CHAPTER XII.

Increase of the English fleet, A.D. 1066—Its participation

in the Crusades to the Holy Land—Departure of the English

expedition—Arrival at Messina—Number of ships—Their order

of sailing—Arrival at, and capture of, Acre, 10th June,

1191—Richard returns to England—Maritime laws founded on the

“Rôles d’Oleron”—Power to pledge ship and tackle—The sailors

consulted—Laws relating to hiring—Drunkenness—Sickness—Damage

to ship and cargo—Quarrels—Mooring of ships—Partnership in

freight—Food—Obligation to carry the ship to her destination—Rules

as to sailors—Demurrage—Bottomry—A bad pilot forfeited his

head—Punishments—Shares in fishing vessels—Wreckers—Jetsam and

flotsam—Royal fish—Timber of wrecks—Remarks on these laws—Code

of Wisby—Magna Charta, A.D. 1215—Henry III., A.D. 1216—Naval

actions—Cinque Ports—Increase of piracy—Measures for its

suppression—Treaty of commerce with Norway, A.D. 1217, and

facilities afforded to foreign merchants—English merchants first

open trading establishments abroad—Origin of the Hanseatic League,

A.D. 1241—Corporate seals—Sandwich—Poole—Dover—Faversham—Stanhope,

vice-admiral of Suffolk—Duties of the Cinque Ports—Increased

privileges to foreign merchants—Letters of marque first issued—Law

for the recovery of debts, and adjustment of average—Shipping

of Scotland, A.D. 1249—Extremely liberal Navigation Act—Chief

ports of England, and extent of its shipping and commerce—Edward

II., A.D. 1307-1327—Edward III., A.D. 1326-7-1377—Extension of

English commerce—The discovery of coal—First complete roll of the

English fleet, A.D. 1347—Quota of different ports—Pay of soldiers,

sailors, &c.—War renewed, A.D. 1354—Death of Edward III., A.D.

1377—State of the merchant navy during his reign—Loss sustained by

war, and encouragement afforded thereby to foreign nations—Rapid

increase of the trade of Flanders—Trade between Italy and

Flanders—Commercial importance of Bruges and Antwerp—Wealth of

Flanders, and extent of its manufactures and commerce—Special

privileges to her merchants—Progress of the Hanseatic League, and

its system of business: its power too frequently abused.

[Sidenote: Increase of the English fleet, A.D. 1066.]

The accession of William the Conqueror to the throne of England

produced important changes in the maritime affairs of that country,

and gave to its over-sea commerce greatly increased security and

stability. In their anxiety to recover the throne of Canute, the

Danes had prepared a fleet for the purpose of invasion, which obliged

the Conqueror to summon to his aid the whole of the naval resources

of the island. Dover, Sandwich, and Romney were each called upon to

provide, at their own expense, twenty vessels, equipped for sea, with

crews of twenty-one men and provisions for fifteen days.[526] Rye and

Winchelsea rendered similar assistance, and in return had conferred on

them privileges similar to those which had been granted to the former

places by Edward the Confessor. These ports were then for the first

time styled the Cinque Ports, by which distinctive title they have ever

since been known. Other ports had also to provide their quota. The

fleet thus provided by the Conqueror was so fully maintained by Rufus,

his second son and successor, that the learned Selden dates England’s

maritime supremacy from that very early period. Still, for more than a

century after the Conquest, her ships seldom ventured beyond the Bay

of Biscay on the one hand, or the entrance to the Baltic on the other;

and there is no record of any long voyages by English ships until the

time of the Crusades, which, whatever they may have done for the cause

of the Cross, undoubtedly gave the first great impetus to the shipping

of England. The number of rich and powerful princes and nobles, who

embarked their fortunes in these extraordinary expeditions, offered

the chance of lucrative employment to any nation which could supply

the requisite amount of tonnage; and English shipowners made great

exertions to reap a share of the gains.

[Sidenote: Its participation in the Crusades to the Holy Land.]

The Earl of Essex appears to have been the first English nobleman

who fitted out an expedition for the Holy Land, while, twelve years

afterwards, Richard Cœur de Lion, on ascending the throne, made vast

levies on the people for the same object; and, with the aid of Philip

II. of France and of other princes, resolved to attempt to save the

Cross from the grasp of the Infidels. Extraordinary exertions were made

throughout both countries to provide the requisite armaments; and,

towards the close of 1189, two fleets had been collected, one at Dover,

to convey Richard and his followers (among whom were the Archbishop of

Canterbury, the Bishop of Salisbury, and the Chief Justice of England)

across the Channel; and a second and still larger one at Dartmouth,

consisting of numerous vessels from Normandy, Poitou, Brittany, and

Aquitaine, for the conveyance of the great bulk of the Crusaders, to

join Richard at Marseilles.

[Sidenote: Departure of the English expedition.]

This expedition from Dartmouth set sail, under the command of Robert

de Sabloil and Richard de Camville, towards the end of April 1190,

and, after a disastrous voyage, showing clearly the incompetence alike

of both officers and ships, succeeded in reaching Lisbon, where they

committed such a series of disgraceful outrages upon the inhabitants,

that seven hundred of them were for a time imprisoned: thence, they

passed on, and at length, on the 22nd of August, reached Marseilles,

from which, after a brief delay for necessary repairs, they followed

the kings to the Straits of Messina, where they were all assembled on

the 14th of September.[527]

[Sidenote: Arrival at Messina.]

Vinisauf[528] has described in glowing language the appearance of

the fleet as it entered Messina. “As soon as the people heard of its

arrival,” he says, “they rushed in crowds to the shore to behold the

glorious king of England, and at a distance saw the sea covered with

innumerable galleys, and the sounds of trumpets from afar, with the

sharper and shriller blasts of clarions, sounded in the rear, and

they beheld the galleys rowing in order nearer to the land, adorned

and furnished with all manner of arms, countless pennons floating in

the wind, ensigns at the ends of the lances, the beaks of the galleys

distinguished by various paintings, and glittering shields suspended

to the prows. The sea appeared to boil with the multitude of the

rowers. The clangour of their trumpets was deafening; the greatest

joy was testified at the arrival of the various multitudes, when thus

our magnificent king, attended by crowds of those who navigated the

galleys, as if to see what was unknown to him, or to be beheld by those

to whom he was unknown, stood on a prow more ornamented and higher than

the others, and, landing, displayed himself elegantly adorned to all

who pressed to the shore to see him.”

[Sidenote: Number of ships.]

It was not, however, till the following year (April 10) that the fleet

actually got under weigh for the Holy Land, numbering one hundred

ships[529] (that is, of a larger kind), and fourteen busses. Each

of the large ships carried, it is said, besides her crew of fifteen

sailors, forty soldiers and forty horses, and provisions for one

twelvemonth. The commander was also aided by fourteen other picked men,

whom the chronicler calls “slaves.” But these, and other accounts of

the capacity of ancient vessels are, like too many of the tales about

shipping, not now reconcilable. We can only account for the numerous

discrepancies as to the size of the vessels and the number of men and

horses embarked, by some misapprehension on the part of the writers,

or by some confusion in their application of the nautical expressions

used by ancient writers, few of whom had any practical knowledge of the

subject.

[Sidenote: Their order of sailing.]

Vinisauf describes the fleet as proceeding in the following order.

Three large ships, filled with soldiers and stores, formed the van.

The second line consisted of thirteen vessels, described as “dromons

and busses;”[530] the third of fourteen vessels; the fourth of twenty;

the fifth of thirty; the sixth of forty, and the seventh of sixty; the

king himself, with all his galleys, forming the eighth line, and thus

bringing up the rear for the better protection, as was considered, of

the whole convoy. The lines were sufficiently near for a trumpet to

be heard from one to the other; and each ship also was near enough to

her consort to communicate by hailing. But though such an order of

sailing might have succeeded during fine weather, the fleet was soon

after dispersed during a gale off Ætna, the crews being “sea-sick and

frightened;” while three ships were wholly lost on the island of Cyprus

and their crews drowned, together with the Vice-Chancellor of England,

whose body was washed on shore, with the Great Seal tied round his neck.

[Sidenote: Arrival at, and capture of, Acre, June 10, 1191.]

[Sidenote: Richard returns to England.]

After the successful capture of Acre, and a truce, as its consequence,

with Saládin, Richard set out for England, where, however, he did not

arrive till 13th March, 1194. On landing at Sandwich, he was received

“amidst the joyful acclamations of his subjects,” or, as we may

presume, of those chiefly who dwelt in the seaport towns; for these

could hardly have failed to greet joyfully a monarch who had opened

out the means of affording ample and lucrative employment to their

shipping and seafaring population. Nor, indeed, were the merchants

less handsomely remunerated; for to them, the progress of the Crusades

procured the opportunity of developing many new and valuable markets

for commercial enterprise.

[Sidenote: Maritime laws founded on the “Rôles d’Oleron.”]

Prevented by the jealousy and the restrictive policy of the Italian

cities, English traders had hitherto not ventured on voyages so

distant as the Levant, the general policy of the republics of the

south throwing various difficulties in the way of foreign shipping.

