advantageous treaty with Spain[1] in A.D. 1351, consisting mainly of an offensive and defensive alliance, so that neither nation were to afford any assistance to their enemies, nor injure each other, the merchants and seamen of both countries having, at the same time, full liberty to proceed by land or sea wherever they pleased with their merchandise. Spanish property found in any vessel taken by the English was to be restored to the owners, and English property similarly situated to be respected by Spanish captors; moreover, Spanish fishermen were permitted to fish on the coasts of England and Brittany, and were allowed to enter any English ports on the payment of the same duties and customs to which English vessels were subjected. A nearly similar treaty was concluded with Portugal in the name of the merchants, mariners, and communities of Lisbon and Oporto, in which, however, curiously enough, no mention is made of the king of Portugal.[2]
Early claim of the right of search. With the Flemings, treaties were made of a more restrictive character; thus, they were not to carry goods belonging to either the French or Spaniards; nor were the ship-owners of these countries allowed to become burgesses, so as to sail with Flemish papers. The papers of the Flemish ships were required to state the contents of their cargoes and their port of discharge, and to be attested by the magistrates of the port of departure, and also by the Count of Flanders. These treaties[3] contain the first suggestion of the simulation of a ship's papers, so
