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See also:SEA See also:LAWS , a See also:title which came into use among writers on maritime See also:law in the 16th See also:century, and was applied by them to certain See also:medieval collections of usages of the sea recognized as having the force of customary law, either by the judgments of a maritime See also:court or by the resolutions of a See also:congress of merchants and shipmasters. To the former class belong the sea laws of See also:Oleron, embodying the usages of the mariners of the See also:Atlantic; under the latter come the sea laws of See also:Visby (Wisby), reflecting the customs of the mariners of the See also:North Sea and of the Baltic.
The earliest collection of such usages received in See also:England is described in the See also:Black See also:Book of the See also:Admiralty as the " Laws of Oleron," whilst the earliest known See also:text is contained in the See also:Liber memorandorum of the See also:corporation of the See also:City of See also:London, preserved in the archives of their See also:Guildhall. These laws are in an See also:early See also:handwriting of the 14th century, and the title pre-fixed to them is La Cherie d'Oleroun See also: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 See also:advocate in the See also:parlement of See also:Bordeaux, in the introduction to his See also:work on See also:Les Us et coustumes de la mer (Bordeaux, 1647), states that Eleanor of See also:Aquitaine (q.v.), having observed during her visit to the See also:Holy See also:Land that the collection of customs of the
sea contained in The Book of the Consulate of the Sea (see CONSULATE OF THE SEA) was held in high repute in the See also:Levant, directed on her return that a See also:record should be made of the judgments of the maritime court of the See also:island of Oleron (at that See also:time a See also:peculiar court of the duchy of See also:Guienne), in See also:order that they might serve as law amongst the mariners of the Western Sea. He states further that See also:Richard I. of England, on his return from the Holy Land, brought back with him a See also:roll of those judgments, which he published in England and ordained to be observed as law. Though R. G. See also:Marsden doubts the See also:story of Richard I. having brought back La Leye Olyroun to England, the See also:general outline of Cleirac's See also:account accords with a memorandum on the famous roll of 12 Edw. III., " De Superioritate See also:Maris Angliae " (for many years preserved in the archives of the See also:Tower of London, now deposited in the Public Record See also:Office). According to this memorandum, the See also: The earliest version of these Oleron sea laws comprised certain customs of the sea which were observed in the See also:wine and the oil See also:trade, as carried on between the ports of Guienne and those of See also:Brittany, See also:Normandy, England and See also:Flanders. No See also:English See also:translation seems to have been made before the Rutter of the Sea, printed in London by See also: Of these customs of Amsterdam, or, as they were more generally styled, " Ordinances of Amsterdam," further mention is made below.
A new and enlarged collection of sea laws, purporting to be an See also:extract of the See also:ancient laws of Oleron, made its See also:appearance in the latter part of the 15th century in Le See also: A Saxon or See also:Low See also:German text of this collection was printed for the first time in 1505 at See also:Copenhagen by See also:Godfrey de Gemen, a native of See also:Gouda in See also: Nevertheless, Godfrey de Gemen's edition of 1505, which breaks off in the See also:middle of the sixty-sixth article of the MS., has the following colophon: " Here end the Gotland sea laws, which the community of merchants and skippers have ordained and made at Visby, that all men may regulate themselves by them. Printed at Copenhagen, A.D. M.D.V." The question naturally suggests itself, To what MS. was Godfrey de Gemen indebted for this colophon, or is the alternative more probable that he devised it ? There is no known MS. of this collection of an earlier date to which an See also:appeal can be made as an authority for this colophon; on the contrary, the only known MSS. of which the date is earlier than Godfrey de Gemen's print, both of which are in the library of the university of Copenhagen, are without this colophon, and one of them, which purports to have been completed at See also:Nykoping on the See also:Eve of the Visitation of the Virgin in 1494, concludes with a colophon which precludes all See also:idea that anything has been omitted by the See also:scribe, viz., " Here ends this book, and may See also:God send us His See also:grace, See also:Amen." We are disposed to think that Gemen himself devised this colophon. He was engaged in printing for the first time other collections of laws for the Danish See also:government, and, as Gotland was at that time a See also:possession of Den-See also:mark, he may have thus distinguished the sea laws from another