Fisheries Privilege (1666) is a charter issued by King Charles II of England granting rights to 50 fishermen from Bruges to fish in British coastal waters in perpetuity. It was intended as a demonstration of gratitude for the hospitality Charles received during his exile in Bruges from 1656 to 1659. The charter, known in Flanders as the Privilegie der Visscherie, was forgotten for many years but has resurfaced on several occasions. The exact legal status of the agreement remains unsettled.
Background
After being driven from Britain in 1651 by Oliver Cromwell, Charles II initially sought refuge in Paris and Cologne. He was barred from entering Brussels by Philip IV of Spain, who wished to avoid conflict with Cromwell, but the two princes secretly agreed to allow Charles to settle anonymously in Bruges. During his stay, Charles became an active member of Bruges civil society, joining the Saint Joris Guild and forming strategic friendships. In 1660, following the collapse of the Protectorate, Charles was restored to the throne. In October 1666, ten years after his arrival in Bruges, he granted the charter to the city's fishermen.
Terms
The charter granted 50 fishing boats from Bruges the right to catch herring and other fish in British coastal waters and rivers in perpetuity. The charter itself was part of a broader trade negotiation effort mediated by the Spanish ambassador Arrazola de Oñate, though the accompanying trade treaty has been lost.
Subsequent History
19th Century
In 1849, Britain initiated negotiations with the newly founded Kingdom of Belgium regarding a fishing convention. The existence of the 1666 charter was raised by the head of the Bruges Chamber of Commerce, and British Foreign Minister H. J. Temple implicitly acknowledged its existence in a letter to the Belgian ambassador, stating that claimants must establish their rights in the proper law courts of England and Scotland. Belgium opted not to pursue legal action and instead prioritized a broader fisheries convention covering all Belgian fishermen, signed on 22 March 1852, which was stated to be without prejudice to the Fisheries Privilege.
1963 Incident
In 1963, Victor Depaepe, a resident of Bruges, wrote to the Belgian Prime Minister, British Prime Minister Harold Macmillan, and Queen Elizabeth II, declaring his intention to assert rights under the charter. On 8 July 1963, his boat King Charles the Second (Z.264) was intercepted by the Royal Navy off the coast of East Sussex near Seaford. The case never came before the courts. Papers released in 1993 under the thirty-year rule revealed that British legal advisers had recommended avoiding a court case, as they considered the charter might still be legally enforceable.
21st Century (Brexit Context)
During Brexit negotiations in 2020, Belgium's Ambassador to the EU, Willem Van De Voorde, cited the treaty in discussions regarding future access of European fishing fleets to British waters. Flemish Minister of Agriculture and Economy Hilde Crevits confirmed that a legal team was examining the treaty as a potential fallback option, though the preference remained for an agreement between the United Kingdom and the European Union. The charter has never been repealed by any parliament.
Legal Status
The exact legal status of the Fisheries Privilege remains open. It has never been revoked or nullified by subsequent legislation, but it has never been definitively tested or upheld in a court of law.
