[1641/8/340]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, considering the great hurt and prejudice ensuing by the frequent destruction and slaughter of black fish, smolts and fry of salmon in the waters of Spey, Findhorn and Nairn and branches thereof, and other waters within this kingdom, and that for preventing the further growth of that unlawful, pernicious and wicked abuse there was a commission granted by our said sovereign lord's late dearest father of worthy memory, under his highness's great seal, to the late Alexander [Seton], earl of Dunfermline, lord high chancellor of this majesty's kingdom for the time, for preserving and keeping the said waters of Spey, Findhorn and Nairn, and branches thereof, from the said unlawful fishing and slaying of black fish, smolts and fry of salmon within the same and for punishing the offenders according to the laws; and that thereafter, after the decease of the said late Alexander, earl of Dunfermline, for preventing of the said abuse, there was another commission granted by the lords of his majesty's secret council to his majesty's late trusty cousin and councillor James, earl of Moray etc., and to his majesty's right trusty cousin and councillor George [Seton], earl of Winton, as lawful administrator, tutor and governor to his majesty's right trusty cousin Charles, now earl of Dunfermline, and his majesty's beloved Sir Robert Innes of that Ilk, knight, to whom the most or greatest part of the fishings upon the said waters pertains and belongs, giving and committing to them, their bailies, deputes, jointly and separately, full power and commission to put our said sovereign lord's laws and acts of parliament made regarding the slaughter and destruction of black fish, smolts and fry of salmon [to due and lawful execution]† against all and sundry contraveners of the said acts within the said waters of Spey, Findhorn and Nairn, and branches thereof, wherever or in whose bounds and jurisdiction the said offenders dwell. And his majesty and estates of parliament, considering that the former wicked abuse and slaughter of black fish, smolts, fry of salmon with the waters, fords and branches thereof is renewed, with cruives, creels† and raising of blazes†, as by all other engines that the wit and policy of the offenders can devise, which has made such a spoil and scarcity of fishes within the said waters, as the same waters are now almost or shortly may or will become void and barren of fishes, and understanding that his majesty's right trusty cousin Charles, earl of Dunfermline is heritably proprietor of the greatest part of the fishing upon the said water of Spey, and that his majesty's right trusty cousin James, now earl of Moray and the said Sir Robert Innes of that Ilk have the most part of the other fishing pertaining to them, and that through this they will be so much the more vigilant and careful to do their best endeavours for keeping of the same fishing, and knowing their good inclination and disposition to justice, therefore our said sovereign lord, with consent of the estates of parliament, has not only ratified and approved the foresaid commissions already granted in manner and to the effect foresaid, in the whole heads and circumstances and conditions of the same, but also has made and constituted, likewise by the tenor hereof our said sovereign lord, with consent of the estates of parliament, makes and constitutes, his majesty's right trusty cousins and councillors James, earl of Moray and Charles, earl of Dunfermline and his majesty's beloved Sir Robert Innes of that Ilk, knight, and [...] and their bailies and deputes for whom they shall be answerable, jointly and separately, his highness's justices and commissioners in that part, to the effect underwritten, giving, granting and committing to them full power and commission, express bidding and charge to put his majesty's laws and acts of parliament made against the slaughter and destruction of black fish, smolts and fry of salmon to due and lawful execution against all and sundry contraveners of the said acts within the said waters of Spey, Findhorn and Nairn, and branches thereof, from the head of the said waters to the mouth thereof, wherever or in whose favour† or jurisdiction the said officers† dwell, and for that effect to direct their own precepts and to warn all and sundry persons who are suspected guilty of the contravention of the said acts of parliament within the waters above-specified and branches thereof to compear before them at such days, times and places as shall be appointed to that effect to underlie the law for the said crimes, and in case of their absence and non-compearance to pass, search, seek and take them wherever they may be apprehended and to put, hold and detain them in sure confinement and captivity until justice be administered upon them according to the laws of this his majesty's realm and acts of parliament, and for that effect courts of justiciary at whatsoever places convenient to set, begin, fix, hold and continue, suits to mark be called, absents to punish by fining, amercements and escheats of the said courts to ask, lift and raise and for the same, if need be, to poind and distrenzie, and in the same courts the said persons to call by indictment or accusation and them to the knowledge of an assize to put, and as they shall happen to be found culpable or innocent of contravention of the said acts, to cause justice be administered upon them according to the laws of this his majesty's kingdom of Scotland, assizes needful for this effect of the persons that best know the verity in the said matter, each person under the pain of £40, to summon, warn, choose and cause be sworn, clerks, serjeants, dempsters and all other officers and members of court needful to make, create, substitute and ordain, for whom the said justices shall be held to answer, the escheats, fines and penalties that shall fall by the execution of the said commission to intromit with and uplift, and for the same, if need be, to poind and distrenzie, the one half thereof to his majesty's use to bring in and make an account thereof in his highness's exchequer, and the other half to the said justices' own use to apply for their labours; with power always to his highness's justices and commissioners to charge the landlords of such persons as shall be found guilty of the said crimes to enter and present them before the said justices and commissioners to underlie the law as said is, and in case of their disobedience our said sovereign lord, with consent foresaid, ordains letters of horning to be directed thereupon by the lords of his majesty's council and session upon a simple charge of 15 days, to command and charge the said landlords to the effect order may be taken with them accordingly; and generally all and sundry other things to do, exercise and use which for the execution of this commission are requisite and necessary, firm and stable holding and for to hold all and sundry things that shall be lawfully done herein; and ordains messengers of arms to make publication hereof by open proclamation at the market crosses of the burghs Elgin, Forres, Nairn and other places needful. Likewise his majesty and estates of parliament do hereby command and charge all and sundry his majesty's lieges and subjects to revere, acknowledge, obey, rise, concur, fortify and assist the said justices and commissioners in all and sundry things tending to the execution of this present commission, as they and every one of them will answer upon their obedience at their highest charge and peril.