collection, namely, of land laws. Professor Schlyter, however, believes Gemen may have borrowed it from a MS. which is lost, or at all events is not known. There is some support to this view in the tact that in the archives of the guildhall of Lubeck there is pre-served a MS. of 1533 which contains a Low German version of the same collection of sea laws, with a See also:rubric prefixed to the first article announcing them to be " the water law or sea law, which is the See also:oldest and highest law of Visby," and there are See also:good reasons for supposing that the scribe of this MS. copied his text from a MS. other than the Copenhagen MS. The same observation will apply to a second MS. of a similar See also:character preserved in the library of the gymnasium of Lubeck, which purports to have been written in 1537. But as regards the Visby sea laws little reliance can be placed on such rubrics or colophons as proofs of the facts recited in them, though they may be valuable as See also:evidence of the reputed origin of the sea laws at the time when the scribe completed the MS. In See also:illustration of this view it may be stated that in the same See also:year in which the more recent of these two MSS. purports to have been completed—namely 1537—there was printed at Lubeck an enlarged edition of the sea laws consisting of seventy-two articles, being a Low German translation of a Dutch text, in which six additional Dutch laws had been inserted which are not found in the Copenhagen MS., nor have a place in Gemen's text, yet to this edition is prefixed the title, "This is the highest and oldest sea law, which the community of merchants and shipmasters have ordained and made at Visby, that all persons who would be secure may regulate themselves by it." Further, it has an introductory clause to its See also:thirty-seventh article—" This is the ordinance which the community of skippers and merchants have resolved upon amongst themselves as ship law, which the men of See also:Zeeland, Holland, Flanders hold, and with the law of Visby, which is the oldest ship law." At the end of the seventy-second article there follows this colophon: " Here ends the Gotland sea law, which the community of merchants and mariners have ordained and made at Visby, that each may regulate himself by it. All See also:honour be to God, MDxxxvir." Each article of this edition has prefixed to it after its particular number the word " belevinge " (See also:judgment). It would thus appear that the Visby sea laws have fared like the Oleron sea laws: they have gathered bulk with increasing years. 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 See also:Scotland in the 16th century, as may be inferred from extracts from them cited in Sir See also: Among the more important See also:species of sea-bears or fur-seals, which yield commercial " seal-skin," may be mentioned Otaria (Arctocephalus) australis of See also:South See also:America and the adjacent islands, including the Galapagos See also:group and Tierra-del-Fuego; O. (A.) antarctica or pusilla of South See also:Africa and the Crozets; O. (A.) gazella of Kerguelen Island; and O. (A.) Forsteri of the coasts of New Zealand and South-Western See also:Australia. This group was widely distributed over the pelagic islands of the See also:southern hemisphere, but is now practically See also:extinct in the greater part of its See also:habitat, although remnants of importance exist on Lobos Island in the mouth of the See also:river See also:Plata in See also:Uruguay, and on the islands off Cape See also:Horn, both of which now receive See also:protection from government. A second group is represented by Otaria (Callorhinus) ursina of the See also:Commander Islands and Pribiloff Islands in See also:Bering Sea, Robben Island and the Kurile Islands, Sea of See also:Okhotsk, and other parts of the North Pacific; the forms from the different islands having received distinct specific names. Of the southern herds little See also:authentic See also:information exists, but the records for the northern herds are fairly See also:complete. At the See also:period of its maximum development, 187o to 188o, the See also:herd of the Pribiloff Islands numbered about 21 million animals; that of the Commander Islands about one-See also:half as many. The herd in the Sea of Okhotsk is one of minor importance, numbering in 1897 less than r000 animals on Robben Island. All these herds became greatly reduced, and in 1896-1897 numbered in all not more than 600,000 animals. The typical adult male or See also:bull (sikatch) of the second group attains maturity about the seventh year, and weighs from 400 to 500 lb. It is 6 ft. in length, with a girth of 41 ft. The fur is blackish or dark See also: The bulls, having fasted since their arrival in May, go away in See also:August to feed. The pups learn to swim at the age of a See also:month or six See also:weeks, and in See also:November, with the approach of See also:winter, swim away with their mothers to the south. The winter See also:migration of the 538 Pribiloff seals extends as far south as the See also:latitude of