[C1639/8/11]*[print] [email] [cite] [preceding] [following]
Act regarding prorogation of the close time for salmon fishing and enlarging the meshes of salmon nets read, voted and passed in parliament and the conclusion regarding the commission to be charged in these terms: that upon petition from parties having interest the council shall yearly grant commissions; and in so far as concerns the south country fishing, ordains [Sir William Douglas of Cavers], sheriff of Teviotdale, to speak with [Sir John Home], laird of Blackadder relating thereto, until after noon; and ordains the capital pain to be changed in a pecuniary, namely: the yeoman servant £10 for the first fault and £20 for the second, and if they be not responsible to be punished at discretion of the justice; the yeoman £20 for the first fault and £40 for the second and for the third, escheat; or if the same be not more worth than the fine, to be further punished by the judge; and the resetters to be guilty of the same punishment with the actors; and for the landed men, £100 for the first fault and £200 for the second and escheat for the third.
The act delivered to [Sir Robert Graham of] Morphie to be drawn up.
The act regarding fishing salmon in Leven and generally within other men's bounds, or slaying salmon with forks, spears, leisters etc., read, voted and passed in articles as it is amended, with power to sheriffs, stewarts, bailies, barons within their own baronies, provost and bailies of burghs and other heritors having right to fishings, to take and apprehend whatsoever person or persons transgressors of the premises being discovered in the fact, and to take summary trial and examination of the offence and fault so committed by them. And if the taker be baron and the water lie within his barony, he to have power to judge; and if otherwise, he to present the delinquent to the sheriff or bailie or stewart or burgh respectively within whose bounds and jurisdiction the water lies, to be punished as in the other act.
Act regarding the herring and loyal marking thereof read, voted and passed in articles, with this alteration: that in place of the gallons mentioned therein for the quantity of the barrels, it be set down according to the standard of the castles of Edinburgh and Dumbarton. And where the act ordains those who pass to the isles to carry with them four barrels of French salt for a cargo, to amend the same in these terms: of French, Spanish or Scots salt proportionally finds the repacking necessary, and that the act be only extended to all which shall be transported to foreign parts. And in case any herring be packed at an unfree burgh, the next free burgh shall be obliged to send the burning iron and their marker to the said unfree ports. And declares Newark and Inchgreen to be the two places for Glasgow for transportation of their herring.
[Archibald Campbell, earl of] Argyll, for himself and all others having interest, protested that the same should be without prejudice of any man's right or possession according to the law.
The act regarding the jurisdiction of the convention of burghs delivered to [Sir Thomas Hope of Craighall], advocate, to be perused until after noon.
The article given in by the burghs craving that letters may be directed against unfreemen to find caution to desist simply under a pecuniary pain continued to be advised until after noon.
Regarding the article craving the patent granted to Henry Mauld regarding the armoury, ordains John Smith [of Grotehill] to produce the patent after noon.
Regarding the article against the patent of tobacco granted to Sir James Leslie and Thomas Dalmahoy, ordains Sir Alexander Home and Master William Wallace to be advertised to compear before [John Stewart, earl of Traquair], commissioner general, and articles to represent all the reasons they can against this article in favour of the patent after noon.
Regarding the article against the patent granted to [John Erskine], earl of Mar for tanning of leather, ordains the Earl of Mar to be warned to compear before the commissioner general and articles to represent the reasons for maintenance of his patent after noon.
Regarding the article against the patent granted to Robert Buchan for the pearl, ordains Master Robert Petrie, agent for the said Robert, to be warned to compear before the lord commissioner general and articles, that he may be heard to represent all his reasons for maintenance of the said patent after noon.
Regarding the article against the patent granted to James Bannatyne for the pearling, ordains Master Melville (to whose benefit the said patent is granted) to be warned to compear before the lord commissioner general and articles after noon, to represent his reasons in defence of the said patent.
The article regarding the auctioning of the common good belonging to burghs read, voted and passed in articles as it is amended.
Regarding the article craving that all yarn may be sold by weight according to the act of council, John Smith [of Grotehill] is appointed to bring the act after noon.
The article for bringing plaiding to a certain breadth read, voted and passed in articles, to begin 1 January next.
[Deleted clause]†
Supplication for disunion of the parishes of Craigie and Riccarton, remitted by the lord commissioner general and articles to the commission to be granted for plantation of the kirks.
Ratification to the burgh of Jedburgh of two new fairs read, voted and passed in articles.