By the Crusades, however, the eyes of English merchants and mariners

were alike opened to the successful undertakings of the Mediterranean

traders; to them also is largely due the constitution of England’s

first shipping code, based, as this was, on more ancient laws, with

many improvements derived from the increased knowledge due to the

recent experience of her mariners.[531]

[Sidenote: Power to pledge ship and tackle.]

By the first article in these laws a master had power to pledge, with

the advice of his mariners, the tackle of the ship for the necessary

provisions; but could not sell the hull without special authority from

the owners. Previously, it had not been thought safe to entrust any

one with the command of a ship unless he was a part owner or a freeman;

but, by the laws of Richard I., these restrictions were abolished,

and the qualifications and duties of the captain for the first time

defined by statute. Everything on board being placed under the master’s

care, he was required to understand thoroughly the art of piloting

and navigation, that he might control the pilot. In a merchantman,

the first officer was then practically the master, the second, the

pilot;[532] the third, the mate; the fourth, the factor or supercargo;

then followed his assistant, and after him came the accountants,

surgeon, steward, four corporals, cook, gunner, and coxswain, the two

latter having their quarters before the mast with the ship’s crew, but

receiving higher wages.

[Sidenote: The sailors consulted.]

By the second article if a vessel lay in port, waiting for weather and

a wind, the master was instructed, when the time for departure arrived,

to call together his ship’s company and inquire what they thought of

the wind and weather. A difference of opinion arising, he was bound to

be guided by the majority, and was legally responsible, if any accident

happened, to make good damages caused by his unsupported act. It was,

in fact, a standing rule for the master to act with the advice of the

greater part of his ship’s company and of the merchants, if any were on

board.

The third clause provided, that if the ship’s crew should not, unless

under compulsion, do everything in their power to save the vessel and

cargo from shipwreck, they should forfeit their wages. If they saved a

part of the cargo they were sent home, by raising money on the goods so

saved.

The fourth article, relating to salvage, was very similar to that

enacted by the Rhodian law, the allowance of the half, third, or tenth

of the articles saved being regulated according to the depth of the

water out of which they were raised. Any promises extorted by danger

were either void or not too strictly interpreted.

The fifth article provided, that no sailors in port should leave the

vessel without the master’s consent. The practice of the time required

that the sailors should carefully look after everything that related

to the preservation of the ship and goods; and if any damage accrued

by their absence without licence, they were punished by a year’s

imprisonment and kept on bread and water. If any accident happened so

as to cause death, resulting from their absence, they were flogged.

Special punishments were by law, as well as practice, inflicted

for damaging the cargo; and very detailed instructions were given

how certain goods were to be stowed and delivered. The laws in all

cases against desertion were very severe. In some places the sailors

were marked in the face with a red-hot iron, so that they might be

recognised as long as they lived.

[Sidenote: Laws relating to hiring.]

Provision was, however, made for such seamen as ran away by reason of

ill-usage;[533] while in the case of a double engagement, the master

first hiring a sailor was entitled to claim him, and any master

knowingly engaging a hired sailor, was amerced in double the amount of

wages. The sailor became entitled to his discharge on four grounds:

in the event of his being made master or mate of another ship; if he

married, in which case, however, he was obliged to refund what he had

received; if he made any proviso in his articles for quitting the ship;

and if the voyage was concluded, and the ship disarmed and unloaded,

with her sails, tackle, and furniture taken away and secured. Provision

was also made for compensation to the sailor, in the case of a master

giving him his discharge at his pleasure only and without lawful cause.

A master, however, could dismiss a mariner for incompetency, especially

a pilot, and in such cases no wages were payable. Unqualified persons

were in many cases punished for having accepted situations on board for

which they were incompetent; and a sailor proved by two witnesses to

have any infectious distemper, could be put on shore. The law quaintly

laid down that a master might turn away any quarrelsome or thievish,

factious fellow, but as to the latter, “he should have a little

patience to see if he can be brought to reason.”

[Sidenote: Drunkenness.]

[Sidenote: Sickness.]

[Sidenote: Damage to ship and cargo.]

By article sixth, drunkenness, quarrelling, and fighting, were

severally punishable, and mutinous mariners were compelled to refund

their wages. Mariners wounded in the service of the ship were provided

for. The seventh regulation stipulated that in the case of sickness

seizing any of the crew while in the service of the ship, they were

to be sent on shore with a ship’s boy to attend upon them. The eighth

prescribed the formalities to be observed in throwing goods overboard

to lighten the ship, which were much in the same way as had been laid

down in the Rhodian laws. Similarly the proportional average, pound for

pound, payable by each party so damnified, was framed upon the French

law, _livre à livre_. The ninth article applied to the destruction

of the masts and sails, in order to save the ship and cargo; and the

rules to be followed were nearly the same for collecting the averages

as those which are now adopted. The tenth article relates to damage

arising from imperfect dunage, for which the master and mariners were

liable to the merchant in the event of any injury, through neglect in

this respect, to his merchandise.

Article eleventh refers to damage of goods, or loss of wines or other

liquids, by the breaking in of the head of the cask, and generally

to all damage arising from improper stowage. It would appear that

persons, like the present Stevedores, who look to the stowage of the

cargo, existed at a remote period, with the title of _arrimeurs_, or

stowers. They were then paid by the merchant, and their business was

“to dispose the cargo properly, stowing it closely, and arranging the

several casks, bales, boxes, bundles, in such a manner as to balance

both sides, fill up the vacant spaces, and manage everything to the

best advantage.” There was also a class called Sacquiers, who were

very ancient officers. Their business was to load and unload vessels

with cargoes of salt, corn, and fish, to prevent the ship’s crew

defrauding the merchant by false tale, or otherwise cheating him of his

merchandise.

[Sidenote: Quarrels.]

The twelfth article throws great light upon the existing manners of the

sailors of those days. The master having hired his crew was invested

with the duty of keeping peace. He was, in fact, their judge. If any

of them gave the lie to another at a table, where there was wine and

bread, he was fined four _deniers_; but the master himself offending

in that way had to pay a double fine. If any sailor impudently

contradicted the master, he was fined eight deniers; and if the master

struck him, whether with the fist or the open hand, he was required to

bear the stroke; but if he struck more than one blow the sailor might

defend himself; whereas, if the sailor committed the first assault, he

had to pay one hundred _sous_, or lose his hand. It would appear that

the master might call the sailor opprobrious names, and in such case he

was advised to submit, and hide himself in the forecastle out of his

superior’s sight; but if the master followed, the sailor might stand

upon his defence, for the master “ought not to pass into the forecastle

after him.”

The thirteenth article[534] enacted, that, if a difference arose

between the master and the seaman, the former ought to deny him his

mess thrice[535] before he turned him out of the ship. If the latter

offered satisfaction and was refused and turned out of the ship, he

could follow the ship to her port of discharge and claim full wages.

The master not taking any seaman in his stead, in such cases, rendered

himself liable for any damage accruing. The Hanseatic laws required

the master not to give the seamen any cause to mutiny; nor to provoke

them by calling them names, nor wrong them, nor “keep anything from

them that is theirs, but to use them well, and pay them honestly what

is their due.”

[Sidenote: Mooring of ships.]

The fourteenth and fifteenth articles relate to the regulations of

mooring ships, and to injuries sustained through “striking against each

other.” The law of damage is laid down at great length, and buoys, made

of empty barrels, pieces of any description of light wood, baskets,

or any articles which float buoyantly on the top of the water, are

required to be used to prevent accidents and show where the anchors

lie, when in port.

[Sidenote: Partnership in freight.]

The sixteenth clause required the master to ask the crew, when a

ship was ready to load, “Will you freight your share yourselves, or

be allowed for it in proportion with the ship’s general freight?”

and the sailors were there and then bound to answer, and make their

election.[536] If they elected to take their risk, a curious practice

resulted. In the event of taking on board a cask of water instead of a

cask of wine, they might deal with their own stowage as of right; and,

in the event of throwing cargo overboard, to lighten the ship, they had

the privilege of refusing to throw over a cask of water in preference

to a cask of wine. If the water, however, was thrown overboard, the

mariner came in upon the general average; although, by the common law

of England, a tun of water was never rated, pound by pound in value,

with a tun of wine.

[Sidenote: Food.]

By the seventeenth clause the sailors of Brittany were restricted to

one meal a day from the kitchen, while those of Normandy had two meals;

and when the ship arrived in a wine country, the master had to provide

them with wine.[537] The practice of serving out a certain allowance

of food is very ancient, and to prevent jealousies, complaints, and

quarrels on this account, the law prescribed a specified quantity to be

supplied to each man exactly alike. When wine was provided, the mariner

had one meal per day, but when water alone was served out, he had two

meals.

[Sidenote: Obligation to carry the ship to her destination.]

The eighteenth article provided, that when a ship was unladen, the

sailors could demand their freight; but from those of them having

neither bed, chest, nor trunk on board, the master could retain a

portion of their wages, till the vessel was brought back to her final

port of destination. It was ruled that the wages were not due till the

work had been entirely done, unless a special agreement subsisted to

the contrary, for “freight was the mother of wages.”[538]

[Sidenote: Rules as to sailors.]

The rights of sailors hired per day, or week, or month, where freight

was not procurable, were secured by the nineteenth article, which

stipulated that if an engagement was broken off by war, pirates, or the

command of his sovereign, the seaman was entitled to have a quarter

part of his wages for the full term of his engagement.

