Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/304

 290 //. FROM THE llOO'S TO THE 1800'S merchants, who, whether ahen or subject, formed in the Mid- dle Ages a class very distinct from the rest of the community. Both laws grew up in a similar manner from the customary observances of a distinct class. Both laws were administered in either the same or in similar courts, which were distinct from the ordinary courts. Both laws differed from the com- mon law. Both had an international character.^ (a) Maritime Law. We find that the maritime laws of the Middle Ages were contained in certain bodies of local customs, which, like all customary law, showed a tendency to expand as they grew older. These bodies of custom took their name from some one port. They were adopted by other ports, and one or other of them ruled the coasting trade of the whole of mediaeval Europe. ^ The body of customs adopted by England, and inserted at a later date into the Black Book of the Admiralty, ^ were the judgments of Oleron. They originated in the laws of the commune of Oleron. They were adopted by the sea- port towns of Normandy and Brittany. They were trans- planted to Damme, Bruges, and to England/ A copy of Edward's II. 's reign, representing an early version, is to be found in the archives of the city of London,^ and in the Red Book of Bristol.^ Such was the repute of these laws of Oleron that mariners of other countries came there to obtain the judgment of its court.' The body of customary sea laws in force in the Mediter- ranean was known as the Consolato del Mare. It is probably of Catalan origin.^ It was probably drawn up in the 15th century for the use of the Consuls of the sea at Barcelona, » " The maritime law is not the law of a particular country, but the general law of nations," Ld. Mansfield, Luke v. Lyde (1759) 2 Burr. 887. '* The law of merchants is jus gentium and the judges are bound to take notice of it," Mogadara v. Holt (1691), Shower 318. 'Black Book of the Admiralty (R. S.) ii xxxix seqq. " This was a collection of documents compiled for the use of the Court of Admiralty not earlier than Henry VI.'s reign. See Black Book R. S. iii x; and for its contents i xxviii seqq. ♦Black Book of the Admiralty 1 Ixiii. Cp. R. P. iii 498 (4 Hy. IV. n. 47). » Ibid Ixvii. « L. Q. R. xvii 234. » Black Book of the Admiralty, ii. xxxvii. • Ibid iii xxxiv.