1744 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



that. Sometimes the limitation was put on the vessel as it left the 

 port, you must start with three-fourths. Sometimes it is more gen- 

 eraly expressed that you must have three- fourths, which means that 

 you must start perhaps with rather more. 



Now, Mr. Elder, in the first statute he cited overlooked the fact T 



think that he was dealing with a statute which concerned the whole 



of our trade, and he drew attention to it. He said : " Here is a 



statute which says you may have three-fourths of the crew English, 



or rather three-fourths of the crew must be English," and 



1055 from that he drew the inference that the other quarter may be 



foreigners, and therefore that foreigners were allowed to go 



freely into Newfoundland. 



That was not an accurate inference when one looks at the statute. 

 It is the statute of 1660. That is the one he referred to as giving the 

 three-fourths proportion. It is on p. 514 of the British Case Ap- 

 pendix : 



" For the increase of shipping and encouragement of the navigation 

 of this nation," 



There is the general policy expressed in the opening words : 



" wherein, under the good providence and protection of God, the 

 wealth, safety and strength of this Kingdom is so much concerned; 

 (2) Be it enacted by the King's Most Excellent Majesty, and by the 

 Lords and Commons in this present Parliament assembled, and by 

 the authority thereof, that from and after the first day of December, 

 one thousand six hundred and sixty, and from thence forward, no 

 goods or commodities whatsoever shall be imported into or exported 

 out of any lands, islands, plantations or territories to His Majesty 

 belonging or in his possession, or which may hereafter belong unto 

 or be in possession of His Majesty, his heirs and successors, in Asia, 

 Africa, or America," 



So that it is a purely general statute. 



" in any other ship or ships, vessel or vessels whatsoever, but in such 

 ships or vessels as be truly and without fraud belong only to the 

 people of England or Ireland, Dominion of Wales or town of Ber- 

 wick upon Tweed," 



It did not include the Scotch people. This is in 1660, and we had 

 not got the Union then. It includes, oddly enough, this little town 

 Berwick-upon-Tweed, which is just between England and Scotland, 

 and which has preserved its status apparently as an independent 

 territory. It is treated as if it were one of the Great Powers, but it 

 is a little village down on the borders of the two kingdoms. 



It is to apply only to people in these places 



" or of the built of and belonging to any of the said lands, islands, 

 plantations or territories, as the proprietors and right owners thereof, 

 and whereof the Master and three fourths of the Mariners at least 

 are English ;" 



