2Concerning the gauge and standard of salmon, herring and white fish, and principal staples thereof

Item, our sovereign lord, with advice of the three estates of this present parliament, ratifies and approves all and sundry [acts and]3statutes made by his highness and his predecessors concerning the measure of salmon, herring and white fish, gauging, burning and measuring thereof, and to the effect the said acts may be the better kept, and for eschewing of defraud of the said measures and of false and unjust packing of salmon, herring and white fish, which is much used by unfree men, fishers and other slayers of the said fish, to the great hurt of unfree men,4 burgesses and merchants and the whole commonwealth of this realm, therefore it is statute and ordained that there be a just measure and standard for the salmon made by the burghs, according to the old acts of parliament, and the same to remain at the burgh of Aberdeen, and likewise that there be a just standard and measure for herring and white fish, which shall be branded and remain in the keeping of the provost and bailies of Edinburgh, and that all salmon barrels, herring barrels and white fish barrels universally through the realm shall be of the measure and gauge aforesaid, and that each burgh shall receive a pattern of the gauge and measure aforesaid and shall cause their coopers within their bounds to make their barrels according to the said measure, and the same to be branded by the town iron and coopers' iron on both the ends and upon the stop beside the bung; and in case any salmon, herring or white fish be packed in other barrels than of the just gauge aforesaid, branded and marked as said is, the same shall be escheated to our sovereign lord; and ordains the principal staple of salmon from Dee north to be at the burghs of Aberdeen and Elgin, and the principal staple of herring and white fish slain by the inhabitants within the water of Forth to be in Leith, within the privilege and freedom of the burgh of Edinburgh, and within the port and harbour of Crail, and the staple of salmon, herring and white fish slain north of Fife Ness to the water of Dee to be at Dundee or Perth, and that the said provost and bailies of Edinburgh, Aberdeen, Crail, Elgin, Perth and Dundee shall appoint a discreet man to be visitor, wraker,5 gauger and brander of the said barrels, and appoint to him a reasonable duty for6 each last thereof for his labours, that all unfree men, fishers and slayers of herring and white fish dwelling within7the water of Forth on both the sides to the water mouth of Tay bring their herring and white fish to be slain by them in time coming to the ports of Leith or Crail, and at the west side to Ayr and Dumbarton, dividing the bounds between there and the Cloch Stone, there to be gauged, marked and sold to the free burgesses of this realm, and that no fishers or other unfree men sell their said herring or white fish to any strangers or unfree men, or carry the same out of this realm to any other countries to be sold by themselves, under the pain of escheating of all their moveable goods, the one half to our sovereign lord's use and the other half to the burghs who shall convict them by virtue of their commissions.

  1. NAS, PA2/12, ff.121v-122r.
  2. Cross beside title.
  3. APS interpolation.
  4. APS has 'the freemen'.
  5. An inspector, usually of fish.
  6. APS has 'of'.
  7. APS reads 'dwelling within the bounds of'.