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Encyclopedia Britannica - Main :: SCY-SHA |
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SEA LAWS , a title which came into use among writers on maritime law in the 16th century, and was applied by them to certain medieval collections of usages of the sea recognized as having the force of customary law, either by the judgments of a maritime court or by the resolutions of a congress of merchants and shipmasters. To the former class belong the sea laws of Oleron, embodying the usages of the mariners of the Atlantic; under the latter come the sea laws of Visby (Wisby), reflecting the customs of the mariners of the North Sea and of the Baltic. The earliest collection of such usages received in England is described in the Black Book of the Admiralty as the " Laws of Oleron," whilst the earliest known text is contained in the Liber memorandorum of the corporation of the City of London, preserved in the archives of their Guildhall. These laws are in an early handwriting of the 14th century, and the title pre-fixed to them is La Cherie d'Oleroun des juggementz de la mier. How and in what manner these " Judgments of the Sea " came to be collected is not altogether certain. Cleirac, a learned advocate in the parlement of Bordeaux, in the introduction to his work on Les Us et coustumes de la mer (Bordeaux, 1647), states that Eleanor of Aquitaine (q.v.), having observed during her visit to the Holy Land that the collection of customs of thesea contained in The Book of the Consulate of the Sea (see CONSULATE OF THE SEA) was held in high repute in the Levant, directed on her return that a record should be made of the judgments of the maritime court of the island of Oleron (at that time a peculiar court of the duchy of Guienne), in order that they might serve as law amongst the mariners of the Western Sea. He states further that Richard I. of England, on his return from the Holy Land, brought back with him a roll of those judgments, which he published in England and ordained to be observed as law. Though R. G. Marsden doubts the story of Richard I. having brought back La Leye Olyroun to England, the general outline of Cleirac's account accords with a memorandum on the famous roll of 12 Edw. III., " De Superioritate Maris Angliae " (for many years preserved in the archives of the Tower of London, now deposited in the Public Record Office). According to this memorandum, the king's justiciaries were instructed to declare and uphold the laws and statutes made by the kings of England, in order to maintain peace and justice amongst the people of every nation passing through the sea of England. The earliest version of these Oleron sea laws comprised certain customs of the sea which were observed in the wine and the oil trade, as carried on between the ports of Guienne and those of Brittany, Normandy, England and Flanders. No English translation seems to have been made before the Rutter of the Sea, printed in London by Thomas Petyt in 1536, in which they are styled " the Lawes of ye Yle of Auleron and ye Judgementes of ye See." French was, in fact, a tongue familiar to the English high court of admiralty down to the reign of Henry VI. A Flemish text, however, appears to have been made in the latter part of the 14th century, the Purple Book of Bruges, preserved in the archives of Bruges, in a handwriting somewhat later than that of the Liber Memorandorum. Prefixed to this Flemish version is the title, " Dit es de Coppie van den Rollen van Oleron van den Vonnesse van der Zee." Certain changes, however, have been made in the Purple Book of Bruges in the names of the ports mentioned in the original
chief
A new and enlarged collection of sea laws, purporting to be an extract of the ancient laws of Oleron, made its appearance in the latter part of the 15th century in Le Grant routier de la mer, printed at Poitiers in France by Jan de Marnef, at the sign of the Pelican. The title-page is without a date, but the dedication, which purports to be addressed by its author, Pierre Garcie, alias Ferrande, to his godson, is dated from St Gilles on the last day of May 1483. It contains forty-seven articles, of which the first twenty-two are identical with articles of the " Judgments of the Sea," in the Liber Memorandorum, the remaining articles being evidently of more recent
Breton
The parent stock of the Visby sea laws would appear to have been a code preserved in the chancery of Lubeck, drawn
sixth
to MSS. of the maritime Ordinances of Amsterdam, and the text of this and of the following articles down to the sixty-fifth inclusive is evidently of Dutch origin and more or less identical with Verwer's text of the usages of Amsterdam: M. Pardessus, in his valuable Collection de loss maritimes, published in Paris before Professor Schlyter made known the result of his researches, justly remarked that the provisions of several articles of this last division of the sea laws are inconsistent with the theory that they originated at Visby. It may be observed that the sixty- sixth
illustration
recent
The question remains to be answered, How did this collection of sea laws acquire the title of the " Visby sea laws " outside the Baltic ? for under such title they were received in Scotland in the 16th century, as may be inferred from extracts from them cited in Sir James Balfour's System of the more Ancient Laws of Scotland, which, although not printed till 1754, was completed before his death in 1583. The text of the Visby sea laws generally current in England is an English translation of a French text which Cleirac published in 1641 in his Us et coustumes de la mer, and is an abbreviated, and in many respects mutilated, version of the original
