238 THE SOVEREIGNTY OF THE SEA 



there "against the laws of that our kingdom," instructing 

 them to put in force a decree which had been previously 

 issued at the request of the burghs, to prevent all strangers 

 from trading or fishing there or at Shetland. 1 He also re- 

 quested the Council to prohibit unseasonable fishing for 

 herrings at Ballantrae Bank near the mouth of the Clyde, 

 which, he had been informed, was very injurious to the herring 

 fisheries on the west coast of Scotland, the Isles, and the 

 neighbouring coast of Ireland, by destroying the fry of herrings 

 at unseasonable times, which, he was informed, if they were 

 spared, might produce such plenty in all these coasts as might 

 very much advance the intended work of fishing. At the same 

 time he declared that it was necessary to establish settlements 

 for the fishings at the Isles, and the Council were asked to 

 take sureties from the landlords of the Isles, and of the lochs 

 of the mainland, against violations or oppressions on those of 

 the association engaged in fishing there, and from exacting 

 any duties or impositions from them. The Council was also 

 invited to take into serious consideration the Act of the 

 Scottish Parliament " of 4 James IV." respecting the building 

 of busses by the noblemen, and to use their best means to put 

 it into execution. 2 The nobility and gentry of Scotland were 

 apparently expected to build forty busses for fishing on both 

 coasts, at an estimated cost of 10,960 ; and in addition to 

 equip them with nets, salt, casks, and victuals. 3 



On the all-important question of the reserved waters the 

 king did not grant the " irreducible minimum " of the burghs. 



1 The king to the Council, 15th July 1632. Stirling Letters, ii. 605, 606, 617 

 Acta Part. Scot., v. 245. 



2 The Act specified by the king was passed in 1491, but he seems rather to have 

 been referring to the Act 6 James III., c. 48. " That Lordes, Barrones and Burrowes 

 gar make Schippes, Busches, and greate Pinck-boates with Nettes," which was 

 passed in 1471, "for the common good of the realm and the great increase of 

 riches," to be brought from other countries in exchange for fish exported. The Act 

 of James IV., " Anent the makeing of Schippes and Busches on the quhilk all Idle 

 Men suld Laboure," was an early attempt to carry out the policy advocated by 

 English writers in the sixteenth, seventeenth, and eighteenth centuries. It enacted 

 that ships and busses, not under twenty tons burden, should be built in all the 

 burghs and towns of Scotland, provided with mariners and nets : and power was 

 given to compel " idle men " to man them. 



3 State Papers, Dom., ccvi. 47. "What is required from the Lords and Gentry 

 of Scotland towards the fishing." 



