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Kay's Originals Vol. 2

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BIOGRAPHICAL SKETCHES. 341 and abusive language took place-bloody encounters ensued-and boats were captured on both sides. It would require the pen of a Dnunmond (Hawthornden) to describe in a proper manner the many bloody conflicts of these sons of Neptune, in which’as much enterprise and heroism were frequently displayed as would have done honour to a more important cause. A scarcitg of fish at first gave rise to these disputes ; but it would appear that the combatants afterwards fought not so much for oysters as for victory. And indeed, what with vinegar on the one part, and pepper on the other, the oysters, upon the whole, were highly seasoned. ‘‘ The Newhaven fishers contend that the community of Edinburgh, whose tacksmen they are, have the sole right to the Green Scalp on the breast of Iuehkeith, and to the Beacon Grounds lying off the Black Rocks. To instruct this right they produce a notarial copy of a charter from King James VI., and likewise a charter from Charles I., 1636, whereinfihings are expressly mentioned. There was also produced a charter in favour of Lady Greenwich,inwhichfihings are comprehended. “On the other hand, the Prestonpans fishers contended that the Newhaven men have encroached on the north shores belonging to the Earl of Morton and burgh of Burntisland, of which they are tacksmen. They accordingly produced an instrument of seisin, dated Nov. 10, 1786, in virtue of which his lordship wm infeft, inter alia, in the oyster scalps in question. They also condescended on a charter granted by King James VI., 1585, to the town of Burntisland, which is on record, and which they say establishes their right. They further contend that the Magistrates of Edinburgh have produced no proper titles to prove their exclusive right to the scalps they have set in tack to the Newhaven fishermen. The charter of King James VI. was resigned by the town in the reign of Charles I. ; and the new charter granted by the latter in 1636 gives no right to the oyster scalps in dispute. The word Jshings, in general, is not contained in the dispositive clause, but only occurs in the Tenendas, like hawkings, huntings, or other words of style, which is of no signification. “ After various representations to the Judge-Admiral, his lordship pronounced an interlocutor ordaining both parties to produce their respective rights to these fishings, and prohibiting them from dredging oysters in any of the scalps in dispute till the issue of the cause. “A petition was presented to his lordship on the 6th January last [1790], by the Newhaven fishers, stating that, by the late interdict, they find themselves deprived of the means of support ing themselves and families, while the Prestonpans fishers are pursuing their usual employment by dredging on other scalps than those in dispute ; and praying his lordship would recal or modify said interdict. Which petition being served on the agent for the east-country fishers, his lordship, by interlocutor of the 5th February last, allowed both parties to dredge oysters upon the scalps they respectively pretended right to ; and before going to fish, to take with them any of the six sworn pilots at Leith, to direct each party where they should fish, to prevent them from encroaching on each other‘s scalps, or taking up the seedlings.’ ” This cause was finally decided by the Judge-Admiral against the Prestonpans fishermen ; but no damages were awarded, and each party had to pay their own expenses. On the breaking out of hostilities with France, the danger which threatened the coast had the effect of diverting the attention of the Newhaven men from their local quarrels ; and they were the first to offer their services as a marine force to guard against the encroachments of the enemy. This well-timed manifestation of public spirit was so highly appreciated, that on the 10th of May 1796, the president of their Society, at a meeting convened fofthe purpose, was presented with a handsome silver medal and chain, in presence of several gentlemen, by the Duke of Buccleuch, who delivered an appropriate speech on the occasion. On one side, the medal contained the following inscription:- “ In testimony of the brave and patriotic offer of the fishermen of Newhaven to defend the coasts against the enemy, this honorav mark of approbation was voted by the county of Mid-Lothian, November 2, 1796.” On the reverse side
Volume 9 Page 453
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