See Pardessus, Collection de lois maritimes anterieures au X VIIIe sack (6 vols., Paris, 1828-1845) ; Schlyter, Wisby Stadslag och Sjoratt, being vol. viii. of the Corpus furls Sueco-Gotorum Antiqui (Lund, 1853); and The Black Book of the Admiralty, ed. by Sir Travers Twiss (4 vols., London, 1871-1876). An exhaustivelycritical edition of the Rhodian sea law (given in vol. i. of Pardessus) by W. Ashburner, appeared in 1909 (Oxford, University Press). It contains valuable material not only on the Rhodian sea law, but on the various other sea laws in force on the Mediterranean coast. SEAL-FISHERIES. Seals of all descriptions (see SEAL)whether belonging to the typical family Phocidae, or true seals, or to the Otariidae, or sea-lions and sea-bearsare of great commercial value. Whereas, however, the true seals and the sea-lions are hunted only for the sake of their hides and blubber, the sea-bears are sought on account of their valuable " seal skin (see CARNIVORA; also FuR). Walruses (Odobaenidae) are hunted not only for their hides and blubber but also for the ivory of their tusks, which is, however, far less valuable than elephant-ivory. Among the more important species of sea-bears or fur-seals, which yield commercial " seal-skin," may be mentioned Otaria (Arctocephalus) australis of South America and the adjacent islands, including the Galapagos group and Tierra-del-Fuego; O. (A.) antarctica or pusilla of South Africa and the Crozets; O. (A.) gazella of Kerguelen Island; and O. (A.) Forsteri of the coasts of New Zealand and South-Western Australia. This group was widely distributed over the pelagic islands of the southern hemisphere, but is now practically extinct in the greater part of its habitat, although remnants of importance exist on Lobos Island in the mouth of the river Plata in Uruguay , and on the islands off Cape Horn, both of which now receive protection from government. A second group is represented by Otaria (Callorhinus) ursina of the Commander
Of the southern herds little authentic information exists, but the records for the northern herds are fairly complete. At the period of its maximum development, 187o to 188o, the herd of the Pribiloff Islands numbered about 21 million animals; that of the Commander
The breeding-grounds are boulder-strewn beaches or rocky hill slopes near the shore. On these the sea-bears congregate in close-set masses called " rookeries." The unit of rookery life is the family group, or " harem," each bull collecting as many females as he can control. The number ranges from 1 to too or more, averaging about 30. The bulls reach the islands early in May and take up their places. The cows begin to arrive the first week in June. The number on the rookeries from day to day grows steadily to a climax about the middle of July, when about one-half are present, the number actually on the ground diminishing to about one-fourth at and after the close of the breeding season with the end of July. The single young, or pup (kotik), weighing io to 12 lb and jet black in colour, is born within six to forty-eight hours after the arrival of the cow. Within a week the latter is served by the bull, and by the end of another week she goes to sea to feed, returning at gradually lengthening intervals through the summer to nourish her young, left in the meantime to care for itself on the rookeries. The bulls, having fasted since their arrival in May, go away in August to feed. The pups learn to swim at the age of a month or six weeks, and in November, with the approach of winter, swim away with their mothers to the south. The winter migration of the 538 Pribiloff seals extends as far south as the latitude of southern California, the return course following the coast. The Commander seals reach the latitude of southern Japan and return on their course. The fur-seals find their food, chiefly squid, Alaska pollack, and especially a small smelt-like fish (Therobromus callorhini), in deep water, and their feeding-grounds in Bering Sea and on the migrations lie mainly along the 1oofathom curve. The Commander Islands were discovered by Vitus Bering in 1741, and our first knowledge of the northern fur-seal herds comes from the notes of Georg Wilhelm Steller, a German naturalist accompanying Bering's expedition. The Pribiloff Islands were discovered in 1786 and transferred with the territory of Alaska to the United States in 1867. Up to 1867 the catch taken by the Russian Company holding the Alaska monopoly was about 75,000 yearly. Between 1868 and 1897 the reported catch of seals from the Pribiloff herd on land was 2,440,213, and 651,282 were reported as taken by pelagic sealing; but the latter is certainly greatly under the truth. From 1867 to 1902 the fur-seal catch was worth, it has been estimated, about $35,000,000. From 1870 to 1890 the United States government leased the islands to the Alaska Commercial Company, and in 1890 the monopoly passed to the North American Commercial Company; this lease expired on the 1st of May 191o, and was not to be renewed. The catch was limited to 6o,000 in 1890 and 1891; 7500 in 1892 and 1893; 20,000 in 1894; 15,000 in 1895, 20,000 in 1897; 30,000 in 1896, 1898-1903; and 15,000 in 1904, 1905 and 1906. The total number of skins shipped by the lessees from 1870 to 1906 was 2,135,248. From 1868 to 1906 the receipts from royalties on skins was $9,311,054.77, and the expenses of the United States were $1,353,015.53 (including $349,464.88 for agents, $2J4,051.49 for supplies to natives, $483,842'65 for Bering Sea awards and commission, and $41,000.31 for investigation of the fur-seal fisheries in 1898-1899); besides this, from 1890 to 1895 the government expended $1,410,722 for the policing of Bering Sea and the prevention of illegal pelagic hunting. The Russians worked out the principle, based on the polygamous habit of the animals, of affording absolute protection to the breeding