The twentieth clause provided that, when in a foreign port, only two

sailors from the ship might go on shore at a time, and take with them

one meal of victuals, “as much as they can eat at once,” but no drink.

They were bound to return to the ship in season, so as not to lose a

tide, and they were held responsible for any damage resulting from

their default.

[Sidenote: Demurrage.]

The twenty-first clause related to detentions, and provided for the

payment of demurrage. If a merchant, having freighted a ship, did not

load her by the time appointed, he was bound to make compensation for

such delay, and the sailors were entitled to a fourth part of the

amount; the remainder being allotted to the master, he finding the

crew in provisions. Formerly, eight days were allowed the merchant to

unload, which afterwards was extended to fifteen. But that did not

affect the payment of freight, which was required to be paid in eight

days, whether the ship was discharged or not. The master could not

detain the goods on board for freight, but when in a boat or lighter,

he was entitled to stop them until he was satisfied.

[Sidenote: Bottomry.]

The twenty-second clause relates to selling goods on board, to provide

for the ship, in which the laws of bottomry were enforced.[539]

[Sidenote: A bad pilot forfeited his head.]

The twenty-third clause was a frightful instance, copied from the

so-called Rhodian laws,[540] of barbarous legislation. It enacted

that if a pilot, or “lockman,”[541] for such was the term applied to

harbour pilots, undertook to carry a vessel into port, and the vessel

miscarried through his ignorance, and he had no means to make good the

damage, or otherwise render full satisfaction, he was condemned to

lose his head.[542] While the twenty-fourth clause actually gave the

master, or any of the mariners, or merchants on board, power to cut off

the head of the offender without being bound in law to answer for it;

they were only required to be very certain that the unlucky lockman who

was hired at every river to guide the ship, in order to avoid rocks,

shelves, shoals, and sand-banks, had not wherewith to make pecuniary

satisfaction.

[Sidenote: Punishments.]

The twenty-fifth clause aimed at altering “the unreasonable and

accursed custom” of lords of the coast, where a vessel was wrecked,

claiming and seizing the third or fourth part of the ship, leaving

only the remainder to the master, the merchant, and the mariners.

“Therefore, all pilots who, in connivance with the lords on the coast,”

or to ingratiate themselves with such nobles, ran the ship on shore,

were doomed to a most rigorous and unmerciful death on “high gibbets

near the place where these accursed pilots brought the ship to ruin,

which said gibbets are to abide and remain to succeeding ages on that

place, as a visible caution to other vessels that sail thereby.” The

lords or others, who took away any of the goods, were also declared to

be “accursed,” and were frequently punished as “robbers and thieves.”

Indeed the twenty-sixth clause declared that, “If the lord of the

place be so barbarous as not only to permit such inhuman people, but

also to maintain and assist them in such villanies, so that he may have

a share in such wrecks, the said lord shall be apprehended, and all

his goods confiscated and sold, in order to make restitution to the

parties, and himself be fastened to a post or stake in the midst of his

own mansion-house, which being fired at the four corners, all shall

be burned together; the walls thereof shall be demolished, the stones

pulled down, and the place converted into a marketplace for the sale of

hogs and swine only, to all posterity.”[543]

The frightful severity of this punishment was adopted to stop even

greater barbarities inflicted upon wrecked mariners, in addition

to the plundering of the ship and cargo. Neither the Gauls nor

Britons hesitated to sacrifice strangers cast on their shores; and,

unfortunately, the piracies of the Scandinavians and the Normans had

the effect of perpetuating this sanguinary custom. Foreigners cast

on shore were too frequently immediately despatched, and the right

of plundering a wrecked ship extended alike to friend and foe. The

execution of pirates, and such as were condemned for crimes committed

on the high seas, and their being left to hang in chains by the water

side, has survived in practice even to the present century.

Clause twenty-seven relates to the adjustment of losses by any accident

resulting from an inferior outfit, and stipulates that when a vessel

arrived at her port of discharge, she was to be hauled up on dry

ground, the sails taken down, and everything properly stowed away; and

that then the master ought to consider an increase of wages, “kenning

by kenning.”[544]

[Sidenote: Shares in fishing vessels.]

The twenty-eighth, twenty-ninth, and thirtieth clauses adjust the

respective shares of fishing vessels, when several were working in

partnership, and provide that in the case of the loss of one vessel,

the representatives of the parties who had perished could claim their

quota of the fish caught as well as of the fishing instruments. They

further relate to the salvage of shipwrecked vessels, in which the

right of all shipwrecked persons to their goods is fully maintained;

and refer to derelict ships and goods whose owners have been drowned,

stipulating that such goods be kept a year, and if not claimed in that

time be vested in the Church under certain conditions.

[Sidenote: Wreckers.]

The thirty-first clause provides that any wreckers who plundered a

ship, or who, “more barbarous, cruel, and inhuman than mad dogs, did

sometimes, to gain their apparel, monies or goods, murder and destroy

poor distressed seamen; in this case, the lord of the country ought

to execute justice on such wretches, to punish corporally as well as

pecuniarily, to plunge them in the sea till they be half dead, and then

to have them drawn from the sea and stoned to death.”

[Sidenote: Jetsam and flotsam.]

The thirty-second to the thirty-sixth articles inclusive refer to the

laws of jetsam and flotsam, and provide that goods thrown overboard

to preserve the ship and cargo do not change their proprietorship.

Whilst the thirty-seventh clause relates to strays of the sea, such as

whales[545] and other oil-fish, stipulating that if a man on horseback

could reach the stray with his lance it was deemed a royalty belonging

to the lord. But if the fish was found farther off the shore, the lord

had no right to it, though afterwards brought or driven on shore.

[Sidenote: Royal fish.]

The five clauses which followed regulated the prevailing customs

relating to sturgeon, salmon, turbot, the sea dragon, the sea barbel,

and in general all fish fit for a king’s table; besides oil-fish

such as whales, and porpoises, or of any fish of which oil could be

made, and in which the lord had a title to a share. All other fish

were declared to be the property of those who caught them in the

sea, whether in deep or shallow waters; whilst the forty-third and

forty-fourth clauses adjusted the title to goods which had become

derelict. The forty-fifth provided that a vessel cutting her cables

and putting to sea through stress of weather was entitled to recover

their value. Buoys were directed to be placed over the anchors, and any

person detaining them from the lawful owners was to be reputed as “a

thief and a robber.”

[Sidenote: Timber of wrecks.]

The forty-sixth and forty-seventh articles applied to the timber

of wrecks, when the crew were lost and had perished. The pieces of

the ship were declared to belong to the owners, notwithstanding any

custom to the contrary. “And any participators of the said wreck,

whether bishops, prelates, or clerks, shall be deposed and deprived of

their benefices respectively.” If they were laymen, they incurred the

penalties previously recited.

[Sidenote: Remarks on these laws.]

Whatever opinion may be entertained of the barbarous character of the

punishments enforced by these laws, it is undeniable that they are

framed in a spirit of wisdom and justice towards the ship-owner. The

lawless spirit of piracy, prevailing along the coasts in the time of

Richard I., rendered it absolutely necessary, if a merchant navy was

desirable, to protect the ships and the mariners, as well as the goods

in them, by the stern authority of the civil law. The experience that

Richard had acquired in sea affairs during his voyage to the Holy

Land, made him sensible of the necessity of introducing into England

the most salutary maritime regulations in force abroad. Accordingly

the above code, of which we have furnished only a brief abstract, was

established by him, or shortly after his death, to afford protection

to those persons and interests, on which he saw clearly the commercial

prosperity of England in great measure depended.

[Sidenote: Code of Wisby.]

At a later period, the merchants of Wisby[546] framed their laws on the

Rôles d’Oleron, which became, in fact, during the succeeding century

and subsequently, the authoritative rule for deciding all maritime

controversies not only in the Hanse Towns, but among all nations on

the Baltic Sea. Further, it was declared by the forty-first article of

Magna Charta, A.D. 1215, “that all merchants shall have safe conduct

to go out of or come into England, and to stay there. To pass either

by land or by water, and to buy and sell by the ancient and allowed

customs without any civil tolls (an excessive tax on sales), except in

time of war, or when there shall happen to be any nation at war with

us.”

[Sidenote: Magna Charta, A.D. 1215.]

Lord Justice Coke, in his comments on this famous charter,[547] is

of opinion that the merchants here mentioned were strangers, as few

Englishmen at that time traded directly with foreign countries; some

years elapsing before an English association began conducting, on its

own account, a foreign trade with English wool, tin, lead, and leather.

But during the reign of King John, the merchant navy found abundance

of profitable employment, for the wars he engaged in required a large

amount of tonnage. Moreover, the ship-owners and seamen are known to

have supported him in his contentions with the nobles;[548] and William

of Malmesbury speaks of the fame of London for its extensive commerce,

and of the crowd of foreign merchants, especially Germans, who flocked

there, and filled the Thames with their ships. Bristol, also, appears

from the same authority to have been then a flourishing port for ships

from Ireland, Norway, or other foreign parts. But the people, and

especially the monks and nobles, complained loudly of the taxes levied

for the hire of the merchant shipping, although a large portion of the

great wealth amassed by the ecclesiastics of the period was undoubtedly

derived from trade, and most likely from their private and personal

investments in maritime pursuits.

