The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 18 April 2024

[1597/11/39]1

Of slayers of red fish, smolts, fry and salmon in forbidden time

Our sovereign lord and estates of this [present]2 parliament, understanding that there have been diverse acts of parliament made regarding the slayers of black fish in forbidden time, smolts and fry of all salmon fish and for holding down of cruives and yairs, which have not taken effect through the iniquity of the time; and considering that the greatest hurt and damage is sustained by his majesty through want and lack of a great part of his highness's patrimony of the custom of salmon, therefore his grace, with consent of the three estates, has ratified and approved and by this act ratifies and approves these3 former acts made for punishing of slayers of red fish, smolts and fry of all fishes in forbidden time, commission and power therein contained making the particular persons therein mentioned justices in that part, with this addition: that all and sundry earls, lords, barons, gentlemen and freeholders having land next adjacent to the waters and rivers wherein salmon fish are taken and slain within all the parts and bounds of this realm, shall according to the general bond find caution and surety acted in the books of council that they and every one of them shall be answerable for their own tenants and indwellers within their lands and for all others within their bounds so far as their lands extends, whom they may stop or let, according to the general bond, [that they]4 shall not slay any salmon fish in forbidden time with coble, net, spear, rod, creel, purse-net or any other kind of engine, the earl and lord under the pain of 1,000 merks, the baron and gentleman and others whatsoever, owners of waters and lands, under the pain of 500 merks, the one part5 of the said pains in case of contravention to be uplifted to his majesty's use, another6 half to the judges contained in the former acts; and that letters of horning be directed at the instance of the said judges and charge the said earls, lords and gentlemen and freeholders to find the said sureties acted in manner foresaid, excepting from the present act the waters of Annan and Tweed.

  1. NAS, PA2/15, f.69r-69v.
  2. APS interpolation, taken from the contemporary printed collection of acts, Sir John Skene, Lawes and Actes of Parliament, maid be King James the First and his successors Kings of Scotland - The XV Parliament of King James the Sext, halden at Edinburgh, the nineteenth day of December, the yeir of God, ane thousand, five hundreth, ninetie seven yeirs (Edinburgh, 1597), p.169.
  3. APS changes this to '[the]'.
  4. APS interpolation.
  5. APS changes this to '[half]'.
  6. APS changes this to '[and the] other'.