1746 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



birth, and foreign speech, but who, nevertheless, find it convenient 

 as seamen to live in England, where employment is often more easily 

 obtained. Therefore you have aliens living in England as seamen, 

 and by our legislation not always or necessarily excluded from serv- 

 ice on our ships. 



For instance, this statute of 1699 indicates that condition of things. 

 It is perhaps a little inconsistent, but it is clear enough I think. 



The statute begins again with a reference to the general policy of 

 the State: 



" Whereas the trade " 



Now mark that, because this preamble to this statute has a great 

 bearing on the question of fishing as an industry, and the distinction 

 drawn here between catching fish and the trade of fishing is I think 

 better put than I have stated it in my argument 



" ' Whereas the trade of and fishing at Newfoundland is a bene- 

 ficial trade to this kingdom, not only in the employing great numbers 

 of seamen and ships, and exporting and consuming great quantities 

 of provisions and manufactures of this realm, whereby many trades- 

 men and poor artificers are kept at work, but also in bringing into 

 this nation, by returns of the effects of the said fishery from other 

 countries, great quantities of wine, oil, plate, iron, wool, and sundry 

 other useful commodities,' " 



And so on. 



" That from henceforth it shall and may be lawful for all His Maj- 

 esty's subjects residing within this his "realm of England, or the do- 

 minions thereunto belonging, trading or that shall trade to New- 

 foundland, and the seas, rivers, lakes, creeks, harbours in or about 

 Newfoundland, or any of the islands adjoining or adjacent there- 

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

 merchandise and fishery," 



Now there we are giving to our own subjects, not a mere right to 

 catch fish only or to dry and cure them, but we are there giving them 

 the whole industry, the free trade. You may buy your bait as you 

 please, or your seines, and you may buy and sell. Traffic means buy- 

 ing and selling. Art, whatever else it may mean, means the faculty 

 of doing. " Art of merchandise and fishery." All these things you 

 may do freely and without limitation 



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

 rivers, lakes, creeks," 

 And so on. 

 And then it goes on 



" and liberty to go on shore on any part of Newfoundland, or any of 

 the said islands for the curing, salting, drying and husbanding of 

 their fish," 



Now, the word " husbanding " of course is a very well known old- 

 fashioned English word. You may catch your fish, you may dry 



