Mare Liberum Versus the Propriety of the Seas? The Debate between Hugo Grotius (1583–1645) and William Welwood (1552–1624) and its Impact on Anglo-Scotto-Dutch Fishery Disputes in the Second Decade of the Seventeenth Century

Abstract

This article examines the debate over freedom of fi shing conducted by the Dutch jurist Hugo Grotius and William Welwood, Professor of Law in the University of St Andrews. It focuses on the historical context of their exchange and argues that it had important repercussions for the Anglo-Dutch negotiations in London in the winter of 1618–1619. The positions of Grotius and Welwood were adopted by the envoys of the Dutch Estates General and the Privy Councillors of James VI and I, respectively. The negotiators’ arguments represented two sides of the same mercantilist coin: they embraced or rejected Grotius’ notion of the freedom of the seas depending on whether they believed it would strengthen or weaken their country’s ability to wage a naval war. In their view, the North Sea fi sheries were not just an actual or potential source of tax revenues (money being the sinews of war), but could also be used to create a strategic reserve of ships and sailors. The