The Council then prepared draft articles for a treaty on the lines the Dutch desired, and Cromwell informed them that since they were averse to a coalition which would have made the privileges of both countries equal, it would be necessary first of all to define clearly their respective rights, so that disputes might be avoided in future. And in the first place, he said, they must settle their right and dominion in the narrow sea and the question of the 419 fishery, remarking that if these points were adjusted the work in hand would be much facilitated.759

In putting the question of the sovereignty of the sea and the fishery in the foreground of the negotiations, Cromwell placed the envoys in a difficulty. In conformity with their traditional policy on like occasions, the States-General had expressly instructed their representatives to avoid discussion on these thorny subjects,—a circumstance no doubt well known to Cromwell. They therefore fenced with them. With regard to the “honour of the sea,” they had never desired to dispute with the Parliament of the Republic of England any honour or dignity which had been rendered to former Governments, and they declared their willingness to pay the same “honour and respect” to the English flag as had been previously shown to it. They thought it would be better to defer consideration of the fishery question until the articles of a “strict union” had been adjusted, when the whole business of commerce, fishery, and the immunities on both sides might be dealt with. But Cromwell was not to be turned from his purpose. On the following day, after a long and remarkable speech on the advantages of coalition—which the Dutch once more put aside,—he again declared that the matter of the sea and the fishery must be first of all settled; and he ended the discussion by handing to the deputies the draft articles which the Council had prepared.760 The articles were twenty-seven in number. Some of them provided for a defensive alliance and arranged details of peace. Freedom of trade was to be allowed, provided the laws in force—the Navigation Act—were observed; the rebels of the one were not to be assisted by the other, and so forth. But the Dutch were to pay a sum to be agreed upon, by way of reparation, and there were several articles dealing with the sovereignty of the sea and the fisheries.

The article761 on the fishery was framed on the model of the 420 proclamations of James and Charles relating to unlicensed fishing. It was as follows: “The people and inhabitants of the said United Provinces, of what condition or quality soever they be, shall with their busses and other vessels fitted to that purpose, have liberty from time to time, for the term of one and twenty years, next coming, to sail and fish as well for herrings, as all other sort of fish, great and small, upon any of the coasts or seas of Great Britain and Ireland and the rest of the Isles adjacent, where and in such manner as they have been formerly permitted to fish. In consideration whereof, the States-General of the United Provinces shall during that term pay into the public treasury of this Commonwealth at the City of London the sum of ... at two equal payments upon every 24 day of June and 24 day of December; the first payment to begin on the 24 day of June next.” When it is remembered that the Dutch in the reign of James, and again in the reign of Charles, were prepared to go to war with England rather than surrender their liberty of fishing, the objectionable nature of this article is apparent. No glimpse is obtained throughout the negotiations of the sum that was to be asked for the liberty of fishing, possibly because it was never definitely fixed by the Council. It is, however, stated by Stubbe, who had special sources of information, that it was the intention of the Council to demand ￡100,000, as well as payment for constant wafters or convoys,762—a statement which is credible only on the supposition that it was desired utterly to ruin the Dutch herring fishery.

Some of the other articles were equally or even more objectionable. That concerning the striking of the flag,763 though not feasible in its original form, was capable of adjustment. It provided “that the ships and vessels of the said United Provinces, as well men-of-war as others, be they single ships or in fleets, meeting at sea with any of the ships of war of the State of England, or in their service, and wearing their flag, shall strike their flag and lower their top-sail, until they be passed by, and shall likewise submit themselves to be visited, if thereto required, and perform all other respects due to the said Commonwealth of England, 421 to whom the dominion and sovereignty of the British sea belong.” By this article the whole of the Dutch fleet would be bound to strike to a single ship in the English service anywhere on the sea, and, what was a far more serious matter, to submit to be visited and searched. A stipulation of that kind was unacceptable. Tromp’s fleet had been fitted out before the war expressly to prevent the visitation and search of merchant vessels; if no conflict had occurred with Blake about the flag, it would almost certainly have happened on this other point.764 And now the States were asked to confirm in a formal treaty the right claimed by England; and above all to make it applicable to their ships of war. Another article with reference to the measures to be taken against pirates embodied the old doctrine attributed to the Plantagenets. The Commonwealth of England, it stated, had declared their resolution “to put upon these seas a convenient number of armed ships, for the defence and safeguard thereof, and to maintain and preserve all lawful navigation, trade, and commerce therein, against pirates and sea-rovers.”765 Another article which raised the strongest objections provided that the Dutch fleet passing through the British seas should be limited to a certain number, to be agreed upon in the treaty, and that if the States had occasion for a larger number to pass than that agreed to, they should first give the Commonwealth three months’ notice and obtain their consent. The article also provided that Dutch merchant vessels should be allowed freely to navigate the British seas, as if the right of permitting or forbidding navigation there belonged to England.766 422