[Sidenote: Henry III., A.D. 1216.]

[Sidenote: Naval actions.]

[Sidenote: Cinque Ports.]

When Henry III. ascended the throne, and the barons arrayed themselves

in opposition to Louis of France, their former ally, so many actions

by sea ensued that the maintenance of the navy became a necessity.

An English fleet of forty galleys and other vessels attacked and

defeated a French squadron of more than double its size; the English,

on the authority of Matthew Paris,[549] attacking their opponents by

“a dreadful discharge of arrows from the crossbow-men and archers,”

rushing against them with their iron beaks, “and availing themselves of

their position to windward by throwing pulverised quicklime into the

French, whereby the men were blinded.” In this celebrated action, which

some have called the commencement of England’s dominion of the sea,

the vessels contributed by the Cinque Ports[550] greatly distinguished

themselves, and obtained thereby further privileges. Thus they were

commissioned “to annoy the subjects of France,”—in other words, to

plunder, as they pleased, not merely the merchant vessels of that

country, but “all they met of whatever nation, not sparing even their

own acquaintances and relations,”[551]—a system of piracy which other

Channel ports were not slow in adopting. Indeed, between the privateer

and the pirate there was then so little distinction that, when Henry

attempted to suppress these lawless acts, he found it necessary to hang

indiscriminately about thirty of the most guilty.

[Sidenote: Increase of piracy.]

[Sidenote: Measures for its suppression.]

But piracy, under the plea of retaliation, rapidly spread among the

ships of other nations. The Normans, Scotch, Irish, and Welsh fitted

out their marauders, pillaging not merely every vessel they could

successfully cope with at sea, but also various towns along the coast.

The whole Channel swarmed with pirates, and the spoils of rapine were

too often preferred to the slower acquisitions of honest industry by

those who thought themselves powerful enough to be robbers; a state of

things naturally much increased during the long contest between Henry

III. and his nobles. During this period, indeed, foreign commerce was

almost annihilated. Wines, which used to sell for forty shillings,

realized ten marks; wax rose from forty shillings to eight marks, and

pepper from six pennies to three shillings a pound; while the scarcity

of ordinary merchandise, especially of salt, iron, steel, and cloth,

together with the stagnation in all exportable articles, owing to the

interruption to navigation, was so great, that the industrial classes

and many of the merchants were reduced to want and beggary. Still more

stringent measures were therefore found necessary to sweep the seas of

these pirates; for the English nation had become seriously alarmed.

A great increase was consequently made in the fleet. A lord high

admiral, and guardian of the sea and maritime ports, by the name of

Topham, was for the first time appointed; and to him all ships of war

were rendered responsible for their conduct.

[Sidenote: Treaty of commerce with Norway, A.D. 1217, and facilities

afforded to foreign merchants.]

But though so much trouble had arisen from pirates and other marauders,

many changes of great importance in the development of the maritime

commerce of England were inaugurated during the long, though generally

feeble, reign of Henry III. Thus a treaty of friendship between England

and Norway[552] formed one of his earliest acts, whereby the merchants

and subjects of both kingdoms obtained full liberty of personal

intercourse. The merchants of Cologne[553] were then also allowed to

establish a hall or factory (known as their Guildhall), which soon

became the general rendezvous in London of all German merchants, and

the place of business where they disposed of their merchandise, and

found safe and comfortable abodes; while, not long afterwards, they

were allowed to trade at all the fairs throughout England.[554] French

ships, laden with corn, wine, or provisions, then received permission

to come into, or go out of, English ports unfettered by former

restrictions. A quay was formed at Queenhithe, where vessels belonging

to the Cinque Ports could discharge their cargoes; and here, also, the

first fish market was established.

[Sidenote: English merchants first open trading establishments abroad.]

[Sidenote: Origin of the Hanseatic League, A.D. 1241.]

Liverpool then first became known as a place of maritime trade,

although it continued to be ranked as a “village,” attached to the

parish of Walton, till as late as 1699.[555] Brunswick was invited to

have commercial dealings with England, and protection was afforded to

its citizens. In Henry’s reign, too, there were built at Yarmouth,

Winchelsea, and other ports, many vessels of a superior description to

any that England had hitherto produced.[556] During the same period

an association of English merchants obtained privileges from the Earl

of Flanders (A.D. 1248), and established in the Netherlands depôts of

English wool, lead, and tin. These adventurers were long known as the

merchants of the staples of England. Previous to the reign of Henry

III. all foreign merchants had been compelled to sell their goods on

board their vessels; but in consideration of a payment of 100_l._

(cash) towards a supply of fresh water for the city of London, and of

fifty marks to the lord mayor (annually), the merchants of Amiens,

Nele, and Corbie, and of Normandy, were then allowed to land and store

their cargoes.[557]

The formation of the Hanseatic Association was, however, the most

important commercial event of Henry’s reign. Though its origin, like

that of many other great communities, cannot be precisely ascertained,

it seems probable that it arose out of an agreement, entered into

in the year 1241 between the merchants of Hamburg and Lubeck, to

establish a guard for the mutual protection of their merchandise

against robbers; a precaution the more necessary, as men of the first

rank were then but too ready to profess openly the trade of robbery on

land, and of piracy on the seas.[558] As this powerful corporation,

the most important in the commercial history of the middle ages, in

time exercised great influence over the commerce of England, and of the

whole of the north of Europe, we shall have frequent occasion to refer

to its commercial operations.

[Sidenote: Corporate Seals.]

It is to be regretted that no reliable information as to the number,

size, or form of the English merchant vessels of this period has been

preserved. We have, consequently, been obliged to seek information

on this subject from the Corporate Seals of different towns which

have fortunately been preserved, and are represented in the following

drawings.

[Sidenote: Sandwich.]

1. Is a corporate seal of the cinque port Sandwich, of about the

date A.D. 1238. This curious seal shows that English ships were then

provided with sails, which were furled aloft as at the present time,

and, further, that they carried their long-boat on deck amid-ships, as

do most merchant vessels now.

[Illustration: SANDWICH.]

[Sidenote: Poole.]

2. A seal of the town of Poole, A.D. 1325, exhibits a sheer of

remarkable height, with the representation of the castle aft and

forwards, the name of which is preserved in the present word

“forecastle,” for the portion of the vessel towards the bow. The anchor

may also be noticed, hanging clear over the bows and ready for use.

[Illustration: POOLE.]

[Sidenote: Dover.]

3. Is an exceedingly well preserved seal of Dover, of A.D. 1284,

exhibiting similar elevated portions at the stern and bow for the use

of the fighting men, with a curious representation, also, of a sailor

ascending the shrouds, across which, no doubt, ratline lines were

placed, though these can hardly be detected in the drawing. This seal

has some other special details, as on the forecastle two men blowing

trumpets in different directions; on the after deck, a man steering

with a long oar over the side; and on the main deck, two sailors

apparently coiling the cable.

[Illustration: DOVER.]

[Sidenote: Faversham.]

4. Is the seal of about the same period of the town of Faversham. It

is remarkable for the amount of detail preserved on it. On this, as on

the seal of Sandwich, two sailors may be noticed seated aloft on the

yard in the act of furling the sail. On the deck is an officer giving

the word of command, and in the castle over the poop a man holding

a standard. On the fore deck are five soldiers variously armed with

spears and axes, and, near the top of the mast, is the castellated

object often observed on similar seals, indicating the crow’s nest.

[Illustration: FAVERSHAM.]

[Sidenote: Stanhope, vice-admiral of Suffolk.]

5. A seal of Michael Stanhope, vice-admiral of Suffolk, of a somewhat

later date, is remarkable in that it represents a ship with _four_

masts and a bowsprit. Each mast has a single yard, with the lug sail

furled on the three smaller ones, and set on the fourth and largest.

The bow is ornamented with a crocodile’s head, his back appearing to

form the roof of the forecastle. Over the bow is the anchor triced up

to the side of the vessel.[559]

[Illustration: MICHAEL STANHOPE, VICE-ADMIRAL OF SUFFOLK.]

[Sidenote: Duties of the Cinque Ports.]

By the charter granted in the twenty-second year of the reign of Edward

I., the Cinque Ports[560] were bound to provide, at any time the king

passed over the sea, not less than fifty-seven ships fully equipped,

each to have twenty armed soldiers maintained at the cost of the

ship-owner for fifteen days. Soon afterwards, the constable of Dover

Castle set forth, in a proclamation, the proportion of ships which

these and other ports, admitted to certain privileges, were bound to

furnish. The total number thus collected amounted to seventy-eight

vessels, of which Hastings had to supply eighteen; Bekesbourne, in

Kent, seven; Rye, five; Winchelsea, ten; Dover, nineteen; Folkestone,

seven; Faversham, a similar number; and Sandwich with Deal and other

minor places, five: the whole to be ready and properly “armed and

arrayed,” each to carry twenty men besides the master and mariners, who

were to serve five days at the expense of the ports and afterwards at

that of the king’s.

The nucleus of a national navy was thus established. In cases of

emergency, other vessels were obtainable from London or built for the

occasion by the government; and to make certain of a still further

supply, the whole merchant service were required to be ready within

forty days from the time of the summons. The “Cinque Ports,” for

their five days’ service, paid the masters sixpence, and the sailors

threepence per day.[561]

[Sidenote: Increased privileges to foreign merchants.]

