[A1630/7/95]¹

Procedure: charter for the fishing

The which day William [Graham], earl of Strathearn, president of his majesty's council, produced and exhibited before the lords of privy council the missive letter underwritten, with the charter or signature concerning the association for the fishing, which, with mutual consent of commissioners for both kingdoms, is concluded to his majesty's great contentment and apparent benefit of both kingdoms. Which signature or charter being read in presence of the said lords, they ordained and ordain the same to be inserted and registered in the books of privy council and thereafter to be completed by his majesty's chancellery and the great seal of this kingdom appended thereto, after the form and tenor of the act following made to that effect, of the which charter the tenor follows:

Charter for the fishing

Charles Rex, our sovereign lord, being ever, according to the royal care incumbent to his kingly charge, watchful as well for the public good of his majesty's dominions as for the private profit of the subjects of the same, having, after diligent inquisition, found with what plenty of fishes it has pleased God to bless the seas, firths, bays, creeks, common rivers and lochs of his majesty's dominions and isles pertaining to the same, and how much profit may fall thereby to his said subjects and what strength may accrue to his majesty's navy, as well in war as in peace, and of what burden his majesty's dominions shall be freed by accustoming lazy and idle people to work and instructing them in the trade of fishing, that from thence they may supply their own necessities, and also how much the merchant trade may be advanced by their industry. As also his majesty, after mature deliberation had with the councillors of his majesty's dominions, having weighed as well the public as private profit and all other things following thereupon if his majesty's subjects shall diligently, earnestly and strongly intend their care and labours to the exercise and advancement of the fishing trade, and for other urgent reasons and causes moving his majesty thereto, ordains these his letters patent to be passed under the great seals of both his majesty's kingdoms underwritten in manner after-specified, determining and ordaining a society to be erected. Likewise his majesty, by these letters patent, erects a society of the natives of his majesty's dominions and denizens dwelling and residing in the same, and of others assumed and enrolled in the council of the said society, in and to the said society, liberties and privileges of the same, secluding all other strangers and foreigners whatsoever, to consist of 12 councillors to be nominated and constituted in all time to come by his majesty, his heirs and successors and to be removed at his majesty's, his heirs' and successors' will and pleasure; of the which councillors the one half in all time to come shall be of the Scottish nation, the other half of the English or Irish descending from the English or Irish race, so that one of the said number deceasing or removed, another of that same nation shall succeed and be substituted in his place, which shall be called the council of the said society and of the community of the said society, to be called in all times to come by the name of the Council and Community of the Fishing of his majesty's dominions of Great Britain and Ireland; of the which society his majesty, his heirs and successors accept upon them to be and to be called the protectors in all time to come. And by this charter makes, creates and constitutes his majesty's right trusty and right well-beloved cousins and councillors, William [Douglas], earl of Morton, high treasurer of Scotland, William [Graham], earl of Strathearn and Menteith, president of his majesty's council of Scotland, Robert [Ker], earl of Roxburghe, his majesty's right trusty and right well-beloved councillor, William [Alexander], viscount of Stirling, principal secretary of Scotland, and his majesty's trusty and well-beloved [Master] John Hay and [Master] George Fletcher, esquires for the Scottish nation, and his majesty's right trusty and right well-beloved councillor Richard [Weston], lord Weston, high treasurer of England, his majesty's right trusty and right well-beloved cousins and councillors, Thomas [Howard], earl of Arundel and Surrey and Earl Marischal of England, Philip [Herbert], earl of Pembroke and Montgomery, chamberlain of his majesty's house, his majesty's right trusty and well-beloved Thomas [Savage], viscount Savage, and his majesty's trusty and well-beloved councillors, Francis [Cottington], lord Cottington and Sir John Coke, knight, principal secretary of England for the English nation, first and present councillors of the said society, and Patrick Wallace, Sir Charles Smith, knight, George Purves, John Taylor, Alexander Simpson, Sir John Thumbelbie, knight, James Stevenson, Basil [Fielding], lord Fielding, Patrick [Murray], earl of Tullibardine, Sir Andrew Corbet, knight, Sir Basil Brooke, knight, George Bruce of Carnock, John [Campbell], lord Loudoun, Alexander Bruce of Alva, Archibald [Campbell], lord Lorne, Sir Thomas Middleton, knight, Edward Savage, Abraham Daes, Charles Jones, Thomas Tempest, Robert Mason, Sir James Bagg, knight, Thomas Ezett, David Simpson, Sir Richard Weston, knight, Thomas Richardson, William MacKean, William Fitzherbert, Robert Beattie, John Webb, Thomas Savage, Edward Whitby, Francis [Annesley], lord Mountnorris, Sir Samson Darrell, knight, Anthony Irby, John [Poulett], lord Poulett, Francis Plowden, Francis Finch, Sir George Kemp, knight, Sir Arthur Lake, knight, William Meiklejohn, Sir John Wolstenholme, knight, Sir John Savage, knight, John Thomson, Richard