INSTRUCTIONS BY THE PRIVY COUNCIL OF SCOTLAND FOR THE LEVYING OF THE “ASSIZE-HERRINGS” FROM FOREIGN FISHERMEN.

(Register of the Privy Council of Scotland, vol. xi. p. 592.)

Instructionis givin be the Lordis of Secreit Counsall to Mr Johnne Fentoun, his Majesteis commissionar, who is directit to demand his Majesteis rent of assyse and teynd frome these of Holland, Zeland, Hambruch, Ambden, Rustock, and all utheris strangeris haunting the trade of fisching in his Majesteis seas during this present yeir.

In the first, yow sall prepair your selff and mak you reddie in goode and comelie ordour and equippage and with all possibill haist to go in his Majesteis schip callit The Charles, quhairof David Murray is capitane and commander, towardis the North Seas of this Kingdome, quhair the Hollanderis and utheris strangeris hes thair fisching: And at your arryveall thair yow salbe cairfull to inquyre and informe yourselff of the names of the admirallis and vice-admirallis attending the flott, and of the names of thair schippis, of quhat townes and provinceis they ar, and quhat nomber of wauchteris and buscheis is sent oute be every towne, province and estate to attend thair fischeing.

Yow sall be vertew of your commissioun, and attending to the tennour thairof, demand frome the saidis admirallis, and, incaice of thair absence, frome the vice-admirallis, and frome tua or thrie of the waughteris and busches of every estate, his Majesteis rent of assyse and teynd specifeit and contenit in your commissioun for the haill fischeis tane and slayne be thame in his Majesteis watteris and seas this yeir. And yow sall use this requisitoun and demand in fair and gentill termes and with modestie and discretioun.

Yf thay contravert with yow anent the quantitie of this dewytie, yow sall not dispute that poynt with thame, bot, if they mak offer of ane smaller dewytie, althoght it wer bot ane angell for every busche overhead, yow sall accept of thair offer.

Yf thay sall mak offer of the fische outher for the teynd or assyse, yow sall accept of thame, and, gif yow find ony countrey vessellis or boittis thair, yow sall send for thame and putt the fische in thame.

Yf they gif unto yow a delaying answer and crave tyme and laiser to send to thair superiouris to be advyseit with thame, yow sall accompt of thair delay as ane refuisall, and accordinglie accept sua of it.

Yf it be objectit unto yow that all the busches ar not of a lyke burdeyne, and that consequentlie they aucht not to pay a lyke dewytie for assise and teynd, yow sall in this caise gif defalcatioun to the smaller busches according to your discretioun and be the aduyse of the admirallis, gif thay will concur with yow in that erand; provydeing alwayes that the smallest dewytie to be taine be yow for every busche be not within ane angell.

Yf the admirallis or vice-admirallis for every toun, estate, or province will aggrie with yow for the haill busches under thair charge, yow sall aggrie with thame and gif unto them acquittanceis in name of the haill that thay tak burdeyne for; bot, yf thay remitt yow to deale with every busche apairt, yow sall do the same and gif acquettanceis accordinglie.

Yf refuisall salbe maid unto yow of his Majesties rent and dewytie, yow sall tak instrumentis upoun the said refuisall without forder contestatioun; and, gif obedience be givin and payment accordinglie maid, yow sall lykwayse take instrumentis thairupoun.

Yow sall informe the saidis admirallis, and, incaice of thair absence, the saidis vice-admirallis, of the complaint maid to his Majesteis Counsall be his Majesteis subjectis of Zetland anent the greit oppressioun committit upoun thame be divers personis of the floitt who comes aschoir upoun thair illis of Halff Grunay, Wedderholme, South Grunay, and Lungya, and upoun divers utheris pairtis of the countrey, quhair thay not only enter in kirkis, dimolischeis and brekis doun the daskis and seattis within the same and schamefullie abuses the same, to the offence and dishonour of God, bot with that thay spoyle the countrey people of thair scheip, geis, hennis, eggs, and suche uther commoditeyis as they find upoun the ground, and sumtymes invaidis and persewis thame of thair lyveis; and thairfoir yow sall crave redres and reparatioun to be made for thir wrangis and that the lyke be forborne in all tyme coming.