1526 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Newfoundland, or any of the islands adjoining or adjacent thereunto, 

 to have, use, and enjoy the free trade and traffic, and art of merchan- 

 dise and fishery, to and from Newfoundland, and peaceably to have, 

 use, and enjoy, the freedom of taking bait and fishing in any of the 

 rivers, lakes, creeks, harbours, or roads, in or about Newfoundland, 

 and the said seas, or any of the islands adjacent thereunto, and lib- 

 erty to go on shore on any part of Newfoundland, or any oi the said 

 islands for the curing, salting, drying, and husbanding of their fish, 

 and for making of oil, and to cut down woods and trees there for 

 building and making or repairing of stages, ship-rooms, train-vats, 

 hurdles, ships, boats, and other necessaries for themselves and their 

 servants, seamen, and fishermen, and all other things which may be 

 useful or advantageous to their fishing trade, as fully and freely as 

 at any time heretofore hath been used or enjoyed there by any of the 

 subjects of His Majesty's Royal predecessors, without any hindrance, 

 interruption, denial or disturbance of or from any person or persons 

 whatsoever; and that no alien or stranger whatsoever (not residing 

 within the kingdom of England, dominion of Wales, or town of Ber- 

 wick upon Tweed) shall at any time hereafter take any bait, or use 

 any sort of trade or fishing whatsoever in Newfoundland, or in any 

 of the said islands or places above-mentioned." 



To whom is that statute directed ? To the ship-owners engaged in 

 trade at Newfoundland and in the trade of fishing. The matter of 

 trade and of fishing are coupled together. The regulations relate to 

 them both. The business of fishing, the enterprise of fishing, is 

 coupled with the business and enterprise of trade and with the com- 

 merce of Great Britain, and the merely incidental mention of their 

 servants, seamen and fishermen, shows that it was not the servants, 

 seamen or fishermen that were being considered or dealt with, but that 

 the trade in which they were employed, the benefit of which was to be 

 preserved to His Majesty's subjects. 



Turning over to the next page the word " trade " is used through- 

 out, showing that the " enterprise," the capital invested, the profit 

 and benefit which were to come back to these particular parts of the 

 British dominions as the result of this trade and traffic was the only 

 object of the legislation, without the slightest thought of fixing 

 who the members of the fishing crews should be. Those were the 

 " servants, seamen and fishermen." 



JUDGE GRAY : They carried on the trade by means of servants and 

 fishermen ? 



MR. ELDER: Precisely. But on p. 526, section 9, the statute does 

 provide something with regard to the crews : 



"And be it further enacted by the authorities aforesaid, That 

 every master of a by-boat or by-boats shall carry with him at least 

 two fresh men in six (viz.) one man that hath made no more than 

 one voyage, and one man who hath never been at sea before; and 

 that every inhabitant shall be obliged to employ two such fresh 

 men "- 



And so on. 