Buckley, Sir John Winter, knight, Walter Blunt, David Wilson, Endymion Porter, Sir Paul Pinder, knight, Alexander Muir, David Christie, George Butler, Thomas Fallesdaill, William [Crichton], viscount of Ayr, William Foster, Francis [Leigh], lord Dunsmore, Richard White, John Williamson, Gabriel Cunningham, Thomas Charteris, Duncan Forbes, John [Stewart], lord Traquair, John [Wemyss], lord Wemyss, James Fletcher, Katherine [Manners], duchess of Buckingham, John Chamberlain, James Hanham, William Gray, William Dick, John Leaper, Sir Patrick Hepburn, knight, Robert Richardson, Sir Frances Englefield, knight, John Osborne, Sir Nicholas Fortescue, knight, John Cowan, William [Douglas], viscount of Drumlanrig, Sir Garrett Kempe, knight, Alexander Nairn, James Cockburn, John² [Touchet], lord Castlehaven, John Smith, James Clayton, Thomas Boswell, David Cunningham, James Blair, Walter Hastings, Robert Alexander, Sir Richard Leicheford, knight, Thomas Muir, Henry Schanks, Sir John Blackadder of Tulliallan, John [Stewart], earl of Carrick, Andrew Bell, Andrew Wilson, John Muir, Thomas [Windsor], lord Windsor, John Ashburnham, Richard [Lumley], lord Lumley of Waterford in Ireland, John Semple [of Stainflett], William Black, Thomas Collison, John Dae, Robert Taylor, John Yeaman, Stephen White, Henry [Cary], viscount of Falkland, John Jacob, Sir Thomas Ashton, knight, Sir Christopher Neville, knight, George [Seton], earl of Winton, David Alexander, William Russell in the county of Wigorn, baronet, William Russell, Allan Dunlop, John Kemp, Andrew Gray, Francis [Manners], earl of Rutland, Patrick Hunter, [Master] Vidas Lawson, Cobrid Rowleigh, Patrick Bell, George [Hay], viscount of Dupplin, Thomas [Hamilton], earl of Haddington, Gabriel Hippesley, [...], Lady Windsor, George Goring, Benedict Hall, Henry [Howard], lord Maltravers, George Gage, Roger Polkinghorne, Richard [Boyle], earl of Cork, John Kegwin, [Henry Jermyn], earl of St Albans, Richard Kegwin, Randal [MacDonnell], earl of Antrim and William Noy, first and present fellows of the community of the said society, and them and their successors in a corporate and politic body by the names foresaid to all effects, makes, erects and creates to do and undergo as other corporate and politic bodies within his majesty's dominions have hitherto been accustomed to do and undergo. And also his majesty wills that each person of the said community constituted, or to be constituted in manner underwritten, shall be elected and preferred and enjoy the said place during the term of life, unless he be removed therefrom upon just cause by his majesty, his heirs and successors or by the council of the said society. And also his majesty wills and grants to the council and community of the said society and their successors that the said council and community of the said society and their successors hereafter in all time to come have a common seal to serve for doing of their causes and affairs and for their successors whatsoever, and also may change the same seal at pleasure so often as they shall think fit. And his majesty, for him, his heirs and successors, wills that the council of the said society shall reside and keep courts, conventions and chapters in whatsoever place within his majesty's kingdoms of Great Britain and Ireland it shall please his majesty and his successors in all time to come to find necessary and shall be commanded by warrant from his majesty, his heirs and successors. And further, his majesty, for him, his heirs and successors, grants licence and liberty to the council and community of the said society and their successors and wills that the council of the said society being for the time, so often as they shall think expedient, so that six or more of the number of the said council (whereof the one half shall be of the Scottish, the other half of the English or Irish race) being warned be present, may and have power to convene in such places as shall be designed for their residence, and make a chapter, elect, constitute and depute officers and ministers of the said council and community necessary for their service and also consult and treat regarding the affairs and business concerning the said council and community of the said society, and to make, statute and ordain statutes, laws and ordinances whatsoever concerning the members of the said society, their attendants, servants, fishers, mariners, masters of ships, their factors and others attending the fisher trade and concerning the fisher business, and the same to promulgate; and so often as it shall seem good to them the same to change, revoke, correct and to substitute other statutes in their place; and pains, as well pecuniary as of imprisonment, from time to time to decree to be inflicted against the contraveners and breakers of the same according to the quality of the offence; as also upon new emergent evils requiring amendment, new remedies congruous and agreeable to reason to oppose so often and whensoever it shall seem expedient to them, so that notwithstanding thereof the said statutes, laws and ordinances be ratified and approved by his majesty and his successors before they obtain the force of laws; and also to put the said statutes to due execution, and that also they may and have power to punish the contemners of the same and repining thereto, according to the said statutes, laws and ordinances and tenor thereof, which laws, ordinances and statutes his majesty wills in all points to be kept and put to due execution so that the said statutes, laws, ordinances and decrees be not contrary nor derogatory to the statutes, laws, liberties or acts of parliament of his majesty's kingdoms. And also his majesty wills and, by this charter, for