Missives and instructions anent the fishing

The whilk day Williame, erle of Stratherne, president of his majesteis counsell, produced the missive letters and instructiouns underwrittin before the lords of privie counsell, of the quhilk the tennour followes:

Charles R[ex], right trustie and right weilbelovit cousine and counsellour, right trustie and weilbelovit cousines and counsellours and right trustie and weilbelovit counsellours, we greit yow weill. Whereas by our others lettres and patents that ar sent unto yow we have acquainted yow with the progresse of what doeth concerne the worke of the generall associatioun for fishing, and have givin yow our further directions thereanent, whairof we expect a speedie accompt frome yow, there ar yitt severall propositiouns for the advancement of that worke whiche we have thought fitt to recommend to your consideratioun by our right trustie and right weilbelovit cousine and counsellour, the Erle of Stratherne; and it is our pleasure that, according to the propositiouns, or as yow and the counsell of the said associatioun for that our kingdome sall best resolve upon for conduceing to the beginning and advancement of this great worke, yow proceid accordinglie and with all acquaint ws therewith by the said erle. Whiche speciallie recommending to your care, we bid yow heartilie farewell. Frome our court at Beaulie, the 15th of August 1632.

Charles R[ex], instructiouns givin by his majestie to the Erle of Stratherne to be communicated to the counsell of Scotland anent the advancement of his majesteis royall worke of the fishings of Great Britane and Ireland. Beaulie, 15th August 1632

Yow sall recommend to thair consideratioun the act of parliament made by his majesteis predicessor umquhill King James 4, parliament 4, cap. 49, anent the putting out of bushes be the nobilitie, gentrie, burrowes and others of that his majesteis kingdome of Scotland, and in his majesteis name to require thame to use thair best meanes and endeavouris that the same be putt in executioun for the advancement and continewing of the bushe fishing.

Yow sall recommend to thair consideratioun how necessarie it is for the yles fishing that plantatiouns be made in the most commodious places of the yles, and thairfoir to condescend upon the places where the same sall be and of the meanes how the same sall be continued and brought to perfectioun.

Yow sall recommend unto thame the taking of sufficient suretie of the landslords of the yles and loches of the continent nixt adjacent to the same for indemnitie of the fellowes of the societie of the saids fishings in thair persons, shippes, boats, goods and fishings frome all kynde of oppressioun and violence for thameselffes and vessellis and others inhabitants in that bounds.

That they discharge all the landslords of the yles and loches nixt adjacent to the same where the fishings ar, and thair vassalls and tennents, frome uplifting and exacting frome the fellowes of the said societie, thair fishers and servants or others our subjects fishing there of anie other duetie, impost, soumes of money or other casualitie whatsomever than is warranted by ws and our predecessouris grants. And to this effect, that proclamatiouns be made with all possible diligence intimating this his majesteis pleasure to thame and all others whome it doeth or may concerne.

That they caus ane exact tryell to be takin of all customes dewteis or others impositions whatsomever payed to his majestie or anie his subjects within that kingdome upon quhatsomever pretence be the fishers thairof, and of the warrands and grounds of the same.

That they caus order be takin for removing of all strangers repairing to our iles for fishing and others trading there aganis the lawes of that kingdome, and speciallie in the Lewes and Zetland, and see the acts of parliament made thereanent putt in exceutioun.

That they caus suche order be takin as that all the fellowes of the said societie, als weill natives of that kingdome as others his majesteis subjects of England and Ireland, repairing either to the iles, loches or seas of that kingdome for fishing in these places where they ar lawfully authorized, be kyndelie and weill used and by all meanes encouraged to prosecute the said worke.

That they informe thameselffes in all things may tend to the advancement of the said worke and send to his majestie thair advice in writt, als weill in the particulars abonewrittin as in all other things offered to thair consideratioun by yow and remanent committee of the fishing of that kingdome, and returne the same with all diligence by your selffe at the tyme prefixed by his majestie.