Although the reign of Edward, like that of his predecessor, was

unfortunately marked by many contentions at home and abroad, the

interests of commerce were not neglected, and foreigners obtained

privileges far beyond any they had previously enjoyed.[562] Those, for

instance, who repaired to England were not merely granted full quiet

and security, but they were exempted from all differential duties and

special restrictions, and from the payment of either “murage, pontage,

or pavage,” although in cities they were only allowed to sell their

goods by wholesale, except in the case of spices or mercery wares.

Goods of any kind might be exported or imported, with the exception of

wine, which could not be re-exported without a special licence. Foreign

merchants were also allowed to take up their abode at any town or

borough in the kingdom, subject only to the civil and municipal laws of

the country. The crown promised not to seize their goods without making

full satisfaction. Bargains were to be enforced after the “earnest

penny” had passed between the buyer and seller; and all bailiffs and

officers of fairs were commanded to do justice without delay, from

day to day, “according to the law of merchants.” Before goods were

weighed, it was stipulated that both buyer and seller were to see that

the scales were empty and of equal balance, and all weights were to

be of one standard. When the scales were balanced, “the weigher” was

expressly required to remove his hands. Moreover, in all trials by

jury, in which strangers were interested, the jury was to consist of

half Englishmen and half foreigners.

[Sidenote: Letters of marque first issued.]

It was also in the reign of Edward I. that letters of marque appear

to have been for the first time issued. A merchant of Bayonne,[563]

at that time a port of the English dominions in Gascony, had shipped

a cargo of fruit from Malaga, which, on its passage along the coast

of Portugal, was seized and carried into Lisbon by an armed cruiser

belonging to that country then at peace with England. The king of

Portugal, who had received one-tenth part of the property, declined

to restore the ship and cargo, or make good the loss; whereupon King

Edward’s lieutenant in Gascony granted the owner of the ship and his

heirs licence, to be in force for five years, to seize the property of

the Portuguese, and especially of the inhabitants of Lisbon, to the

extent of the loss he had sustained and of the expenses of recovery.

[Sidenote: Law for the recovery of debts, and adjustment of average.]

It was likewise during the reign of Edward (10th Oct., 1283) that

parliament passed the famous “statute of merchants,” which gave a

remedy for the due recovery of debts, “as for want of such a law many

merchants were impoverished, and many foreign merchants desisted from

trading with England.” It is remarkable that, in the required process,

the debtor was supposed incapable of writing, and was, therefore,

required to put his seal to a bill drawn by the mayor’s clerk, who

thereupon affixed the royal seal prepared for that purpose. If, on

judgment against him, the debtor was proved to have no property, he was

imprisoned and fed on bread and water until the just demands of the

creditors were satisfied.

Nor were Edward’s commercial enactments confined to those we have

thus briefly noticed; for, understanding that certain citizens of

London,[564] together with other merchants of England, Ireland,

Gascony, and Wales, were in the habit of compelling the barons of the

Cinque Ports and others to pay an average on articles which ought to

have been exempted, as in the case of goods thrown overboard in storms,

he ordained that the vessel with her apparel, provisions, and cooking

utensils, “the master’s ring, necklace, sash, and silver cup,” as well

as the freight for the goods brought into port, should be free of all

such payments: on the other hand, that all other things in the vessel,

not excepting even the seamen’s bedding, should bear a proportion of

the loss incurred, and that the master should not be permitted to claim

freight for goods so thrown overboard.[565]

[Sidenote: Shipping of Scotland, A.D. 1249.]

[Sidenote: Extremely liberal Navigation Act.]

In Scotland, as might have been expected, commerce was of even slower

growth than in England, nor was it till the reign of Alexander III.

that there was any real maritime force; and although the vassals

of Scotland, as, for instance, the king of Man, were required to

contribute ships for the use of the state in proportion to their lands,

the king does not appear to have considered that such merchant vessels

as these were of much value, as he passed a law whereby his merchants

were prohibited for a limited period from exporting any goods in their

own vessels, “because some of them had been captured by pirates, and

others lost by shipwreck and by arrestments in foreign ports.” Of

course, the inevitable result followed that, for a time, the merchant

vessels of Scotland were totally extinguished. The enactment, however,

for some unaccountable reason, seems to have given satisfaction, as

the historians of the period remark that—“in consequence of these laws

the kingdom abounded in a few years with corn, money, cattle, sheep,

and all kinds of merchandise, and the arts flourished.”[566] It is,

indeed, possible that Scotland may have imbibed the spirit of extreme

liberality in its maritime policy which then prevailed throughout

England, where it was evidently supposed that foreign merchants

brought wealth which England could not otherwise have obtained. It

is, perhaps, remarkable that we have no notice of any trading port of

Scotland except that of Dunbar, which, at that time, was subject to the

English crown.

[Sidenote: Chief ports of England, and extent of its shipping and

commerce.]

Fortunately, however, a document has been preserved which furnishes

the names of the chief ports of England during the reign of Edward

I.[567] It is interesting and instructive. They were then as follows:

Dover, Sandwich, Romney, Winchester, Rye, Hythe, Faversham, Hastings,

Shoreham, Seaford, Portsmouth, Southampton, Dartmouth, Lymington,

Weymouth, Poole, Humble, Lymne, Sidmouth, Chichester, Teignmouth,

Frome, Fowey, Looe, Bodmin, Wareham, Falmouth, Bristol, Haverford-West,

Caernarvon, Caermarthen, Landpadanour, Conway, Chester, Bridgewater,

Cardiff, Oystermouth, Rochester, Gravesend, Northfleet, London,

Harwich, Ipswich, Dunwich, Orford, Yarmouth, Blackney, Lynn, Boston,

Wainfleet, Saltfleet, Grimsby, Hull, Ravensburg, Scarborough,

Tynemouth, Newcastle-on-Tyne, Berwick-upon-Tweed, and Dunbar. Such were

the principal ports of England at the commencement of the fourteenth

century. Some of these places are now hardly known for their trade,

while the very names of others among them have long since disappeared.

How changed since then are the seats and centres of England’s maritime

commerce!

But we know nothing of the amount of shipping belonging to these ports

for more than half a century afterwards; nor, till a comparatively

recent period, of the extent of business carried on in England. Had

such records been preserved, we should probably have seen that in the

port of Liverpool alone, then scarcely recognisable, a larger amount

of tonnage now arrives and departs during a week or even a day, than

entered and left all these ports in the course of a year. The only

document in the shape of statistics referring to shipping of the

thirteenth century that can be discovered, is a return which states

that, in the year ending 20th November, 1299, there arrived in the

port of London, and in all the other ports of the kingdom, except the

Cinque Ports, seventy-three vessels with cargoes of wine, of which the

smallest had not less than nineteen tuns on board, from each of which

the king, by ancient law, had the right to take, at a fixed price, two

tuns for the use of his household.

But even this return conveys but a very vague and imperfect idea of

the number of vessels then belonging to England, or of the extent of

its maritime commerce; moreover, the importation of wine was then much

larger in proportion to that of other articles of commerce than it is

now. The Cinque Ports, from their wealth and exclusive privileges,

were, doubtless, large consumers of wine and had great facilities for

its storage.[568] London had long been, as it is now, pre-eminently the

port for wine. To Edward I. is due the selection of the Vintry (a name

still remaining) on the banks of the Thames, where vessels delivered

their cargoes alongside the wharf. Thence they often proceeded up the

river Fleet, as far as Holborn Bridge, to take in their return cargoes,

the smaller ones occasionally ascending even as far as Battle Bridge,

near the present station of the Great Northern Railway at King’s Cross.

[Sidenote: Edward II., A.D. 1307-27.]

[Sidenote: Edward III., A.D. 1326-7—1377.]

[Sidenote: Extension of English commerce.]

The twenty years’ reign of Edward II. is not marked by any events

worthy of note relating to maritime commerce. Retrogression rather than

progress was the result of his policy and of his constant troubles

and contentions with neighbouring nations. When, however, he had been

deposed, indeed almost immediately after the accession of Edward

III., a considerable step in advance was made by the grant of fresh

patents and charters to secure for the merchants of England further

staples on the Continent. Nearly the whole of the wool trade had been

previously carried on by foreigners, but the English now aimed at

having “staples” in Brabant and Artois as well as in Flanders, whither

they could freely send their own wool and dispose of it themselves from

their own entrepôts. And in this they at length succeeded; for with

their own capital they bought their wool, and exporting it in their

own bottoms to a staple in Holland, Flanders, or France, disposed of

it in those countries without the intervention of any second party or

foreign merchant. This privilege was considered at the time a great

step in advance; but now it is not easy to understand how the laws of

any country could have withheld from its merchants the right to trade

wherever or whenever other nations did not object.

[Sidenote: The discovery of coal.]