him, his heirs and successors, grants to the council and community of the said society and their successors that the councillors of the said council, every one of them having first taken the oath to be ordained by his majesty, to set down the form of the oath to be taken by every one of the said community, their ministers and servants, and the same oath to receive off each person foresaid of the said society, by themselves or some of them, whereof the one half shall be of Scottish, the other half of English or Irish race, or by other judges hereafter underwritten, or some of them, whereof the one half shall be of the Scottish nation, the other half of the English or Irish race, to whom all and sundry his majesty gives and grants by this charter full power for him, his heirs and successors to minister and receive the said oath. And for the better government and more speedy administration of justice between the persons of the said society, and to eschew expenses and other burdens, his majesty, for him, his heirs and successors, constitutes and ordains that in every province of his said kingdoms and towns most commodious to that effect where the persons of the said society shall be residing, to be designed by the council of the said society, there shall be elected four judges or more under the said council of equal number of the said nations, whereof namely the one half shall be of the Scottish, the other of the English or Irish race in manner underwritten, to do as is hereafter specified, within the meiths and precincts to be designed by the council of the said society. Notwithstanding whereof, his majesty wills that every one of the said judges shall be removable by the council of the said society and at their will and pleasure, and that the said judges be elected by the persons of the said society residing in the said towns and provinces where the said judges shall be constituted, and in case they cannot agree amongst themselves, by the magistrates of the towns in which they do reside. And also his majesty wills the same judges to reside and hold courts in the burghs and towns of the said provinces and sheriffdoms most commodious for the fishing trade, whom also his majesty wills to take the oath to be ordained by the foresaid council as said is before the foresaid magistrates of the said towns where they reside and are elected, of their good carriage in their said office. To the which magistrates his majesty also grants full power and liberty to receive the said oaths, as also gives power to the foresaid judges, delegated and elected as said is, to make, establish and promulgate temporary laws, ordinances and statutes for the better government of the persons of the said society within their jurisdictions, and the same to due execution to put, so that the same statutes and laws be not repugnant and contrary to the laws, acts of parliament, nor statutes of his majesty's kingdoms, nor to the laws and statutes to be made and set forth by the council of the said society. His majesty also wills and for him, his heirs and successors by this charter grants to the council and community of the said society and their successors and to their fishers, mariners, masters of ships and servants attending the fishing trade, and to every one of them, that the persons of the said society and their fishers, mariners, masters of ships and servants, and every one of them, as well present as to come, attending the taking or making of fish, shall be from time to time in all time to come discharged of all suits and complaints in the courts or tolbooths of his majesty, his heirs and successors wheresoever the same shall happen to be, until as they attend the taking and making of fish of all things concerning the fishing business, so that none of them shall be held to answer before any justices, sheriffs, provosts or bailies of courts or tolbooths of his majesty, his heirs or successors regarding any transgression or contract concerning the fishing business, but before the said judges or council of the said society; neither shall they pass from their fishings or fishing works upon the warnings of any of his majesty's ministers or his heirs or successors, except upon the warning of some of the officers and ministers of the said council or judges to be delegated as said is. And further, his majesty wills and by this charter, for him, his heirs and successors, grants to the council and community of the said society that they may have courts and tolbooths in the towns and provinces to be designed as said is, and in the same before the foresaid judges or before the said council wherever the same shall reside, to hold all pleas between the persons of the said society or between their fishers, mariners, masters of ships, their factors or servants arising amongst them concerning the fishing trade, and to administrate justice to them in the said pleas and complaints, and the offenders against the ordinances, laws and statutes foresaid to be ordained, and rebellious and contrary to the same to punish according to the quantity of the fault and means of the delinquent as it shall be just and according to the laws and customs of those parts in which these courts or tolbooths shall be constituted or according to the tenor of the said ordinances, laws and statutes; and if the said judges shall not do justice or right to the said parties, or give false judgement or delay longer than is fit to do right, that then the defect of the said judges not doing right according to the said laws, ordinances and statutes shall be rectified before the council. And because it may often fall out that controversies may arise on the sea between the merchants, masters of ships, their factors, mariners and fishers