On the other hand, it was too important to be lightly depleted. Therefore under Cecil's Act establishing extra "Fishe Dayes," no fisherman "using or haunting the sea" could be pressed off-hand to serve in the Queen's Navy. The "taker," as the press-master was at that time called, was obliged to carry his warrant to the Justices inhabiting the place or places where it was proposed that the fishermen should be pressed, and of these Justices any two were empowered to "choose out such nomber of hable men" as the warrant specified. In this way originated the "backing" or endorsing of warrants by the civil power. At first obligatory only as regards the pressing of fishermen, it came to be regarded in time as an essential preliminary to all pressing done on land.
No further provision of a special nature would appear to have been made for the protecting of fisher folk from the press until the year 1729, when an exemption was granted which covered the master, one apprentice, one seaman and one landsman for each vessel. [Footnote: 2 George n. cap. 15.] In 1801, however, a sweeping change was inaugurated. A statute of that date provided that no person engaged in the taking, curing or selling of fish should be impressed. [Footnote: 41 George in. cap. 21.] The exemption came too late to prove substantially beneficial to an industry which had suffered incalculable injury from the then recent wars. The press-gang was already nearing its last days.
Prior to the Act of 1801 persons whose sole occupation was "to pick oysters and mussels at low water" were accounted fishermen and habitually pressed as "using the sea."
The position of the smaller fry of fishermen is thrown into vivid relief by an official communique of 1709 as opposed to an incident of later date. "These poor people," runs the note, which was addressed to a naval commander who had pressed a fisherman out of a boat of less than three tons, "have been always protected for the support of their indigent families, and therefore they must not Be taken into the service unless there is a pressing occasion, _and then they will be all forced thereinto_." [Footnote: _Admiralty Records_ 1.2377--Capt. Robinson, 4 Feb. 1708-9, and endorsement.] Captain Boscawen, writing from the Nore in 1745, supplies the antithesis. He had been instructed to procure half a dozen fishing smacks, each of not less than sixty tons burden, for transport purposes. None were to be had. "The reason the fishermen give for not employing vessels of that size," he states, in explanation of the fact, "is that all the young men are pressed, and that the old men and boys are not able to work them." [Footnote: _Admiralty Records_ 1. 1481--Capt. Boscawen, 23 Dec. 1745.]