Such conditions could only have been imposed on a nation hopelessly vanquished. They were conditions, the ambassadors declared, which would not be demanded from rebels or slaves. On the English side there was a strong feeling that since coalition had been rejected, the “security” for the future ought to be rigorous and complete. It was still firmly believed by the mass of men, and doubtless by many in the Council, that Tromp had attacked Blake in overwhelming force in order to destroy the English fleet; and that too by the implicit or express orders of the States. There was doubtless also a desire to cripple Dutch commerce and power as far as was possible. Commercial jealousy had long been simmering, and now that the English thought they had the power they were resolved to use it to their own advantage.767

The Dutch deputies were astonished and indignant at the English demands, which, as they sarcastically noted in their journal, they could scarcely reconcile with the professions of friendship and the pious words of Cromwell. Had they communicated them to the States-General all thoughts of peace would have been at an end, for it had required the most adroit diplomacy of John de Witt to induce that body to allow the negotiations to be set agoing. They therefore sent home only an imperfect official account of them, pleading that Cromwell had tied them down to the utmost secrecy,768 and then proceeded to consider the articles themselves. Those dealing with reparation, the Prince of Orange, the visitation of ships, and the fishery, they decided absolutely to reject as inadmissible, for reasons to be given later. The one which proposed to limit their naval power in the adjacent seas they resolved indignantly to refuse, and to break off the negotiations rather than to agree even to discuss it, believing that it was a matter in which all Christian princes in Europe 423 were also interested, who would condemn the English Government for their extravagant claims to special maritime rights and to the fishery. Their conclusions were embodied in a paper which was submitted to the Council of State on 22nd November. In this they said that the visiting and searching of merchant vessels and ships of war was contrary to the practice of the United Provinces, was subject to innumerable disorders and disputes, and was injurious in point of sovereignty, since it was not reciprocal. As to the fishery, they declared that they had been in immemorial possession of complete liberty of fishing. They denounced the article concerning the limitation of the number of their ships of war, which they said they could hardly persuade themselves had been put forward seriously, since it struck at the root of their existence as an independent sovereign state, and they declined to discuss it.769

Cromwell throughout the whole negotiations, until he became Lord Protector, acted as spokesman for the Council at the conferences; and he now stated that the visitation of Dutch ships was an undoubted right of sovereignty possessed by the English Commonwealth. The limitation of their ships of war passing through the British seas was also a consequence of the same right of dominion; and the English had now more than ever reason to maintain it, both on account of their ancient prerogative and the recent injuries committed by the Dutch. The right to the fishery was of the same nature. No other nation in Europe had attempted to carry it on without the consent of England; the Dutch were the only people, he said, who sought a separate interest in it—a statement which was quite inaccurate. But the deputies took their stand on the obnoxious article which proposed to clip their naval power and interfere with their liberty of navigation, and threatened to return home unless it was withdrawn. After standing firm for a time Cromwell withdrew the article, asserting at the same time that England had jurisdiction on both sides of the sea, and that it was perilous to allow a fleet of sixty or eighty men-of-war to come into our rivers or ports without our knowledge or consent,—a reference, no doubt, to Tromp’s action before the war. 424