and their servants for removing whereof, and that without delay of necessity there is required the help of judges, therefore, his majesty wills and ordains that whensoever any navy of fishing ships, more or less of whatever kind they be, shall be convened and drawn together on the sea, that the masters and merchants themselves or their principal factors shall elect out of their number four or more most able judges depute, of the which one half shall be Scottish, the other English or Irish of the English or Irish race, to administer justice and hold pleas between the persons of the said society, their mariners, masters of ships, factors and servants foresaid, during the whole time of that present fishing voyage, and that as many likewise shall be the same way elected each voyage of new to the effect above-specified, to whom also his majesty grants power and liberty to hold courts and pleas there, and to administrate justice between the persons and fellows of the said society being there for the time, and their servants, attendants, ministers, merchants, mariners, masters of ships and factors concerning all things and pleas arising upon the sea concerning the said fishing business, to create and constitute officers and ministers of the said court and also to make laws and statutes for the better government of the said navy and all the persons sailing in the same during that fishing voyage, and the same, as also the laws and statutes made or to be made by the council of the said society, to put to due execution, providing always that nothing be done contrary to the laws and statutes of his majesty's kingdoms, or to the laws and ordinances to be made by the council of the said society; and to give their oath before two or more of the masters of the ships of the said navy for lawful and due administration of justice, according to the laws to be made by the said council, or according to the customs of that nation in the which the business whereupon the contention arises shall be emergent. His majesty also wills and grants for him, his heirs and successors to the council of the community of the said society and their successors that it shall be rightful to the council of the said society to admit and enroll in the community of the said society such supplicants as they will, and that each one of his majesty's subjects, either native or denizen and dwelling or residing within his majesty's dominions, willing to give obedience to the laws, statutes and ordinances of the said society to be made as said is, may supplicate and require themselves to be assumed and enrolled in the community of the said society without any exaction whatsoever. As also his majesty commands and wills the council and community of the said society and every one of them, present and to come, that they admit these petitioners and supplicants into the community of the said society; and for the more easy and expedient admission into the said society, his majesty gives and grants to the council and community of the said society and for him, his heirs and successors wills that as well the council of the said society and those to be depute in every province as said is, or any two or more of them, whereof the one half is to be Scottish, the other half to be English or Irish of the English or Irish race, have power, and may from time to time admit and enroll these supplicants or petitioners into the community of the said society. Likewise his majesty, by virtue of this charter, makes and constitutes each person so enrolled and admitted into the community of the said society fellows of the community of the said society and partakers of all the privileges of the said society; as also grants power, liberty and full licence to the foresaid council and community of the said society and their successors, and to each person being into the said society, as well present as to come, of whatsoever nation they be subject to his majesty's, his heirs', and successors' obedience, according to the ordinances, laws and statutes to be made in form foresaid, to exercise fishing and take sea fish where it shall please them, as well in his majesty's seas and of his kingdoms and dominions and isles pertaining to the said kingdoms, as in the lochs, firths, creeks, bays and estuaries within his majesty's said kingdoms and isles pertaining to the same, wheresoever herrings or sea fish are taken or may or are accustomed to be taken, reserving and excepting to every private subject the salmon fishing; reserving also, if his majesty by his proclamation or warrant to be published in every one of his said kingdoms shall give command, that any part of any creek or firth being within any of his majesty's said kingdoms shall be free from the fishing of the council and society foresaid, to the necessary sustentation and use of his subjects dwelling there, that then and so often they of the said society shall abstain from enjoying and using of the privilege of the said council and society granted to them as said is in these places as by the said proclamation order shall be given, and to carry the fish taken in the same to his majesty's harbours and shores, wheresoever as well within burgh as without the same, to unload and put the same upon land, as also to salt, dry, load, to barrel and puncheon the same, and for conservation of the said fishes to build necessary houses, covertures stages and others fit for the use of the fishing trade wheresoever in his majesty's lands and shore of the sea, and for a reasonable price to be offered and paid to the landlords in other men's grounds so often as it shall please them to bring the same fish to land, otherwise to keep and preserve the same in their ships and boats without taking the same