[A1704/7/42]*[print] [email] [cite] [preceding] [following]
Our soveraign lady and the estates of parliament, taking to consideration the great and many advantages that may arise to this nation by encouraging and promoting the white and herring fishings, they being not only a most natural and certain fund to advance the trade and increase the wealth thereof but also a true and ready way to breed seamen and set many poor and idle people a work, and albeit there are several good acts already made to encourage and carry on that trade, yet they are either in desuetude, defective or do not answer the present circumstances; therefore, that so great and general a concern may take effect in time coming, her majesty, with advice and consent of the estates of parliament, creats, erects and establishes particular companies or societies of her own natural free-born subjects of this kingdom, and that whether belonging to royal burghs, burghs of regality, barony or any other parts in the countrey, with full power to them to take, buy and cure herring and white-fish in all and sundry seas, channels, bays, firths, lochs, rivers, etc. of this her majesties ancient kingdom and islands thereto belonging, wheresomever herring or white-fish are, or may be taken, and, for the more conveniency, to have the free use of all ports, harbours, shores, forelands and others for bringing in, pickling, drying, unloading and loading the same, and to build store-houses, booths and others necessary for the use of the said fishing trade in whatsoever places shall be most convenient, upon payment of [...] for a store-house and [...] for a booth yearly to the lord or master of the ground. And for the better advancing and right carrying on of the said trade, it is ordained and enacted that all the barrels made use of by the saids companies shall be of the largeness, goodness and quality and marked as is prescribed by the 5th act of the 4th sess[ion] of the 1st parl[iament] of W[illiam] and M[ary], and that all the herring or white fish put into them shall be laid or packed from the bottom to the top, with French or Spanish salt allannerly, but it's hereby declared that, notwithstanding of any former acts to the contrair, it shall be lawful to the saids companies to use Scots salt in the ruseing or first salting of herrings or white fish as they shall see convenient. And further it is ordained that no herring or white fish be shipped or transported from this kingdom to forraign countries but such as are so made by the saids companies and marked with their burning seal, for which they are to be answerable, and the collectors and other officers of our customhouses are hereby commanded to take and seize all herring or white fish that shall be shipped in their several precincts for exportation, unless made and marked as aforesaid. And to prevent false dealings in the said trade of herring or white fishing, it is also declared that it shall be lawfull to our sheriffs, baillies of regalitie and magistrats of burghs, or any having commission from them, not only to visit on all occasions the curing and packing of herring or white fish in their respective bounds, but also to pitch upon any barrel after it is made up and marked, and cause break open the same, and raise the herrings or fish, if they think fit, to the very bottom, and in case they be not cured or packed as above ordained, or that there be broken, bruised, split or not gutted herring or fish among them, the saids sheriffs, baillies, magistrats or others commissionat by them, after the same is clearly proven before experienced and famous witnesses, are hereby ordained to secure the whole parcel, and the company to whom they belong shall pay for each last an hundred merks Scots, the half to be given to the discoverer and the rest to the poor of the place, and the said herring or fish shall be discharged to be exported at any time thereafter, and, for that end, there shall be a notour mark of disgrace put upon each barrel. And for the encouragement and advantage of the foresaid companies or societies, her majesty, with advice foresaid, ordains that in all time coming the duty of fourty three shillings, four pennies Scots upon the boll of Spanish or French salt shall be taken down to the old custom, which is three shilling, four pennies Scots per boll, and also decerns and ordains that cordage, hemp, cork, pitch, tar, plank-board, knaple, skews, hoops, dutch-nets and all other things imported for the trade of fishing by the foresaid companies shall be free of any customs or other imposition whatsomever, and that the herring or white fish taken, cured and packed as foresaid are and shall be free of any manner or burden or taxation in the exportation of the same, and also that cask, salt, hoops, provisions and all other things belonging to the said company for their trade of fishing going from place to place in this kingdom shall be free of shore-dues and all other port charges, both at the places of loading and unloading. And further, her majesty, out of her princely goodness and care to promote the interest of this her ancient kingdom in their trade of fishing, hath released and discharged, and by the tenor hereof simpliciter releases and discharges, the teind herring and teind fish of such herring or fish as shall be taken or bought by the saids companies, and that whether of fish dried or in barrels, in all time hereafter, except in the Firth of Forth and Clyde, where it's expressly ordained that herring or white fish shall only pay teind at the place where they are landed to be cured and barrelled, and at no other place whatsomever thereafter; and also exoners and discharges the excise-herring due to her majesty, or any having her gift for the same, for all the days, terms and space of [...] years; and, in like manner, it's hereby commanded and ordained that all lords or masters of grounds or magistrats of burghs in any place of this kingdom where there are or may be the foresaid fishings shall not only protect, defend and maintain the foresaids companies, masters of ships, fishers or other servants imployed by them in their trade of fishing, but shall not presume to exact or levy any more from the saids companies, their skippers or servants for ground-live, but only twelve shilling Scots per last, and that in full satisfaction of Saturday's fishing, or any other manner of dues whatsomever. And it's hereby specially declared and provided that no company whatsomever shall have any benefit by this or any former acts until they give in an account of themselves, with their names, designations, seals and marks to [...], all which are to be registrat in their books, and an extract given out by their clerks to each company, for which they shall only pay [...]. And lastly, her majesty, with advice and consent foresaid, ratifies and approves all benefits, priviledges and immunities granted by any former acts of parliament in favours of the white and herring fishings and companies concerned in them.
[A1704/7/43]*[print] [email] [cite] [preceding] [following]
Our soveraign lady, with advice and consent of the estates of parliament, statutes, enacts and declares that whoever has misapplyed or shall misapply any funds granted by parliament, or that shall hereafter be granted by parliament, otherwayes than for the uses and ends appointed by the respective acts, are and shall be lyable for any sums so misapplyed by them, and that all concerned may have action against them before the judge ordinar for that effect.