Such changes in the mode of transacting business tended materially

to enlarge the knowledge of the English merchants, acquiring as they

did from year to year, by their intercourse with the more refined

and intelligent merchants of Holland and France, much information on

subjects they might have learnt at an earlier period of their history

had their rulers not embroiled them in constant wars with the very

nations with whom they were now in direct communication. Again, though

it is certain that, at least on the western side of England, the Romans

had worked coal on or near the surface,[569] the opening of the great

coal-fields near Newcastle first took place in the reign of this wise

monarch—though, curiously enough, its value was sooner appreciated by

foreigners than by the people of the country in which this vast source

of wealth was found. For a considerable period after its discovery, the

consumption of coal was supposed to be so unhealthy that a royal edict

prohibited its use in the city of London while the queen resided there,

in case it might prove “pernicious to her health.”[570] On the other

hand, while England was thus prohibiting the use of the article which

has made her by far the most famous commercial nation of either ancient

or modern times, France sent her ships laden with corn to Newcastle,

receiving coal as their return cargoes, and her merchants were the

first to carry this now great article of commerce to foreign countries.

[Sidenote: First complete roll of the English fleet, A.D. 1347.]

For the first time we obtain also at this period something like

reliable information with regard to the extent of trade of England

and the number and size of her merchant vessels. Hitherto everything

with regard to them, and indeed to the vessels of almost all other

countries, has been, in a great measure, a matter of conjecture, the

accounts preserved being so conflicting that scarcely more than the

vaguest idea of their form or size can be ascertained. Nor, indeed, so

far as we know, were there any returns of the actual strength of the

navy of England or of the number of vessels which each port could send

to sea on an emergency, until Edward III. ordered a roll to be prepared

of the fleet he employed in the blockade and siege of Calais.[571]

From the details given in this roll we have the means of forming a

tolerably correct impression of the merchant shipping of the time; and

it is remarkable how small was the proportion of ships and men which

the king himself supplied. Many of the ports, it will be seen, supplied

a larger number of both than the king himself, these being, obviously,

the merchant shipping at other times employed in the foreign trade of

the country. This interesting document clearly shows that from the

earliest period up to the siege of Calais, as was also the case for

a long period subsequently, the English fleets were composed almost

exclusively of merchant ships, contributed by the chief ports in the

kingdom or in the dependent provinces.

[Sidenote: Quota of different ports.]

That Yarmouth, in Norfolk, should have supplied the largest number of

vessels, is probably due to its herring fisheries, and to the great

quantities of wool which were then shipped from that port to Brabant

and the ports of Flanders and Holland.[572] Again, Fowey, in Cornwall,

furnished more seamen than London, in all likelihood on account of

the tin trade; while the now extinct port of Winchelsea, in Sussex,

occupied the first position amongst the Cinque Ports, perhaps from

its neighbourhood to the then chief ironworks in the country. Those

places directly interested in foreign trade contributed rateably, in

accordance with its extent, and not with reference to the number of

their inhabitants. For instance, the city of York furnished only one

small vessel with nine men on board; whilst the town of Newcastle,

now becoming important as the port of shipment of sea-borne coals,

furnished no fewer than seventeen ships.

[Sidenote: Pay of soldiers, sailors, &c.]

We also learn from this record that the Prince of Wales, who

distinguished himself greatly in the expedition, had as his wage

20_s._ per diem; the Bishop of Durham, 6_s._ 8_d._; thirteen earls

6_s._ 8_d._ each; forty-four barons and bannerets, 4_s._; one thousand

knights, 2_s._ Esquires, constables, captains and leaders, of whom

there were four thousand and twenty-two, received 1_s._ each. Masons,

carpenters, smiths, engineers, tent-makers, miners, armed gunners,

from 10_d._ to 3_d._ per day; mariners, 4_d._; whilst the Welshmen on

foot had 4_d._ and 2_d._ But this roll is also valuable for what it

omits to tell us. Thus if it be the record of the fleet before Calais,

we cannot doubt that England then had many other vessels of naval and

commercial importance, for, even at this period of English history,

we find organized piracy was not extinct: thus, in November 1347, a

Spanish fleet piratically seized and sunk (for the two nations were

then at peace) ten English ships, on which a fleet of fifty ships was

immediately sent to sea to make reprisals. In this fleet the King

himself, with the Prince of Wales, and many of the nobility, embarked,

and attacked off Winchelsea forty large Spanish carracks, fully manned

and armed, and richly laden with cloth and other valuable commodities,

capturing no less than one-half, and sinking or disabling most of the

others.

[Sidenote: War renewed, A.D. 1354.]

[Sidenote: Death of Edward III., A.D. 1377.]

Unfortunately, in 1354, France again became the scene of war, which

ended in the celebrated battle of Poictiers under Edward the Black

Prince. In the campaign which followed the expiration of the truce,

consequent upon the capture of the French king and the most of his army

on the field of Poictiers, Edward collected a fleet of no less than

eleven hundred vessels, in which were embarked one hundred thousand

men, by whom Paris was successfully invaded; but at the siege of La

Rochelle his good fortune deserted him, and his whole fleet, then under

the command of the Earl of Pembroke, became the prize of the combined

squadrons of France and of Castile. Although, on pressing demands for

succour, Edward was enabled to fit out a fresh fleet of four hundred

ships, of which he personally assumed the command, fortune and the

winds proved adverse; and, after having been nine weeks at sea, he

was unable to effect a landing on the French coast. Greater reverses

followed, and the vast territories which the English possessed in

France, and which they had maintained at so great a cost, soon sank

into comparatively insignificant proportions. The death of the Black

Prince, in 1376, preyed so heavily upon the king that he only survived

him for twelve months; and in June, 1377, he died, after a reign of

more than half a century, broken-hearted at the loss of his brave and

distinguished son.

[Sidenote: State of the merchant navy during his reign.]

[Sidenote: Loss sustained by war, and encouragement afforded thereby to

foreign nations.]

Although Edward, throughout the whole of his long reign, had encouraged

a liberal commercial policy, and had devoted, in an especial manner,

his attention to naval affairs, it was impossible for maritime commerce

to flourish in the midst of turmoil and war. England, though she lost

the greater portion of her unnatural territory in France, may have

preserved, as against the fleets of that country, her superiority at

sea, and her wars with France on the one hand, and with Scotland on

the other, may have developed the natural bull-dog courage of her

seamen; but war, while it lasted, transferred the bulk of her over-sea

carrying trade to the ships of Spain, Flanders, Holland, and of the

Mediterranean nations, the whole energy of her people, which might

have been better employed in the development of her natural resources

and manufactures, having been devoted to war and to the creation of

its instruments of destruction. Commissioners were even summoned to

London to hold a sort of naval parliament during these struggles with

France, and to render an account of the number of vessels which each

port could supply to the naval force of the country. The press warrants

authorized the appointed officers to seize not merely all vessels lying

in the several ports, but every vessel which came from sea during

the continuance of the commission; and these vessels were frequently

compelled immediately to discharge the whole of their cargoes, although

their last port of destination had not been reached, till Edward,

during the greater part of his reign, had actually more than one-half

of the merchant vessels of the kingdom in his service.[573] Operations

such as these could not fail to seriously injure the maritime commerce

of England, and, at the same time, afford encouragement to foreigners

to absorb her over-sea carrying trade.

But although the ships of Spain and of the Mediterranean were at

first the chief gainers by this state of things, those of the more

northern nations of Europe soon became, from the same causes, the

most formidable commercial rivals of England. While the English were

engaged in unprofitable conflicts, they were steadily increasing in

wealth and commercial greatness. Flemish ship-owners, taking advantage

of the constant disputes of England with France and Scotland, acquired

a considerable portion of the trade which would otherwise have fallen

to England, and materially increased their business relations with the

Mediterranean, with Egypt, and the East. Nor were they alone in their

efforts. The advantages to be derived from distant commerce had now

become known to all the nations of the North; while they were rapidly

gaining an insight into the most profitable mode of conducting it, and

ascertaining the class of goods best adapted for the markets of the

East, and the description of vessels most suitable for carrying on the

trade.

[Sidenote: Rapid increase of the trade of Flanders.]

The people occupying the Netherlands, observing on the one hand how

English genius and energy were being wasted in war, and, on the other,

perceiving the vast progress of the Italian republics, and the wealth

which their inhabitants had accumulated by their intercourse with the

East, endeavoured, and with success, to imitate their example. Besides

being carriers by sea they became themselves large manufacturers,

opening up an extensive trade with Persia through the medium of

Constantinople, and enjoying during the reign of Baldwin, Count of

Flanders, an amount of prosperity second only to that of Venice, then

the chief of the Italian republics. Protected by the franchises which

their energy had wrung from their lords paramount, the inhabitants

of Flanders were thus induced to apply themselves with vigour to

commercial and manufacturing pursuits. Almost every town emulated its

neighbour in works of usefulness or taste, exhibiting alike their

habits of industry and their inventive genius. Their population

increased to an astonishing extent, their wealth in a yet greater

ratio; and the modern traveller may note in buildings still extant the

superabundant pecuniary resources of that period, and the joint results

of freedom from war and of unwearied industry.

[Sidenote: Trade between Italy and Flanders.]