This concession facilitated the negotiations. Frequent conferences were held in the following week, Cromwell and his Council strongly asserting the right of the Commonwealth to the fisheries and the dominion of the sea. At this period there were four subjects chiefly in dispute—the arrangements relating to the striking of the flag, the visitation of ships of war, the preliminary part of the sixteenth article as to the guarding of the seas, and the fishery. On none of these was Cromwell inclined as yet to give way. The deputies repeated their offer as to the flag, and requested that a joint commission of old and experienced naval officers should be appointed to draw up regulations for the guidance of both sides in future. To this Cromwell replied that such a commission was unnecessary, their rights and the custom being well understood and clearly expressed in the article. There was, however, uncertainty as to the places where the right could be claimed, and the Dutch deputies said they wished to make it clear in what seas and on what coasts the flag ought to be struck, urging that it was better to be guided by a regulation than to compel it by force. But Cromwell was inflexible. To yield would be to admit that the claim was doubtful in point of right or mode, and it would stultify their whole action; he may also have thought it would open a door for some form of reciprocity. The article was therefore postponed, as was also the sixteenth article, the deputies insisting on the deletion of the introductory sentence as to a fleet to be put forth to guard the sea, which Cromwell refused to do.770

The keenest dispute at this time was about the herring fishery. There were two principles in the article, Cromwell said, which required attention: first, the recognition of England’s right to the fishery; secondly, compensation for allowing the use of it. Unable to avoid the discussion, the envoys pleaded their immemorial possession and their treaties, and said that their liberty of fishing had never been disputed; besides, they asked, was it a friendly thing to make a proposal of the kind when they were about to conclude a strict and close alliance between the two countries? Cromwell, who had obviously been well posted up in the arguments in Mare 425 Clausum, then entered upon a lengthy disquisition on the subject. He said the English could prove by authentic documents that they had had possession of the fishery from all time, and that other nations sought their permission to fish; that the clause in the treaty of 1496 (the Intercursus Magnus) upon which the Dutch relied, was omitted in later treaties; and that the treaties had expired owing to the subsequent wars between Queen Elizabeth and Spain, and had never been since renewed; they were not the same people with whom the treaties had been made, since they were now alienated from the House of Burgundy. And they could not establish their right by prescription, for by the civil law it required a hundred years for a just prescription, and the States had not existed so long as an independent nation. Moreover, long before the treaty of 1496, licenses for fishing had been sought and granted. Even King Philip II. in Queen Mary’s time had asked permission to fish for twenty-one years, and had paid ￡1000 a-year for the privilege. King James, too, had issued a proclamation in 1610 (sic) forbidding unlicensed fishing, while King Charles had demanded and received through the Earl of Northumberland an acknowledgment from their herring-busses.

To this long argument the deputies replied with arguments as long. With respect to the treaties, they said that the treaty of 1496 was not between prince and prince, but between states and towns, as specified in it; and that the article which provided for mutual liberty of fishing had been confirmed in later treaties, notably in the treaty of Binche, in 1541, between the Emperor Charles and the King of Scotland; in that of 1550 with Queen Mary of Scotland; and in that between the United Provinces and King James of Scotland in 1594.771 Moreover, in the treaty between England and Spain in 1630, there were certain words which confirmed the ancient treaties of intercourse and commerce.772 They expressed the opinion that Cromwell had not been well informed in saying that licenses for fishing had been granted before the Intercursus Magnus was concluded, because it was doubtful if the invention of the 426 salting and casking of herrings was much before that date.773 As to the alleged lease of the fishings by King Philip, there was nothing to compel him to take such a lease, and they saw no reason why he should have done so; while the proclamation of James, so far from being an argument against them, was entirely in their favour, because, as they could prove from papers in their hands, it was never put into execution, but was suspended on the representations of the States. The action of the Earl of Northumberland they described as simple extortion, since he had compelled a few defenceless fishermen, without the knowledge of the States, to pay him some money. The deputies concluded their arguments by saying they had no further instructions on the matter, and that if the Council pressed the article, they would require to return and report to their Government: there was, they said, a high and mighty Lord in heaven who knew the hearts and rights of all, and He would judge. Cromwell assured them that the article had not been inserted in the draft treaty with the object of breaking off the negotiations, but only that they might maintain their just rights. Why, he asked, should the States object to acknowledge the right of the Commonwealth to the fisheries, when other Powers like France and Sweden, who had as much claim to liberty as they, had not scrupled to acknowledge it?774