to land, either in burgh or without; saving always to his majesty, his heirs and successors the customs, tithes and other duties which are due to his majesty out of the same and to give, sell and convey the same fish wheresoever within his majesty's dominions to the subjects of these dominions of whatever nation they be, subject to his majesty, his heirs and successors, or to carry, transport, retail or sell into foreign or parts beyond sea being in friendship with his majesty, his heirs or successors in their own ships and vessels, or vessels of any other of his majesty's subjects as it shall seem most expedient to them, albeit the one or none of the said parties be burgesses or not burgesses dwelling and inhabiting within burgh or without burgh. And further, his majesty wills and by this charter, for him, his heirs and successors, grants to the foresaid council and community of the said society and their successors and every one being of the said society, as well present as to come, that they and every one of the said society and their fishers, waiters and servants attending the fishing business, as also their towboats, boats, crayers, ships, more or less of whatsoever portage or burden they be or their materials designed and prepared for taking of fish or exportation of the same, whether they be in sea or harbour or elsewhere in the service of the persons of the said society, shall not be arrested nor taken to his majesty's or his successors' use or service, nor shall be compelled to pass in his majesty's service or affairs against the master's will, except by a special warrant to be granted by his majesty, his heirs and successors, mentioning the special privilege given to them. And to that effect, that every one of the said society may the more seriously and diligently bestow their labours upon the fishings, his majesty has granted to the council and community of the said society, and to every one of the said society, as well present as to come, and wills that none of them who shall be a fisher or shall attend the fishing or making of fish, shall be put amongst those that are sworn upon assizes, attaints, recognitions or inquisitions whatsoever, albeit they do touch his majesty, his heirs or successors or any other person whatsoever, nor yet any one of them shall be collector of tithes, fifteens, taxations, tallages or other burdens or impositions whatsoever, granted or to be granted in whatsoever way to his majesty or his successors, nor shall be compelled against their will to be a constable or tithing man. And further, his majesty wills and for him, his heirs and successors grants to the council and community of the said society and their successors that after the proclamation or edict to be published relating to this no person whatsoever not being in the said society transport or cause to be transported any sea fish taken within his majesty's dominions, or brought within the same, elsewhere out of the said dominions in merchandise, whom all and every one of them his majesty straitly forbids that no person whatsoever shall cause to be carried nor transported within his majesty's dominions in merchandise the fish taken within the said dominions or brought within the same from any other place under all pain to follow hereupon. And albeit the council and community of the said society and freemen of the same society, each man of each several nation subject to his majesty, do enjoy in the said several dominions diverse liberties and freedoms, notwithstanding his majesty wills and for him, his heirs and successors grants to the council and community of the said society and their successors that the council and community of the said society shall not be compelled to contribute to any subsidies, fifteens, tithes, coats³, taxations or tallages within his majesty's dominions, albeit they be granted by authority of parliament or whatsoever other way, out of their goods, lands or cattle which they shall have in common, but shall be freed and discharged of the same perpetually and so often as upon any emergent occasion any such subsidies, fifteens, tithes, coats, taxations or tallages shall be granted or are to be lifted, each person of the said society being for the time, as well present as to come, shall pay the same in the places wherein they reside and dwell, excepting and notwithstanding tolls, petty duties, customs, subsidies, impositions, weighages and harbour duties due to be paid in harbours, markets, fairs, bridges, villages or highways, which his majesty wills to be paid according to the law and custom of the place where they are exacted. And further, his majesty wills and by this charter, for him, his heirs and successors, grants to the council and community of the said society and their successors that they may have and possess and that every one of them shall have and possess perpetually the whole premises, and they enjoy and use the same fully and each one of them enjoy as said is in his majesty's several dominions and in all cities, burghs, villages and places as well within privileged places, freedoms and liberties as without the same, notwithstanding of whatsoever act or acts of parliament made within any of his majesty's several dominions, to the which his majesty wills this charter to be derogatory in so far as concerns the premises; and ordains two letters patent or charters to be made, of the which this charter to be under the great seal of Scotland and England, the other under the great seal of England and Scotland; and ordains this charter to be a sufficient warrant for writing and appending his majesty's great seals of both the said kingdoms in manner above-written, without passing of any other seals or registers. Given at [...].