Somewhere towards the close of the thirteenth century the merchant

vessels of the Italian republics first began to frequent the markets

of the Netherlands, and in 1318 Venetian ships brought to Antwerp

spices, drugs, and silk-stuffs. The Hanseatic League, which had now

become a commercial association of considerable importance, readily

entered into relations with the Italian traders, so that the markets of

Flanders became the best supplied of any in the north of Europe with

the products and manufactures of the Mediterranean, Arabia and India,

furnishing in exchange from their factories a variety of fine cloths

in assortments adapted to the wants of the Eastern people. Thus, while

England was distracted and impoverished by war, foreign merchants

found safety and protection, and became greatly enriched, under the

government of the Count of Flanders. The Flemings were satisfied

with moderate duties. Whilst clearing their coasts of pirates and of

hostile corsairs to the utmost extent in their power, they in all cases

respected the property of shipwrecked vessels, which had too often been

considered the prize of any promiscuous wrecker, and encouraged traders

from all nations to frequent or settle on the banks of the Scheldt and

the Meuse, many of whom realized large profits out of England’s folly

or misfortunes.

[Sidenote: Commercial importance of Bruges and Antwerp.]

During the period of the commercial splendour of the Netherlands,

Bruges and Antwerp were the chief entrepôts of the north of Europe for

foreign goods. The former of these, in the course of the fourteenth

century, had successfully negotiated favourable commercial treaties

with the German empire, as also with Spain, Portugal, England,

Scotland, and Ireland, which, in the following century, were extended

with great advantage to Venice, Genoa, and Aragon; but, towards the

close of the fifteenth and the beginning of the sixteenth century

Bruges was surpassed by Antwerp, where, after the discovery of the

passage to India by the Cape, Flemish vessels trading with the East

landed their cargoes. Antwerp had, indeed, previously to that period

enjoyed a large and profitable maritime commerce. Apart from the many

advantages which the port possessed, the liberal policy established by

the Duke of Brabant and the privileges he conferred on foreigners had

induced English, German, Genoese, and Florentine merchants to make it a

rendezvous for their ships, and a depôt for storing their goods, whence

they were distributed throughout the continent and the whole of the

north of Europe.

[Sidenote: Wealth of Flanders, and extent of its manufactures and

commerce.]

Some idea may be formed of the importance of Flanders and the Low

Countries, and how they then surpassed all the other nations of

northern Europe in wealth and commercial enterprise, from the fact

that Ghent had no less than forty thousand looms constantly at work in

the manufacture of cotton and woollen cloths. She likewise supplied

in great abundance, and of superior quality, serges, fustians, and

tapestries. Courtray possessed, in the sixteenth century, six thousand

weavers’ looms; Ypres, four thousand, which produced very fine cloths,

especially those of the scarlet colour so frequently specified in the

tariffs of the countries of the South and East; while the Cloth Hall

of that place was considered one of the most beautiful edifices of all

Flanders. Oudenarde supplied tapestries which rivalled those of Arras:

Tournay was famed for a peculiar description of serges. Louvain,

though somewhat injured by the growth of other places, had employed in

the fourteenth century four thousand looms; Mechlin, three thousand

four hundred; and Brussels was, even at that early period, renowned for

its woollen fabrics.[574]

Middleburgh, in Zealand, had then attracted to its market the merchants

of Italy, Spain, and Portugal, who trafficked in its manufactures as

well as in the productions generally of the country. Haarlem wove in

its looms an extraordinary quantity of fine cloth and velvets much

in request by the wealthy and prosperous Italian republics. The Low

Countries received in return from Venice, spices, drugs, perfumes,

cotton-prints, and silk stuffs. Genoa, Florence, Ancona, and Bologna,

despatched also to Holland their silks, cloths of gold and silver,

corselets, pearls, cotton, silk twist, alum, oils, and other articles

of manufacture and produce. France sent to her ports the fine cloths of

Paris and of Rouen, the common velvets of Tours, and the linen yarns of

Lyons, besides wines in great abundance.

[Sidenote: Special privileges to her merchants.]

About this period the merchants of Brabant, Flanders, Zealand, and

Holland, obtained from the king of France the privilege of establishing

agencies in her chief commercial cities. Spain was likewise then

largely engaged in over-sea commerce, and competed with the merchants

of France and Italy in importing to the North sugar, cotton, dye-woods,

and other articles of foreign growth; but it appears that they were

so much molested by pirates, especially by the English, that in 1340

the cities of Ghent, Ypres, and Bruges, were obliged to seek and

obtain from Edward III. a safe conduct[575] for the merchant shipping

of Catalonia, Castille, and Majorca. In spite, however, of the king’s

protection, so daring and regardless of all law were these marauders,

that a few years afterwards two vessels laden with valuable cargoes,

and sent by the merchants of Barcelona and Valencia for Flanders, were

captured by pirates from Bayonne, and carried into an English port.[576]

[Sidenote: Progress of the Hanseatic League, and its system of

business.]

The Hanseatic League having now become by far the most important

commercial association in Europe, its merchants entered with zeal into

the rich and prosperous trade which made Flanders and the Low Countries

so conspicuous in the annals of the commercial history of the period.

More than seventy cities and towns were associated with the League. Its

chief agencies, firmly established at Bruges in Flanders, at Bergen in

Norway, and at Novgorod in Russia, entirely monopolized for many years

the trade of these countries. Its agents and factors, all of whom were

mercantile men, were guided by rules and instructions emanating from

head-quarters at Lubeck, and from these they had no power to deviate

unless under extraordinary circumstances. They were not permitted to

have any common interest with strangers, or to trust their goods on

board any other merchant ships than those belonging to the places with

which the association was in league. Wholly occupied in extending

their own privileges and in securing for themselves the business of any

place where they had established themselves, they soon became obnoxious

to their rivals, and their counting-houses were frequently exposed

to popular fury. When unable to obtain redress for the outrages thus

committed against it, the League closed its warehouses, and its members

withdrew from the place. They could inflict no more severe punishment

for the wrongs they had sustained; indeed, the withdrawal of their

trade was often considered so great a calamity to the inhabitants,

that large concessions were made and new privileges granted to induce

their return. More than once the League transferred their quarters from

Bruges to Dordrecht in Holland, and, on each occasion, obtained fresh

grants before they agreed to resume business in the former city.

[Sidenote: Its power too frequently abused.]

But the League was unable to obtain at Bruges the power and influence

it too frequently exercised at other places; for it had there to

contend with men of business habits and of considerable wealth, whose

firms had long conducted business with distant countries, and who

held large stocks of the same description of merchandise from which

the League itself derived its chief profits. Moreover, the Flemings

of Bruges imported in their own ships, or in those of the nations

with whom they were in direct correspondence, the products of the

East, the manufactures of Italy, and the wines of the South. At other

places, however, and especially in the North, where the League had

comparatively few competitors and none whom it could not crush when

necessary, it exercised, at times, an overbearing dominion. Arrogant

and despotic, it even claimed the right of having submitted for its

sanction the question of the succession of the Danish princes to the

throne. At Bergen it persecuted with inveterate rancour any foreigner

who attempted to oppose it in trade; and, at Novgorod, it behaved in

such a manner as more than once to arouse the severe displeasure of the

Russian government. Nor did it hesitate, when it suited its purpose, to

carry on maritime wars, frequently exercising the power of an European

sovereign; and more than one potentate of the North experienced the

terrible ravages caused by the fleets of this powerful and haughty

commercial association.[577]

FOOTNOTES:

[526] Domesday Book.

[527] Peter Langtoft says that Richard’s own ship was called the

“Trenche-le-mer,” a good name for a swift sailing vessel; and the name

of Trenchemer occurs frequently in subsequent records, even as late as

Henry V., as that of commanders of ships.

[528] Geoffry de Vinisauf, ap. Gale, Script. Hist. Anglic., vol. ii.

[529] These numbers are given from Richard of Devizes (p. 17), who

appears to be the only writer who gives details of the fleet at

Messina. The number given subsequently, during the passage of Richard

to the Holy Land, by Vinisauf and others, is considerably larger, and

probably comprehends vessels of all descriptions.—Sir H. Nicolas’s

“Hist. Roy. Navy,” vol. i. p. 77, &c.

[530] Buss, Bussa, Buscia, or Burcia, and Dromon, or Dromond, seem to

have been used indifferently for large vessels. As the specific name

given to the large ship belonging to Saladin which Richard I. captured,

it has been supposed that the word Dromond is of Arabic origin.—Spelman

in voc. Dromunda.

[531] The whole of these and of the more ancient maritime laws have

been recently edited (A.D. 1828-1847) by a learned French lawyer, M.

Pardessus. According to his researches, it appears most probable that

these documents belong to the ancient French code, called the “Rôles

ou Jugemens d’Oleron.” It is impossible to determine now who first

compiled them, hence they have been claimed for different nations and

tribes; Selden, Coke, Prynne, Godolphin, and others, deemed them of

English origin, and due to Richard I., but there is no evidence that he

ever went to Oleron. M. Pardessus has shown from the authority of MSS.

at Oxford and in the British Museum, and from their coincidence with a

very early translation into Spanish, that the first twenty-six articles

are the most genuine. The others he considers to be later additions,

as, indeed, their intrinsic evidence tends to show. The place of

the departure of the ships being generally Bordeaux suggests that

they were originally embodied for the coasting trade of the west of

France.—Pardessus’ “Collection de lois Maritimes,” Paris, 4to, 1828-47.

Sir Harris Nicolas, quoting from Brompton, Hoveden, and others, states

that Richard drew up at Chinon, on his way to Marseilles, what he

calls “the earliest articles of war.” (“Hist. Roy. Navy,” pp. 89-91.)