As Cromwell was immovable, and the deputies equally obdurate, the negotiations came to a stop, and the latter on 5th December formally requested their passports to return to The Hague. In the interval they asked the French ambassador if France had requested permission from England to fish in the sea, as Cromwell averred. He told them nothing had been said to him on the matter since he came to England, but that his papers showed that the Duke of Guise had formerly asked that certain fishermen of Treport should not be molested in their fishing.775 They also learned that the Swedish ambassador had sought to obtain from England free commerce in general, 427 free fishery, and freedom of trading to the Barbadoes. It was indeed the case that Sweden had made such proposals. In the negotiations for a treaty with the Commonwealth, the queen expressed her desire to obtain liberty for her subjects to fish for herrings in the British seas,776 and in the preceding August the Council of State, at the request of her ambassador, had actually issued a license to four Swedish vessels to fish in the narrow seas and upon the British coasts.777 In a treaty concluded in 1656 between the King of Sweden and the Lord Protector, the privilege, it may be said, was carried much further. The treaty provided that Swedish subjects should be free to fish for herrings and other fish in the seas and on the coasts under the dominion of the Republic, provided the number of ships so employed did not exceed a thousand; and no charges (such as the assize-herring) were to be demanded of the Swedish fishermen, who were to be treated courteously and amicably, allowed to dry their nets on the shore, and to purchase necessaries at a fair price.778

It may be noted as remarkable that, throughout the long discussions with Cromwell about the fishery, the Dutch deputies never made use of the argument, so frequently employed by their predecessors at the Court of James, that the English claims were opposed to the law of nations. They probably shrank from using an argument of that kind to the great dictator who had ruthlessly trampled on the laws of England; perhaps they were deterred by the abrupt intimation made earlier, that the Council had not come to listen to scholastic subtleties, but to consider the real legal rights of England. The obstinacy of Cromwell in refusing at this stage to modify the fishery article is also noteworthy. No doubt he was 428 moved by a sincere desire to benefit England. The belief was still prevalent that the herring fishery which the Dutch carried on along the British coasts was the foundation of their commerce, wealth, and naval power. It, moreover, provided them with a great “seminary of seamen” to recruit their fleets—a consideration which must have had a special force at a time when we had only the ships in the coal trade between Newcastle and London to draw upon for ours, and when the most rigorous system of pressing failed to provide sufficient men for the navy.779 But Cromwell had other reasons for insisting on the English claims, even to the point of rupture of the negotiations. It was by this time obvious that the Barebones or nominated Parliament had only a short life before it, and it was desirable that its dissolution should be free from violence and as far as possible voluntary. The majority of the members were strongly opposed to the Dutch, and to the conclusion of peace except on humiliating terms to the enemy; and it is probable that Cromwell’s insistence was partly due to his desire to conciliate them. He was now about to put on the mantle of the Lord Protector of the Commonwealth of England.

When the Dutch envoys wrote to the Council for their passports, they received no answer. On repeating their request two days later, they got a hint of what was impending,—that the Parliament which was against them would soon be dissolved, and the management of affairs placed in the hands of a council of ten or twelve.780 Then on the 9th December they were asked by Viscount Lisle, in the name of the Council, to delay their departure, as commissioners would soon be appointed to treat with them and conclude the treaty. Cromwell took the oath as Lord Protector on the 16th; the new Council of State met on the 19th; and the conferences on the treaty were resumed four days later.781 429

Cromwell did not now attend the conferences, the negotiations being entrusted to four members of the Council—Viscount Lisle, Sir Charles Wolseley, Sir Anthony Ashley Cooper, and Walter Strickland, who had accompanied St John to The Hague in 1651. The discussions on the questions affecting the claim to the sovereignty of the sea were continued: the striking of the flag, the visitation of ships, and the declaration that the dominion of the sea belonged to England. The former arguments on both sides were repeated, and the Dutch proposed the following article with reference to the flag: “That the ships and vessels of the United Provinces, as well men-of-war as others, meeting with any of the ships of war of the State of England shall honour and dignify them with the striking of the flag and lowering the top-sail, in such a manner as ever under any form of government in times past they have been honoured and dignified; and to prevent all quarrels for the future the particulars thereof shall be regulated by the advice of the generals and commanders.”782 The English commissioners reiterated the objections previously made, but now stated that they had been referring only to the narrow seas;783 and it was agreed to refer the points in dispute to the Lord Protector.