southern See also:California, the return course following the coast. The Commander seals reach the latitude of southern See also:Japan and return on their course. The fur-seals find their See also:food, chiefly squid, See also:Alaska See also:pollack, and especially a small See also:smelt-like See also:fish (Therobromus callorhini), in deep water, and their feeding-grounds in Bering Sea and on the migrations See also:lie mainly along the 1oofathom See also:curve. The Commander Islands were discovered by See also: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 See also:United States in 1867. Up to 1867 the catch taken by the See also:Russian See also:Company holding the Alaska See also: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 See also: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 See also:American Commercial Company; this See also: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 See also: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 See also: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 See also:hunting. The Russians worked out the principle, based on the polygamous See also:habit of the animals, of affording See also:absolute protection to the breeding Lands female herd, and confining the killing to the superfluous 1 and and See also:males. The young males, or bachelors, " haul out " to See also:Pew See also:rest and See also:sleep on beaches adjacent to, but distinct from, sealing. the breeding-grounds. Here they are surrounded at See also: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 See also:groups, of from 20 to 5o, of which the " killable " seals (animals of three years of age or approximating to such in See also:size) are knocked down with clubs, those too large or too small being allowed to See also: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 See also:dyeing of the fur itself black. The decline in the fur-seal herds of Bering Sea isdue to the growth of a See also:rival sealing See also:industry—the hunting of the animals at sea with See also:spear or shot-See also:gun, known as pelagic sealing., Stragglers from the migrating herd had from the earliest times been taken by the See also:Indians of Cape Flattery and See also: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 See also:main See also:body of the herd, and to enable them to follow its movements. The industry See also:developed rapidly, by 1892 employing a See also:fleet of 122 sailing vessels, each with from five to twenty hunting crews. The catch at sea See also:grew to a maximum in 1894 of 140,000 skins. The operations of the fleet gradually extended to See also: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 (See also: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 See also:worm which attacked the See also:infant seals; in 1906 it seemed no longer to be present.in America. Under See also:sanction of a claim made by See also: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 sea—among them See also:Canadian vessels. This brought on a See also:diplomatic discussion with the See also:British government, which culminated in 1892 in a treaty by which it was agreed to submit to See also:arbitration the claims of the United States to jurisdiction in Bering Sea in the interests of her fur-seal herd when beyond the See also: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 See also:zone of 6o m. See also:radius about the breeding islands. The regulations failed of their See also:object, because the breeding females do not feed within the protected See also:area, but far outside, and are therefore taken without restriction on the feeding-grounds in August and See also:September, their young being left to starve. In 1896 it was agreed between the United States and Great See also: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 See also:Washington as a See also:Joint See also: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 See also:Canada, called at See also: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 See also:fell rapidly with the depleted herds The following is a See also:summary of the fur skins from various sources over the period 1743 to 1897: From all sources See also: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 See also:Grand Total . . 7,982,768 For a full account of the fur-seals and the fur-seal See also:industries, reference should be made to the reports of D'Arcy W. See also:Thompson, See also:Commissioner for Great Britain, and his associates, for 1896 and 1897 (See also:Parliamentary Papers, " United States," No. 3 [1897], and No. I [1898]), and especially to the final See also:report of See also:David S. Jordan, Commissioner for the United States, and his associates, for the same years (See also:Treasury See also:Department Document No. 2017, Fur Seals and Fur Seal Islands of North Pacific Ocean, 4 vols. and See also:atlas, Washington, 1898). Other papers of importance are: H. W. See also: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. Additional information and CommentsThere are no comments yet for this article.
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