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Part III. — Tenth Annual Report 
size of the fish, the locality, &c. The second period began between 1850 
and 1860, although symptoms of its advent may be traced many years 
earlier, and it culminated in the removal of all restrictions on white fish- 
ing in the sea. The third period is recent and began only a few years 
ago, and is characterised by recurrence to the practice of the first period — 
restriction and regulation. 
With respect to the first period, which began in the dawn of history, I 
may say that there is very little evidence in the earlier records relating to 
the sea fisheries of Scotland of complaints as to over-fishing or the regula- 
tion of the mode of fishing. The Scottish fisheries in past centuries suf- 
fered great fluctuations, There were periods of prosperity — probably greater, 
comparatively, than any witnessed now — and of depression or practical sus- 
pension. But these changes were associated mainly with domestic peace or 
with the civil and warlike troubles of the times — the prolonged struggle for 
independence, the ravages of ' our auld enemies of England ' especially in 
the times of Henry VIII. and Elizabeth, the paralysis following the over- 
throw of Charles I. and the ascendency of Cromwell, the rebellions of last 
century, and so fortb. All these national disturbances and calamities pro- 
foundly affected the prosperity of the fisheries, especially on the East Coast. 
Hence, in the Acts of the Scottish Parliaments we fail to discover evidence 
of interference on the grounds stated, although such Acts are not 
uncommon in the old Parliaments of England — e.g., 13 Richard If., c. 19 
(1389-90) ; Henry VIL, c. 21 (1488-89) ; 1 Elizabeth, c. 17 (1558-59 ; 3 
James I., c. 12 (1605), &c. There are a considerable number of Acts in 
the Scottish Parliaments, and in the even more ancient burghal laws and 
regulations, relating to the sea fisheries, but they refer to other matters. 
Nevertheless, evidence of interference is not quite absent. In mediaeval 
times the powers of the Scottish burghs — trading corporations and com- 
munities — like those of the Hanseatic League on the Continent were 
very great, and these burghs exercised an authority over the fisheries 
which at the present day could be exercised by the Imperial Parliament 
alone. At the beginning of the seventeenth century complaints were 
made of the injurious action of the 'sandeill polkis' (bag-nets) in certain 
estuaries, which it was alleged caused 'grit distructioun of the hering 
' fry, werray hurtfull and preiudicial to the fisching of hering, and sua 
' hurtfull to the haill estait of merchandis'; and the same mode of 
fishing was subsequently interdicted for other reasons elsewhere. Inter- 
ference with the mode of fishing had, however, reference almost exclusively 
to the herring fishing, and need not be here discussed. I may, how- 
ever, refer to one case, which has interest at the present time. In 1632 
King Charles I., who was constantly inspired by an emulation of the 
Dutch, and profoundly desirous of making the fisheries handmaiden to 
the navy, wrote as follows to the Council in Scotland concerning the 
famous herring fishing on the Ballantrae Bank : — ' Whereas we ar in- 
\ formed that the fishing of Ballinlrea doeth verie muche hinder the 
' plenty of herring fishing in the west coasts of that our kingdome and 
* yles thairof, and those parts of Ireland opposite thereunto, by destroying 
1 the fry of herrings at unseasonable times, whiche (as we ar informed) if 
' they wer spared might produce suche plentie in all these coasts as might 
' verie muche advance the intended worke of fishing now established by 
' us for the generall good of all our dominiouns, and speciallie of those 
1 parts. Thairfoir our pleasure is that yow caus proclamatioun to be 
' made discharging the unseasonable fishing thereof in all tyme comming ; ' 
and sureties for the observance of this prohibition were to be taken 
from those accustomed to fish on the Ballantrae Bank. This herring 
spawning ground has formed the subject of legislation more recently, and 
on much the same grounds as in the time of Charles ; and yet we are to 