Still more recently (1871) Sir Travers Twiss, in his edition of “The

Black Book of the Admiralty,” has examined very fully the real or

supposed claims of Richard to be the author or the editor of the “Rôles

d’Oleron.” In doing so he quotes a memorandum of 12 Edw. III. (A.D.

1284), stating that these laws (i.e., the ten last articles of the

Rôles) “were by the Lord Richard, formerly king of England, on his

return from the Holy Land, corrected, interpreted, and declared, and

were published in the island of Oleron, and were named in the French

tongue (Gallica lingua) ‘La Ley Olyroun.’”—Introd. pp. lvii.-lviii.

[532] We need not point out that the order of precedency differs

nowadays. The supercargoes in after years claimed priority in

everything except in that which related to the navigation of the vessel.

[533] Some of the following rules are noted in the “Ordinances made by

King Richard to be observed among sea-faring men.” See Appendix No. 2,

628.

[534] This is the fourteenth article in Pardessus, p. 333. His article

thirteen relates to charter-parties to different places between

Bourdeaux and Yarmouth.

[535] The old Gascony phrase was _Oster la touaille_, which signifies

denying him the table-cloths or victuals for three meals, by which was

understood one day and a half.

[536] The fishermen of Blankeness, on the Elbe, and the sailors of the

Levant, and in various other places, still navigate in shares for wages.

[537] This article affords some evidence that these laws were drawn up

in France for French sailors.

[538] Pardessus refers to an unedited Rhodian Law, as having suggested

this article, p. 337.

[539] It was further ordained, that the wines on board the ship should

be sold at the price customary at the place to which she had come.

[540] It has been shown by Pardessus and others that these so-called

“Rhodian Laws” are a compilation of the eleventh and twelfth centuries,

and distinct from the one famous Rhodian Law whose title, “De Jactu,”

has been preserved.

[541] Pardessus retains this form of the word, but the MSS. read

“lodman” (_i.e._ leading-man, pilot), which is probably the true

form.—See Brit. Mus. Add. MSS. 7965, fol. 89, &c.

[542] A French law, so late as Aug. 22, 1790, sent a pilot to the

galleys for three years who accidentally lost his vessel; and sentenced

him to death if he did so wilfully.—Pardessus, p. 341.

[543] These and the following Articles, which, doubtless, faithfully

represent the manners of the times, are found in early editions of

Garcia and Cleirac, but not in the MSS.—Pardessus, p. 346, note 3.

[544] “Kenning” is a very ancient word in sea language. It means view,

or course, “course by course,” and was employed when navigation was

performed by views and by observation from one land to another, prior

to the use of the compass. Admiral W. H. Smyth, in his “Sailor’s

Word Book,” states that “it was a mode of increasing wages formerly,

according to whaling law, by seeing how a man performed his duty.”

[545] For notice of whales caught so far south as Biarritz, see

“Syllabus of Rymer’s Fœdera,” Appendix No. 8, p. 648, s. a. 1338.

[546] In the island of Gothland, Baltic. These laws are believed to

have been reduced to three, their present form, by Magnus, who became

king of Sweden in A.D. 1320. (Pardessus, p. 426.) They are almost

identical with those in the Rôles d’Oleron, North German names of

places of departure, &c. being substituted for Bordeaux, &c.

[547] Cap. 30.

[548] King John, in his edict of Hastings, A.D. 1200, ordered his

captains to seize and to confiscate the cargoes of every ship that did

not strike their topsails to them. (Selden, “Mare Clausum,” ii. c. 26.)

He is also said to have destroyed the whole naval force of France.

Trivet, “Ann. ad ann. 1214,” quoted by Spelman, in his Glossary.

[549] M. Paris, p. 298. Ann. of Waverl. p. 183. Gale, ap. Robert of

Gloucester, p. 515.

[550] See Appendix No. 4, pp. 629-632, for charter of Edward I.

(1272-1307) to the Cinque Ports. This appears to be the earliest

charter that has been preserved, but it is only confirmatory of the

charters given by previous kings.

[551] M. Paris, p. 589.

[552] There is constant notice of intercourse between England and

Norway during this period of English history. See Appendix No. 3, p.

629.

[553] This was about A.D. 1220. This “Guild-hall” (“Gildalla

Teutonicorum”) was distinct from the guildhall of the merchants of the

Steel-yard. (Madox, Hist. Excheq. ii. 2.) The former obtained a charter

from Henry III. in A.D. 1259. Rymer, Fœd. v. 2.

[554] Hakluyt’s “Voyages,” vol. i. p. 130.

[555] Atkins’s “Manchester,” p. 332. Liverpool appears to have had

burgesses as early as A.D. 1207. Rot. Patent. 9 Johan.

[556] M. Paris, p. 889.

[557] Stow’s “Survey of London,” p. 130. Rymer, Fœd. vol. v. p. 105.

[558] Lambecii, Orig. Hamburg, ii. p. 26.

[559] The following are the legends, on the five seals, respectively:—

1. SANDWICH—SIGILL. CONSILII. BARONVM. DE. SANDWICO.

2. POOLE—SIGILLVM. COMMVNE. DE. LA. POLE.

3. DOVER—SIGILLVM. COMMVNE. BARONVM. DE. DOVORIA.

4. FAVERSHAM—SIGILLVM. BARONVM. DE. FAVERSHAM.

5. SUFFOLK—SIGILLVM. MICHAELIS. STANHOPE. ARMIGERI.

VICE-ADMIRALLI. COMITATVS. SVFFOLCIE.

[560] See Appendix No. 4.

[561] Hakluyt’s “Voyages,” vol. i. p. 17.

[562] A charter granting these privileges will be found at length in

Hakluyt, vol. i. p. 135. It was confirmed by Henry IV. and Henry V.

[563] Rymer, “Fœdera,” v. p. 691.

[564] Ibid. v. p. 298.

[565] Act. ii. Edward I.

[566] Ayloffe’s Calendar, p. 335.

[567] The Act of Edward I. prohibiting the exportation of bullion, and

relating to his new coinage, was ordered to be sent to all the chief

ports in the kingdom. For the wages of the sailors in the fleets of

Edward I., see Appendix No. 5, pp. 632-4.

[568] To this day the visitor to the quaint old town of Winchelsea may

observe under houses, now cottages, extensive cellars—some with roofs

of Gothic arches. The Ward-robe books of the 25th, 29th, and 32nd years

of Edward I. (now in the British Museum) give ample details on all

these subjects.

[569] Mr. Wright, in his excavations at Uriconium (Wroxeter), found

abundant evidences of the use of coal. Roman candles have also been met

with in some of the neighbouring mines. As early as A.D. 1253 there

was a lane behind Newgate, in London, called Sea-coal Lane. Ayloffe’s

Calend., p. 11. It appears also that coal was used in A.D. 1337 in the

manufacture of iron anchors. See “Syllabus of Rymer’s Fœdera,” Appendix

No. 8, p. 648, s. a. 1337.

[570] Stow’s “Survey of London,” p. 925.

[571] See Appendix No. 6, pp. 634-6, where the original documents

preserved in the Cotton and Harleian Collections are given in parallel

columns, to show their variations. At the end of this roll are also

notices of some of the more remarkable items in the repairs of Edward

III.’s galleys from another contemporary MS. Appendix No. 7, pp.

636-641.

[572] It appears also from the warrants contained in a MS. of the

Harleian Collection, No. 433, that besides the trade with Iceland

from Bristol, many vessels went thither from the ports of Norfolk and

Suffolk. See Appendix No. 12, p. 654.

[573] Rymer’s “Fœdera.”

[574] The great wealth of Flanders at this time is well shown by the

fact that, in A.D. 1339, the Duke of Brabant paid Edward 50,000_l._ as

the dowry for his daughter on her espousal to Prince Edward.—Rymer,

Fœd. v. pp. 113, 118.

[575] See a specimen of the “Safe Conduct” usually given on these

occasions from a MS. in the Harleian Collection. Appendix No. 6.

[576] Rymer’s Fœd. v. pp. 179-203.

[577] The following are the most important dates in connection with the

history of this celebrated confederacy.

Great German Hansa established A.D. 1241, with the view of clearing the

Baltic and adjacent coasts of pirates. Their first cities were Lubeck

and Hamburg, then Bremen, ultimately Bergen and Brunswick; they were

supported, generally, by the emperors as a commercial counterpoise to

the feudal nobility—Lubeck was chosen as queen of the Hansa.

In 1281 the citizens of the Hanseatic League were placed on the same

footing as those of London.

From A.D. 1303 to 1475 they possessed many houses in London, with a

jury, half English, half foreign, to try their causes, and two English

aldermen to act as their chiefs. This was the period of their greatest

power. The power of the League began to decline in 1547, after the

death in this year of Henry VIII. Though Edward VI. renewed their

privileges, the English “Merchant Adventurers” proved too strong for

them.

In 1666 their buildings of the Steel-yard were burnt in the great fire

of London, but were reconstructed in 1680.

In 1852 the premises of the Hanseatic League were finally alienated,

and are now built over by the Cannon Street railway station.

History of merchant shipping and ancient commerce, Volume 1 (of 4) · 第 12 / 18 章