Another difficulty arose on the third article, which fixed the dates on which the peace should take effect on the sea, after which dates the capture of prizes would be illegal. The part was as follows: “Excepting such depredations as shall be committed in the British Seas (Maria Britannica) after the space of twelve days, and betwixt the British Seas and the Line after the space of ten weeks,” &c. At the first, the phrase “British Seas” had caught the eye of the envoys; but, thinking it was merely an ordinary appellation such as might appear on a chart, and that no deep design lurked beneath it, they decided that it would not be desirable to raise “the business of the sea” on such a point.784 They now took exception to these words, and suggested that it would be better to begin, “in the narrow sea, which was called the British Sea” after twelve days, from there to Cape St Vincent 430 after six weeks, &c. This matter also was referred to the Protector.

Cromwell, who was now settled in his new dignity, gave close attention to the peace negotiations. On 26th December the deputies were handed a paper in his name, in which he gave up the demand for a money payment in reparation for the war; agreed to the stipulation about the exclusion of the Prince of Orange—which was the corner-stone of the treaty—being put in a secret article; agreed to some new articles which the Dutch had proposed, after slight modifications; and at the same time introduced a new element of trouble and debate by formulating three additional articles requiring justice to be done for the “murder” of the English at Amboyna in 1623, and concerning the settlement of disputes and wrongs committed in the East Indies, Brazil, and Greenland. Important concessions were at the same time made on the maritime question. The article respecting the fishery was dropped. “Concerning the fishing,” wrote the Protector, “the Lords Deputies having by their former papers desired that freedom of fishing in these seas might be declared in this treaty, the 17 article was thereupon propounded, whereby license is granted to the people of the United Provinces to fish freely in these seas upon the terms therein expressed, notwithstanding as in their Lordships’ power either to accept or refuse, but it cannot be admitted that anything should be inserted in this treaty that may prejudice the right of this state in their fishery.”785 The Dutch thus again scored a diplomatic victory and preserved their liberty of fishing on the British coasts, just as they had done in the reigns of James and Charles. They did not succeed in getting the clause in the Intercursus Magnus inserted or confirmed, as they desired, but it still remained in force. Later writers accused Cromwell of having surrendered the rights to the fishery, and much else, as a quid pro quo for the stipulation regarding the exclusion of the Orange family in the Netherlands, which was his main object;786 but 431 there is no doubt at all that the States-General would never have agreed to the English proposal.

Concessions were also made as to the striking of the flag. “The 15 article,” said Cromwell, “to be as following: that the ships and vessels of the United Provinces, as well men-of-war as others, meeting at sea with any of the ships of war of the State of England, shall strike their flag and lower their top-sail, and perform the other respects due to this State until they be passed by”; but the request that a naval commission should draw up a “regulation” on the subject was not acceded to. On the other hand, the clauses which stipulated for a right of visitation of Dutch ships at sea, and the declaration that the dominion and sovereignty of the sea belonged to England, were entirely withdrawn; but the Protector would not yet part with the clause which provided for an English fleet to guard the seas and protect commerce. Surely, he said in effect, since the article limiting the number of warships has been withdrawn, you will not contest our dominion of the sea in this?—and at this stage it was retained, with the remark, “this article is insisted on.” One of the new clauses provided that not more than eight men-of-war at a time were to enter any port of the other Power, unless constrained by force of tempest, without having obtained consent to do so; and when compelled to enter by danger of the sea, they were immediately to signify to the chief magistrate the cause of their coming, and to leave when he required them to depart.787