Lands female herd, and confining the killing to the superfluous 1 and and males. The young males, or bachelors, " haul out " to Pew rest and sleep on beaches adjacent to, but distinct from, sealing. the breeding-grounds. Here they are surrounded at night by the sealing gangs, rounded up in droves of from woo to 3000, and driven inland to the killing-grounds. The large droves are broken up into successive " pods,' or groups, of from 20 to 5o, of which the " killable " seals (animals of three years of age or approximating to such in size) are knocked down with clubs, those too large or too small being allowed to escape. The skins are removed, salted in kenches and, when cured, are exported. The two important processes in dressing the skins are the removal of the long hairs which grow out through the short thick fur, and the dyeing of the fur itself black. The decline in the fur-seal herds of Bering Sea isdue to the growth of a rival sealing industrythe hunting of the animals at sea with spear or shot-gun, known as pelagic sealing., Stragglers from the migrating herd had from the earliest times been taken by the Indians of Cape Flattery and Vancouver Island, going out from the shore in their canoes, but the number so captured was small. In 1879, however, sailing vessels began to be used to carry the hunters and their canoes out to the main body of the herd, and to enable them to follow its movements. The industry developed rapidly, by 1892 employing a fleet of 122 sailing vessels, each with from five to twenty hunting crews. The catch at sea grew to a maximum in 1894 of 140,000 skins. The operations of the fleet gradually extended to cover the entire migration route of the herd, and in 1883 the sealers entered its summer feeding-grounds in Bering Sea. Pelagic hunting, necessarily indiscriminate, affected most seriously the herd of breeding females. Investigations carried on in Bering Sea in 1895 and 1896 show that from 62 to 84% of the pelagic catch were of this class, the death of the female involving the death of her unborn offspring, as well as that of the unweaned young. From 187o to 1902 the " pelagic " catch has been estimated (Jordan) as 1,000,000, nearly half the corresponding total for the land-catch. The abuse of pelagic sealing naturally created much indignation 1 A temporary cause for the shrinkage of the herd was the ravages of the Uncinaria, a worm which attacked the infant seals; in 1906 it seemed no longer to be present.in America. Under sanction of a claim made by Russia in 1821 to exclusive jurisdiction in Bering Sea (a claim decided by the Paris Tribunal of 1893 to be untenable), the United States in 1886 seized sealing vessels operating in that seaamong them Canadian vessels. This brought on a diplomatic discussion with the British government, which culminated in 1892 in a treaty by which it was agreed to submit to arbitration the claims of the United States to jurisdiction in Bering Sea in the interests of her fur-seal herd when beyond the ordinary territorial limits. The Tribunal of Arbitration met in Paris in 1893 (see BERING SEA ARBITRATION). Its decision was adverse to the contentions of the United States, and equally adverse to the life of the fur-seal herds. As agreed upon in such event, the tribunal formulated a set of rules for the regulation of pelagic sealing, with a view to the protection of the seals. These regulations provided for a close season in May, June and July, and a protected zone of 6o m. radius about the breeding islands. The regulations failed of their object, because the breeding females do not feed within the protected area, but far outside, and are therefore taken without restriction on the feeding-grounds in August and September, their young being left to starve. In 1896 it was agreed between the United States and Great Britain that a new investigation of the facts of seal life should be made. At the close of this inquiry in 1897 the two Commissions met in Washington as a Joint Conference bf Fur Seal Experts, and after a discussion of the results of their labours, a substantial agreement was reached on all essential facts. On the basis of this agreement the fur-seal question passed into the hands of a Joint High Commission, representing Great Britain, the United States and Canada, called at Quebec in September 1898 to consider a number of questions at issue between the United States and Canada. There the matter rested. Meanwhile the herds continued to decline, and the pelagic catch itself fell rapidly with the depleted herds The following is a summary of the fur skins from various sources over the period 1743 to 1897: From all sources prior to 1868 3,197,154 Land sealing, 1868-1897, Pribiloff herd . 2,440,213 Commander herd . 942,736 Pelagic sealing, 1868-1897, Pribiloff herd 651,282 Commander herd 312,247 Lobos Island skins 316,746 Cape Horn skins 122,390 Grand Total . . 7,982,768 For a full account of the fur-seals and the fur-seal industries, reference should be made to the reports of D'Arcy W. Thompson, Commissioner for Great Britain, and his associates, for 1896 and 1897 (Parliamentary Papers, " United States," No. 3 [1897], and No. I [1898]), and especially to the final report of David S. Jordan, Commissioner for the United States, and his associates, for the same years (Treasury Department Document No. 2017, Fur Seals and Fur Seal Islands of North Pacific Ocean, 4 vols. and atlas, Washington, 1898). Other papers of importance are: H. W. Elliott's " Monograph of the Seal Islands of Alaska," Bull. 147, U.S. Fish Commission (1882), and the report of C. H. Merriam and T. C. Mendenhall, the American Commissioners for 1891, Proc. Paris Arbitration, ii. 311-396. End of Article: SEA LAWS If you wish, you can link directly to this article.
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