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exactitude on the tangled subject of the Laws of Oleron[1] and the sea-law of the Middle Ages. But, at least, the author is clear in his own mind regarding the content of the claim to the lordship of the 'seas environing England'.[2] The kings of England have successively had the 'Soveraigne guard of the Seas', and definite and substantial rights and powers have been attached to that sovereignty. They 'have imposed taxes and tributes upon all ships passing[3] and fishing therein'. They 'have stopped, and opened the passage thereof, to strangers as they saw cause'. 'All wrecks and Royall fishes therein found are originally due and doe belong unto them.'[4] The author treats concisely of the rights and incidents involved in
- ↑ The Soveraignty of the British Seas, pp. 48–50: 'the famous Lawes of Olleron (which after the Rhodian Lawes were antinquated and absolete) have now well near 500 yeares been received by all the Christian world for regulating Sea affaires, and deciding Maritime controversies.' For mediaeval sea laws, their origins, descent, and connexions, the English work of authority is Travers Twiss, The Black Book of the Admiralty (Rolls Series), 4 vols. (1871–6). In the Introduction to the second volume there is a sketch of the 'Growth of Modern Maritime Law'. A reading of this may with advantage be preceded by the reading of the Introduction to the third volume, treating especially of the Laws of Oleron and of the Consulate of the Sea. The author's object in the fourth volume was to bring together the oldest texts of all the more important collections of mediaeval sea laws, that 'have come into use since the Rhodian Laws have ceased to be the governing Sea Laws of the civilised world'. He draws attention to 'two simple circumstances' that have proved hard obstacles to inquirers into the authenticity of any body of mediaeval sea laws: '(1) that the text of the laws has been modernised from time to time to make them more intelligible to successive generations; (2) that additions have been made to the collective body of laws from time to time to increase the usefulness of the collection.' 'The Judgments of Oleron supply a striking instance of the process of enlargement, to which an ancient collection of laws may be subject in the course of time.' Op. cit., iv, p. cxi.
- ↑ p. 54.
- ↑ The word is printed 'passign', p. 56. There are many misprints in the book, especially in the extracts in French.
- ↑ pp. 56–7.
