[A1630/7/92]¹

Declaration

Declaratioun of the burrowes anent the reserved fishings

The whilk day the commissioners for the burrowes, compeirand personallie before the lords of privie counsell, gave in the declaratioun underwrittin anent the reserved fishings within Orkney, Zetland and remanent yles and loches therein, and mayne land foregainst the same, of the whilk the tennour followes:

That whereas it hes pleased the lords of his majesteis most honourable privie counsell to desire the commissioners of the free royall burrowes of this realme to declare thair opiniouns what fishings in the loches in the mayne land without the firthes reserved and yles adjacent thairto and loches within the same, remitted to the consideratioun of the commissioners of the free burrowes be the nobilitie and gentrie, ar fittest to be reserved for the benefite of trade, and having maturelie advised thereanent have delyvered thair opinions as after followes:

Inprimis, anent the loches in the mayne land lying betuix the Farayheid in Stranauer and the Mule of Kintyre, they declare that it is necessar to reserve all the loches within the said mayne land lying betuix the said Farayheid and the Kyle, togidder with Lochuryne upon the southside of the said Kyle.

Item, anent the yles, being in nomber abone twa hundreth, and twentie and the loches of the samine, being infinite in nomber, they declare that it is fitt to reserve the Innerside (quhilk is the east side of the yles of the Lewes, Ust, Bara and Muggersland and loches of the samine[)], togidder with the Braid Loche and the Bybleheid upon the northeast part of the Lewes.

Item, in the Yle of the Sky, they declare it is fitt to reserve Lochusherd lying upon the east side of the said yle.

Item, they declare that, for the good of the fishings reserved in the saids yles and mayne land, it is absolutelie necessar that there be no bushe fishing betwix the ylands and the mayne land whilk is frome the Farayheid upon the mayne and the north east point of the Lewes, nor within the course lying betuix the saids twa points and fourteene myles frome the north east most point of the Lewes.

Item, anent Orkney and Zetland, it is necessar to reserve the coasts of the samine and also fitt to reserve fourteene myles frome the saids coasts. Yitt anent the saids fourteene myles, they refer the samine to the declaratioun of his majesteis gratious will and pleasure.

They declare also that the salmond fishings ar whollie to be reserved in these places to the use of the natives.

Item, they declare that all these fishings of the loches of the mayne land and in the yles and loches of the samine desyred to be reserved, and of the saids coasts of Orkney and Zetland, hes beene continuallie fished be the merchants and fishers of this realme, and that they ar able to undertake and fish the samine to the full; and that no stranger hes beene admitted to fishe in these places and that, without reservatioun of the same, trade cannot be mainteaned nor subsist.

And last, for the remanent loches of the mayne land lying betuix the Kyle and Mule of Kintyre (excepting Lochuryne), as also for the backe side of the saids Yles of Lewes, Ust, Bara, Muggersland and Sky, excepting the particular loches before mentiouned, and als the haill remanent yles and loches of the samine, notwithstanding of the necessitie of reservatioun of the same as hes beene formerlie declared in the former instructiouns, they remitt the same to his majesteis royal consideratioun how manie of the same his majestie in his royall judgement sall thinke fitt to communicat.