[1579/10/42]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord and three estates of parliament, considering the hurt which has come to the commonwealth of this realm and lieges thereof by having and keeping of cruives and yairs, slaughter of red fish in forbidden time and smolts, and that diverse acts and constitutions have been made by his highness's most noble progenitors in time past toward the destruction and removal of the said cruives and yairs and eschewing of slaying of red fish and smolts, which acts have not received execution in time past, but have been neglected and overlooked, therefore ordain the said acts to be extended and have effect and execution in time coming against the transgressors thereof after the form and tenor of the same, as also against all that slay the said red fish in forbidden time by blazing torches, casting of rods or otherwise, or that destroy the smolts and fry of salmon in mill dams, or by small sacks, creels, trammel nets and other kinds of fishing nets, and that the landlords and owners of the said cruives and yairs between this day and 1 March 1580 put down and hold down the said cruives and yairs according to the said acts and under the pains contained therein; and if they fail therein, the said day being past, ordain and command his highness's treasurer to pursue and take up the said pain. And also ordain the sheriffs, stewarts and bailies in the shires, lords of regalities where the said cruives and yairs are and the provosts and bailies of the next burghs, jointly and separately, to pass with convocation of his majesty's lieges and cast down and destroy the said cruives and yairs and hold them down, as they will answer to our sovereign lord upon their obedience; and if need be, that letters be directed against them to that effect within ten days under the pain of rebellion; and if they fail, to put them to the horn. And this act to serve for sufficient commission to the said sheriffs, stewarts, bailies, lords of regalities, provosts, aldermen and bailies of burghs to the effect aforesaid, and that they in no way shall be called or accused therefore nor incur any hurt or danger from that in time coming. And commanding all our sovereign lord's lieges to rise, concur and assist to the said sheriffs, stewarts, bailies and their deputes, provosts, aldermen and bailies of burghs and their officers in putting of the said act to execution in all points after the tenor thereof. And for punishment of the slayers of red fish in forbidden time by blazing torches, casting of rods or otherwise, or destroyers of the smolts and fry of salmon in mill dams or by small sacks, creels, trammel nets and other kinds of fishing nets, that the sheriffs, stewarts, bailies and lords of regalities within their own jurisdictions proceed as ordinary justices and take up and execute the pains and escheats, two parts to the king's majesty's use, and the third part to themselves for their travails; and where the offenders have not gear worth the pains, to put and hold them in prison, stocks or irons for the space of one month upon their own expenses, or if they have it not, on bread and water.