Storeys of Old.

do or cause any prejudice in the right and proprite of the said landez, pasturez and medues, to the right high and mighty Prince, King of Scotland, our sovereign lord, or any of his subjectts, in any wise and vice versa." (p. 170).

On the 15th August, 1451; 23rd May, 1453, and the 20th July, 1457, similar agreements were entered into. The river Esk from its junction with the Liddel, until its waters pour into the Solway Firth, formerly divided Cumberland from the Debateable land. The inhabitants of the former constructed a dam, or some other obstruction, known as the "fishgarth," by which they captured the migratory fish when attempting to ascend the river, and deprived those living in the neighbourhood of the upper waters of much valuable and nutritious food. The Scottish borderers denied that the English subjects had any right to construct a fixed dam for the purpose of stopping and capturing the fish, and taking the law into their own hands, removed the obstruction. A dispute followed, which we first hear of in 1474, when on the 3rd December it was agreed at Westminster as follows:-

"Touching the fishgaert upon the water of Eske certaine lordes not bordurers, of both parties shall be auctorized by their princes to visite and see the place, and by inquisiton and record taken of the oldest and faithfullest persoones of the Marches there, aswele of the oo [one] partie as of the othir, and by alle othir convenient and resonnable weyes and moyens, they shall enfourme thaym self of the truth, and hough in in old tyme the said fishgaert hath be [en] kepte, and thereuppon pnt thaym in thair devoir to fynyssh and determine that debate and querelle. The lordes of both sides shall mete in the West-marche for this matier, the tenth day of Marche nex to come. Both princes shall wright and gefe stractly in charge to thair subgiettes of either side, that during the said inquisition noon of thaym be so hardy to make any rode dispoille. brennylng or werre upon the othir by occassion of setting upp or taking down of the said fish gaert, nor for noon other matier nr cause; but that the trewes be observed and kept, and that they tnat findeth them self wronged or grieved sue for redresse to their superiors as reason requireth."

On the 20th February, 1474-75, an order was issued to the Bishop of Durham, to treat with the commisioners of Scotland with regard to the right of fishing on the banks of this river. In 1485 we again hear of the fish garth which had been erected by the English and destroyed by the Scottish borderers; further, that an attempt had been made during the reign of Edward, to decide the dispute, and commissioners nominated for that purpose, and that those of Scotland had appeared at the place on the day appointed, but that on account of the non-appearance of the English commissioners the question remained undecided. Vide, Records of Parliament.

Another commission was appointed on the 14th October, 1485, and again on the 26th March, 1487, a new commission was appointed, and on the 14th October, following were empowered to treat with those of Scotland. [Vide, Rotuli Scotiæ, pp. 478-490-493].

On the 23rd October, 1488, on the conclusion of a truce, it was agreed that each sovereign should appoint three persons to inspect the fish garths on the Esk and the bounds of the Debateable lands on the West Marches and that they should meet for that purpose on the 3rd of March following. Commissioners were again appointed on the 12th September, 1490, and the 4th April, 1491, for treating about the fish garth, and on the 9th May, 1491, there was another commission to treat regarding the water of Esk and the boundaries of certain lands in the Marches. Rotuli Scotiæ [Vol. ii, p. 498].