CHARLES I. : FISHERIES AND RESERVED WATERS 227 



association were to be permitted to fish in them, except in the 

 waters which were reserved to the Scottish people in the Draft 

 Treaty of Union of 1604 namely, bays, firths, and lochs within 

 land, and a belt of fourteen miles along the coast. These waters 

 were to be strictly preserved for the native fishermen. 1 



The instructions which the burghs gave to their representa- 

 tive, Mr John Hay, although less ample, were equally to the 

 point. He was to agree to the proposal for the establishment 

 of an English settlement at the Lewes, provided they did not 

 fish in the reserved waters, and had no magazines or settle- 

 ments in any of the other West or North Isles, or north of 

 Buchan Ness or Cromarty, and not at Aberdeen if they wished 

 any south of Buchan Ness ; and the burghs were also to have 

 the right to establish colonies at the Lewes. In " retribution," 

 as they said, for these privileges to be granted to the English 

 in Scotland, they required the " liberty " of the pilchard-fishing 

 in England and Ireland, with equal privileges regarding it. 

 The king was also to remove the "Flemings" from the Isles, 

 and to prohibit them and all other strangers from fishing 

 within a " land-kenning " (that is, within a distance at which 

 the land was visible from the sea), and power was to be con- 

 ferred upon the burghs, with the assistance of the Sheriffs and 

 other officers to prevent their fishing nearer. " Hamburgers, 

 Bremeners," and all other strangers, were also to be removed 

 furth of Shetland, Orkney, Caithness, and other places. 2 



A week or two before the Scottish commissioners were 

 selected, Charles issued a commission appointing Lord Weston 

 (High Treasurer of England), the Earl of Arundel and Surrey 

 (Earl Marshal), the Earl of Pembroke (Lord Chamberlain), the 

 Earl of Suffolk (Lord Warden of the Cinque Ports), and eight 

 others as commissioners on behalf of England and Ireland. 3 

 His object, he said, was to establish a "common" fishing, both 

 to be a nursery of seamen and for the increase of navigation, 



1 Acta Parl. Scot., v. 232. 



2 Rec. Conv. Roy. Burghs, iii. 325. The foreigners from Hamburg aiid Bremen 

 were chiefly engaged in trade and barter. 



3 Fcedera, xix. 211. State Papers, Dom., clxxxvii. 46. The commission was 

 dated 8th December 1630, and the other commissioners were the Earls of 

 Salisbury, Dorset, and Carlisle, Viscounts Wimbledon and Wentworth, Sir John 

 Coke, Sir Francis Cottingham, and Sir William Alexander, who was Secretary for 

 Scotland. 