On the subject of striking the flag, the deputies were not yet satisfied. They still continued to urge that a “regulation” should be prepared; and they now raised a new point. Cromwell had always used the words “at sea,” which might mean any sea or any part of the sea. They now desired that the ceremony should be restricted to the narrow seas, “which,” they said, “are called the British seas.”788 To this proposal Cromwell assented in so far that the words “in the British seas” were inserted later. It is curious to notice how the 432 meaning of the term “British Sea” thus became confused even within the compass of a single treaty. In reference to this article, the Protector made the important admission that the narrow seas and the British seas were synonymous.789 In the third article, as we have seen, the same term was used, and it was natural for the Dutch to suppose that it there had the same significance and meant the narrow seas or Channel. Since the clause dealt with a matter of great practical importance, namely, the restitution of vessels that might be captured after a specified date, and the term “British seas” appeared to be restricted to the Channel, they wished specifically to include in it the North Sea and the East Sea (or Baltic), both regions of great traffic. The envoys were accordingly instructed later by the States-General to have these words added, so that the clause would read, “excepting such depredations as shall be committed in the British Sea, the East Sea, and the North Sea.”790 By this addition, moreover, the objectionable phrase “the British seas” would be formally restricted to the narrow seas or Channel, with the consent of England. The proposed change was instantly rejected. When Beverning brought it forward, Thurloe resisted it with great warmth,791 and the qualifying words confining the term British seas to the narrow seas, which the Dutch had inserted, were also deleted.792 When it was verbally agreed that the striking of the flag should be restricted to the narrow sea,793 the deputies made a new proposal. It was to the effect that Dutch ships, without any distinction, not only in the narrow seas but throughout the whole world, on meeting English men-of-war should give them the first salute by striking the flag and top-sails and firing guns, provided that the English ships immediately returned 433 the salute in precisely the same manner. This, doubtless, was the proposition which lurked behind the reiterated suggestion for a “regulation”; but the English commissioners would not agree to any form of reciprocity. The Dutch again raised objections to the part of the sixteenth clause concerning pirates, on the ground that it contained an implication of the claim to the dominion of the seas, which they had constantly opposed, and they cited the treaties with Elizabeth in 1585, and with Charles in 1625, as having assigned to them the protection of the sea off the Flemish coast and neighbouring coasts. They declared they would prefer it to be dropped altogether unless it was amended or made reciprocal.794

The differences as to the sovereignty of the sea or the phraseology of the maritime articles were now, however, of little actual importance. The progress of the negotiations, secret and otherwise, had narrowed the real ground of contention to two crucial points—the exclusion of the Prince of Orange from office, and the inclusion of Denmark in the treaty. The former had been secretly agreed upon by Cromwell and Beverning, the latter acting in conjunction with De Witt;795 but the Protector was obdurate as to the inclusion of Denmark, and the deputies decided to return home to report the state of the negotiations. They left London on 3rd (13th) January, and though a message from Cromwell overtook them at Gravesend conceding the point in dispute as to Denmark, they thought it better to continue their homeward journey. The treaty, so far as it had been officially arranged and made known, was received with approbation in Holland, the vital stipulation respecting the exclusion of the Prince of Orange being concealed. Beverning came back to London on 25th January, but was refused audience by the Protector until he had obtained proper credentials recognising the new Government. He was joined by Nieuport and Jongestal a month later, but it was not till 15th March that the conferences were resumed.796

