80 TESTACEA. 



selling to strangers without permission ; and the beds were let to them, 

 in 1815, at 25 yearly. The rent fluctuated from that sum to 74, 

 which was paid in 1838, and the fishery placed under certain regulations 

 framed at various times. All shells under the size of a dollar were to be 

 rejected as too small. This reference to a dollar rather indicates some- 

 thing more ancient, that the fishery had subsisted longer ; for, about two 

 centuries ago, the value of many things was estimated in Scotland by 

 dollars, not by crowns or other coinage. Farther, the fishery was re- 

 strained by limiting the quantity to be taken by each boat, in propor- 

 tion to the crew : COO should be allowed for each man and the boat, 

 100 for each of the crew. Thus, a boat with four men might collect 

 2800 oysters in whole. 



But many evasions were practised, and a trade carried on clandes- 

 tinely, whereby the Magistrates believed the value of the fishery far 

 above the truth. 



About that time the whole was carried on by 250 men and boys, 

 whose daily earnings I found, on fair calculation, at the time, would not 

 exceed half-a-crown each. 



Resolving to dispossess the fishermen, the Magistrates offered the 

 beds on lease by public auction, and they were hired for 600 yearly, 

 the tenant being obliged to furnish the market with 10,000 oysters daily, 

 at a certain price. Resolving to make the most of his bargain, he im- 

 mediately equipped twenty-five sailing barks, it is said, each provided 

 with six dredges and a competent crew. He scoured the banks incess- 

 antly, almost extirpated the brood, and exported the produce in cargoes. 

 But the fishermen were not to be dislodged so easily. They claimed 

 an inherent right of fishery, which no one could infringe, broke out in 

 open warfare, and trespassed on the beds, to add to this destruction. 



They were driven forcibly off the ground, however, and some of 

 them imprisoned. An act of Parliament was passed also for protection 

 of the property. 



But, now the new tenant prosecuted the Magistrates, claiming 

 30,000 for not having been preserved, as he said, in possession of the 

 banks. 



