THE SALMON. 165 



-number. One of the first Parliaments of James I. (Scotland), 1424, thns 

 records: " Quha sa ever be convict of slauchter of salmonde in time 

 forbidden be the law he sail pay fourtie shillings for the unlaw, and at 

 the third time gif he be convict of sik trespass he sail tyne his life or then 

 bye it," which in modern English means that he shall lose his life or buy 

 it strangely enough, for how much is not specified. Probably the price 

 was regulated by the circumstances of the culprit and the mercy of the 

 " powers that be." This severity is very common throughout the whole 

 of ancient Scotch legislation of the " ealmonde," and in only one instance 

 <jan I find any relaxation it is the 9th James I., 1429. " Out-takand," 

 that is, excepting from the other Acts regarding salmon, " the waters of 

 Solway and Tweede quhilk sal be reddie to all Scottis-men all times of the 

 year as lang as Berwick and Roxburgh ar in the English mennis hands." 

 That is to say, as the authority before quoted naively remarks, " the 

 Scottish King and his Estates solemnly passed an act authorising and 

 enjoining all Scottis-men to go a-poaching in England and in those portions 

 of the border waters in which, though properly Scotch, the English had, or 

 occasionally took an interest." Pleasing this to Englishmen ! Moreover, 

 not only were Scottis-men empowered to take English salmon, but if 

 Englishmen wanted Scotch salmon, then "it is ordained that na Scottis- 

 man sell to Englishmen and in England, beforehand or otherwas, ony 

 salmonde lot, that Englishmen bye them in Scotland for English gold, and 

 none other contentation ; and gif the Englishmen will not bye them, the 

 Scottis merchandes may sende them in Flanders or other places quhair them 

 thinkis ; swa that of was wise, they nouther sende them nor sell them 

 in England." What do my readers think of this piece of protectionist 

 policy ? 



A curious mingling of things holy, and spiritual, and fishy, and worldly, 

 next attracts our attention in the Scotch legislation of " Salmonde," 

 after the Reformation. c ' Acts anent the trew and holy kirk, and them 

 that are declared not to be of the samin (same) ; " " Discharge of labour- 

 ing of Sabbath dayes, or playing or drinking in time of the sermon ; ' ' 

 " Anent the Zouth and uthers beyond sea suspected to have declined 

 frae treu religion," and so on, interspersed themselves with charming 

 variety amidst the ever-increasing legion of Salmon Acts. The result, it 

 must be, however, confessed, of such persistence and painstaking, par- 

 ticularly in the end, is that Scotland has remarkably preserved her 

 fisheries from a decay which is England's shame on her salmon weirs. I 

 cannot find space to follow up a consideration of the subject, but a 

 perusal of Alexander Russel's excellent treatise on "Salmon" will 

 enlighten the curious who are anxious to explore the mighty labyrinth 

 -of salmon law. 