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Charles R[ex], right trustie and right weilbelovit cousine and counsellour, right trustie and weilbelovit cousines and counsellours and right trustie and weilbelovit counsellouris, we greit yow weill. Whereas in the chartour grantit be ws to the Companie of the Generall Fishing of Great Britane and Ireland we have givin libertie to fishe in the seas of all our dominiouns, saving suche places as for the necessarie use of the natives we sould particularlie reserve and declare by our proclamatioun, as by the said chartour may appeare, understanding that manie of our subjects dwelling upon the bounds adjacent to the rivers and firthes of Forth and Clyde have beene at all tymes heeretofore, and still ar at some seasouns of the yeere, cheefelie mainteanned by the fishings thereof as serving for thair necessarie use, so that they can hardlie subsist without the same, it is our will and pleasure and we doe heirby expresselie declare that nane by vertew of the generall associatioun for the said fishing sall fishe betweene Sanct Tabshead and Ridhead, or in anie place within that firth, and for Clyde that none fishe betweene the Mules of Gallouay and Kintyre, or in anie place within the same, except the natives according to the ancient custome. And this yow caus publishe by proclamatioun at all places thought necessarie by yow for that purpose, whiche we will that yow caus putt upon record that all our subjects both now and heerafter may take notice of our pleasure heerin. Which speciallie recommending to your care, we bid yow farewell. Frome our court at Oatlands, the last day of July 1632.

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Charles R[ex], right trustie and weilbelovit cousine and counsellour, right trustie and weilbelovit cousines and counsellouris and right trusty and weilbelovit counsellouris, we greit yow weill. Being informed of the great wrongs done by strangers inhabiting the Lewes and repairing thereto in trading and fishing there aganis the lawes of that our kingdome, and how that upon a former complaint made unto yow thereupon by our free burrowes, a decreit wes givin by yow aganis the Erle of Seafort, whereby he wes ordered to bring in these strangers before yow that a course might be takin for causing thame observe our acts of parliament provided in those caises. Our pleasure is that yow caus your said decreit to be putt in executioun and the strangers censured for thair transgressioun, both in trading or fishing aganis the lawes, or for transporting of forbiddin goods, for not payment of our customes, or for sayling frome thence without cocquet, causing thame find sufficient suretie for absteaning frome the like in all tyme coming; and that yow give order to the inheritours of the yles not to suffer anie stranger to trade or fish within the same, using your best and readiest endeavours that the whole fishings be reserved for the use of the natives and subjects who ar free of the societie of new erected by ws, whereby they may be encouraged to sett fordward in so great and hopefull ane worke whereof we ar pleased to take upon us the protectioun. Whiche speciallie recommending to your care, we bid yow farewell. Frome our court at Oatlands, the 14th of July 1632.

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Charles R[ex], right trustie and right weilbelovit cousine and counseller, right trusty and weilbelovit cousines and counsellours and right trustie and weilbelovit counsellours, we greit yow weill. Whereas we ar informed that the fishing of Ballintrea doeth verie muche hinder the plenty of herring fishing in the west coasts of that our kingdome and yles thairof, and those parts of Ireland opposite thereunto, by destroying the fry of herrings at unseasonable tymes, whiche (as we ar informed) if they wer spared might produce suche plentie in all these coasts as might verie muche advance the intended worke of fishing now established by ws for the generall good of all our dominiouns and speciallie of these parts; thairfoir our pleasure is that yow caus proclamatioun to be made discharging the unseasonable fishing thereof in all tyme comming, causing sufficient suretie to be takin to that effect of those who wer accustomed to fishe there, and that yow give order to the shireffs, justices of peace and others persons of qualitie thereabouts whome yow sall thinke fitt for that purpose to see the said proclamatioun putt in dew executioun, signifeing unto thame our great care that nothing be done whiche may anie wise hinder the said intended worke of fishing for the generall good of all our subjects. Whiche speciallie recommending to your care, we bid yow farewell. Frome our court at Oatlands, the last day of July 1632.

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Another commissioun of the tennour abonewrittin wherein the English commissiouris ar putt in the first place without anie other change.

Heere ends the acts of the conventioun and all that hes past in the treatie anent the fishing, Jacobus Prymrois

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