168 CHRONOLOGICAL HISTORY OF THE HERRING-FISHERY. 



' upon the stock may be all sold in free burghs and to free 

 ' burgesses within this kingdom by the said companies, 

 ' or any of them or their factors, without any previous 

 ' offer to the burgh, provided they do not retail by selling 



* quantities, under five tun of wine, or the equivalent in value 

 ' in other commodities which shall only be sold in whole- 



* sale, without any retail whatsoever. Thirdly, That no 



* herring or white fish taken by Scotsmen in the said 

 ' kingdom or isles thereto belonging, be sold fresh or salt 

 ' to any, but to natives, except by the companies respect- 



* ive, and that no strangers unnaturalised shall have liberty 



* to make or prepare herrings or white fish upon the land, 

 ' or to make boths for that effect, under the pain of con- 

 ' fiscation of what seized upon, and the double thereof to 

 ' be exacted off the seller, except they be free of one of 

 ' the companies forsaid ; with power also to the said coun- 

 ' cil to use and have a seal or gage for ilk company re- 

 ' spective, wherewith all their barrels or puncheons may 

 ' be marked ; and that ilk barrel of green fish contain 



* twelve gallons, which is to be the ordinar gage betwixt 



* buyer and seller ; and also to make use of and employ all 

 ' and sundry tolbooths and warding-houses where neces- 

 ' sity requires, for holding of courts, warding, or punish- 



* ing of transgressors, the burghs being always free of the 

 ' charges of the prisoners ; and, further, to depute such of 

 ' their number as they think fit concerning all businesses 



* and affairs, and to cognosce and determine in all ques- 

 ' tions and debates relating to the said trade of fishing, 

 ' and to cause execute such decrees and sentences as shall 

 ' be pronounced thereupon ; and for that eff'ect to make 

 ' choice of officers and servants, and to administer oaths 

 ' to them, and amongst themselves, for the good of the 

 ' trade, and, if need be, with power to the said council to 