By this time the Protector had in substance conceded almost everything concerning the dominion of the seas that the 434 Dutch had asked for, and the ambassadors—they had returned with the title of extraordinary ambassadors—were anxious to avoid any more discussion about it. For this reason Beverning disapproved of the resolution of the States-General, above referred to, for the amendment of the third article by specifying the North Sea and Baltic, and after his first interview with Cromwell he wrote to them expressing his opinion that it would occasion new disputes about the fisheries and the sovereignty of the sea. We have seen how it was received by Thurloe; and from what followed it would appear that Cromwell had either heard of the rumours going about that he had sacrificed the rights of England to the sovereignty of the seas in order to gain the exclusion of the Orange family, or that he was determined to keep the matter open until the secret arrangement for that exclusion had been officially accepted in the United Provinces—a task in which De Witt was struggling against enormous difficulties. At all events, after the treaty had been signed by the negotiators and ratified by the States-General, and when Cromwell was on the point of ratifying it, he suddenly reopened the question as to the extent of the British seas. Thurloe began by asking the ambassadors what was meant by the distinction drawn in the third article between the British seas and Cape St Vincent. Such a distinction seemed to prejudice the limits of the British seas, and might besides give rise to disputes later as to the seizure of vessels. He then treated the ambassadors to a discourse on the extent of the British seas, the particulars of which are, unfortunately, not recorded. They were, however, told that they extended to and along the coast of France, “Xaintonge” (Saintonge, an old French province) and round about there. It had not been thought, he said, to limit or define any seas in stating the districts, and he asked them for a declaration on the subject. They suspected that the design was to extract from them an explicit statement as to the southward limit of the British seas, and they said they had now no power either to alter the article or even to interpret it. The treaty had been signed on both sides and ratified by the States-General, and their instructions and commission were at an end. The proposal to alter it, they now alleged, came from themselves alone, without instructions from the 435 States-General, and they had willingly and immediately withdrawn it when objection was made. Cromwell then asked if it had ever been their intention to define in any way the limits of the seas by that article. They replied that they believed not, and added that they had never thought of yielding anything with regard to right or jurisdiction or limits of the seas; and they failed to see what prejudice his Highness could suffer from the extension of the article, unless it was to be maintained that the whole of the French and Portuguese coasts to Cape St Vincent were within the narrow seas, as they had defined in the fourteenth article, which was withdrawn.797 Cromwell then angrily told them that he would not exchange the ratification of the treaty unless he got the explanation and interpretation requested.798 It was only, the ambassadors reported home, by their earnest insistence to the Protector that the articles had been signed with perfect knowledge on both sides of their contents, that he passed from the point. Whatever the object may have been in thus raising a discussion at the last moment as to the extent of the British seas, there is little doubt that the circumstance would prove useful to De Witt in his difficult and manifold man?uvres to get the Act of exclusion of the House of Orange adopted.

The treaty of peace, which had been signed by the plenipotentiaries on 5th April, was ratified by the Protector on 19th April, and proclaimed with due solemnity on the 26th May. It was received with rejoicing both in this country and the Netherlands.799 436

Comparison of the treaty as completed800 with the original draft shows how thoroughly the Dutch plenipotentiaries had eviscerated the parts dealing with the sovereignty of the sea, and stripped it of almost all the phraseology which might imply such sovereignty. The articles imposing tribute for the liberty of fishing; stipulating for the visitation and search of vessels; restricting the number of their men-of-war in the British seas; the Plantagenet claim for the guarding of the sea; the declaration that the dominion of the British seas belonged to England,—all had been wiped out. Cromwell indeed succeeded in retaining the term “British seas” in its original ambiguity; but both he and his commissioners admitted (verbally) that it meant, in reference to the salute, only the narrow sea—a statement which was in contradiction to the instructions issued to the naval officers, and to the practice both before and afterwards. The clause providing for the striking of the flag was saved, but only in a mutilated form. It ran as follows: “That the ships and vessels of the said United Provinces, as well those of war as others which shall meet any of the men-of-war of this Commonwealth in the British Seas, shall strike their flag and lower the top-sail, in such manner as the same has ever been observed at any time heretofore under any other form of government.”801

This, as the States-General took care to point out to their fellow-countrymen, was no more than they had voluntarily agreed to do, and had instructed Tromp to perform, previous to the declaration of war. It was, however, the first time the custom had been recognised in a treaty.

After the conclusion of peace, the English naval commanders took pleasure in vigorously enforcing their right to the “honour of the flag,” and, as above stated, notwithstanding the verbal limitation made by Cromwell and Thurloe, they did not confine the demand to the narrow sea. Within a few weeks of the proclamation of the treaty, and before its details were known 437 to the fleet, Vice-Admiral Lawson encountered the “bellicose” De With off the north coast of Scotland. The Dutch admiral with three men-of-war was convoying seventy sail bound for Greenland, and he at once struck his flag and fired a salute, which the English returned. He also “submitted to a search,” though stating that it was not customary for men-of-war to do so. “De With,” wrote Lawson, “begins to know his duty, being very submissive, acknowledging the sovereignty of England in the seas, and yielding as much as could have been required of any merchant ships.”802

In the south the Dutch were not always so compliant, and disputes with the English officers sometimes arose as to whether the place where the striking of the flag was demanded was or was not within the British seas. Thus, Captain Cockraine, in the Old Warwick, met a fleet of Holland merchantmen under convoy of a man-of-war between the Lizard and Ushant. The merchant vessels struck their top-sails, but the man-of-war refused to strike, on the ground that he was not in the British but in the Spanish seas. Cockraine refrained from firing, as the ship was surrounded by others and there was “much wind.” Instead, he wrote to the Admiralty. “I want to know,” he said, “how far is intended by the British Seas, and how far our power reaches, so that we may make no unnecessary broils.” There is nothing to show what answer he got; but a week later he encountered twenty-six Dutch merchant vessels bound for the Mediterranean, who refused to strike, and he had to fire thirty guns among them before they submitted.803 About the same time, a States’ man-of-war convoying a fleet of Hollander merchantmen met Captain Heaton, in the Sapphire, and did not strike until a shot was fired. Heaton sent a message to the commander saying that he had not fulfilled the articles of peace, and that the keeping of his flag and top-sail aloft when within shot of one of the ships of the State of England was a great abuse, and a gross affront by the States of Holland to the Commonwealth. To which the Dutch captain replied that if he had shot back at the Sapphire he would have been quite justified, as, 438 being on his own coast, he was not bound to strike, and had done so not out of duty, but from “brotherly love,” and he then re-hoisted his top-sails and flag. Heaton deliberated whether or not he should fight the Dutchman for doing this, but refrained. He, too, wrote to the Admiralty asking how he should act in similar cases in future.804

The authorities at the Admiralty were always sparing in advice on such matters. They showed the same reticence as the Government in defining the extent of the British seas, and for the same reason—that they did not know themselves. This reluctance was shown, and a partial glimpse afforded, in a letter to General Montague (afterwards Earl of Sandwich) which Richard, Cromwell’s son, wrote during his brief tenure of the Protectorate. Telling him to demand “the flag” of such foreign ships of war as he might encounter in the British seas, he remarked that there had been “some doubt” as to how far the British seas extend. Not unnaturally, “Tumble-down Dick” shrank from plunging into a matter which had puzzled the great Oliver and every one else. “Not being willing,” he said, “to determine that in our instructions, we rather put in general terms the ‘British Seas’ only. We judge there is no question of all the sea on this side the Shagenriffe;805 on the other side [the Baltic] you have need be tender, and to avoid all disputes of this nature, if it be possible, because war and peace depend on it.”806

Disputes about the flag were not the only differences that arose on the sea. At the end of September 1654 complaints came from Yarmouth that the English fishermen were being molested by the Dutch in the herring fishery there. They had come, it was alleged, with a multitude of busses, “far above a thousand sail,” and, contrary to the custom before the war, “and against the laws of this nation,” shot their nets so close to the sands that the English were crowded 439 out and hindered in their usual fishing. The Dutch busses occupied a space of more than forty miles adjacent to the coast, and the English fishermen were afraid to use their nets lest they lost them. When they remonstrated with the foreigners for coming so near the shore, they were vilified, and muskets and “great guns” were shot at them.807 By the direction of Cromwell and the Council, the complaints were transmitted to the ambassadors, who were still in London, and they requested the States-General and the commanders of the ships guarding the busses to make every effort to avoid giving cause for complaint. In the inquiry which followed, the Dutch fishermen denied the charges against them, and in turn accused some of the Englishmen of shooting at them, cutting their ropes, and calling them dogs, rogues, and devils. They stated that they had carried on the fishing in the old accustomed way, the English usually fishing peacefully along with them.808

Under the Commonwealth and Protectorate very little was heard of schemes for establishing fishery societies, such as appeared and disappeared so frequently in the preceding reigns and afterwards. That the Puritan spirit was not antagonistic to projects of the kind was shown by proposals made in 1649. One of these contemplated the employment of Dutchmen to establish “a fishing trade” in England. It was referred by the Council of State to Sir Henry Vane and Alderman Wilson, with what result does not appear. Another, briefly described, was to set up a fishing trade for the English nation;809 and about this time the attention of some writers on commercial matters was directed to the same end. The only thing apparently effected was the gift to the Corporation of the Poor in London of some of the Dutch busses captured in the war, to be used in fishing on the English coast. During this period of our history the Government 440 had other things to think about than the launching of fishery schemes. Cromwell, however, at the conclusion of the war, renewed the licenses to the fishermen of Dieppe and Calais to fish in the seas between England and France, at the usual times and places.