Rolls of Oléron
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The Rolls of Oléron (
French French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with Franc ...
: ''Jugements de la mer, Rôles d'Oléron'') are the oldest and best-known sea law regulating medieval shipping in North-western Europe. The Rolls of Oleron were the first common sea law written in the Isle of
Oléron The Isle of Oléron or Oléron Island (french: île d'Oléron, ; Saintongese: ''ilâte d'Olerun''; oc, illa d'Olairon or ; la, Uliarus insula, ) is an island off the Atlantic coast of France (due west of Rochefort), on the southern side of t ...
,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, in the late 12th century, prior to 1180, later evolving to encompass Northern Europe. Any later sea laws written in Northern Europe are largely based on or inspired by the Rôles d'Oléron. Sometimes known as the "Lawes of Pleron," they also formed the basis of similar agreements among 17th and 18th century pirates, known as
Articles Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article may also refer to: ...
.


Origin

The Rolls of Oleron originally regulated the wine trade from
Brittany Brittany (; french: link=no, Bretagne ; br, Breizh, or ; Gallo: ''Bertaèyn'' ) is a peninsula, historical country and cultural area in the west of modern France, covering the western part of what was known as Armorica during the period ...
and
Normandy Normandy (; french: link=no, Normandie ; nrf, Normaundie, Nouormandie ; from Old French , plural of ''Normant'', originally from the word for "northman" in several Scandinavian languages) is a geographical and cultural region in Northwestern ...
to
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
,
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
and
Flanders Flanders (, ; Dutch: ''Vlaanderen'' ) is the Flemish-speaking northern portion of Belgium and one of the communities, regions and language areas of Belgium. However, there are several overlapping definitions, including ones related to cultu ...
but were widely disseminated in the later
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
and became an important sea law.


Different sources of origin

There is some disagreement among historians as to how and when the Rolls of Oléron came into existence. One of the oldest beliefs is that
Eleanor of Aquitaine Eleanor ( – 1 April 1204; french: Aliénor d'Aquitaine, ) was Queen of France from 1137 to 1152 as the wife of King Louis VII, List of English royal consorts, Queen of England from 1154 to 1189 as the wife of Henry II of England, King Henry I ...
had the laws written down around 1160 when she returned from the Holy Land. Another theory is that her son,
Richard I Richard I (8 September 1157 – 6 April 1199) was King of England from 1189 until his death in 1199. He also ruled as Duke of Normandy, Aquitaine and Gascony, Lord of Cyprus, and Count of Poitiers, Anjou, Maine, and Nantes, and was ...
, had them written down after his own return from the Holy Land towards the end of the 12th century, but that is highly unlikely. There is no sign in the Rolls that someone as important as a king or queen had anything to do with its creation. Some recent historians have argued that the Rolls were written in the 13th century, between 1224 and 1286.


Etymology

The Rolls of Oleron are named after the Isle of
Oléron The Isle of Oléron or Oléron Island (french: île d'Oléron, ; Saintongese: ''ilâte d'Olerun''; oc, illa d'Olairon or ; la, Uliarus insula, ) is an island off the Atlantic coast of France (due west of Rochefort), on the southern side of t ...
for an unclear reason. One theory is that one of the manuscripts was copied from an exemplar of the ‘Jugements de la mer’' that was kept on the island and that the name stuck. The Rolls of Oleron are known by a variety of names, which include the "Rules of Oléron”, the "Law of Oléron", the "Charter of Oléron of the Judgments of the Sea" and the "Judgements of Oléron". Its Flemish translation became known as the “Vonnesse van Damme”.


Structure and content

The original text of the Rolls of Oleron contained 24 articles, but because some articles were subsequently omitted, divided or combined in the various copies, surviving texts sometimes include a different number of judgements. Each article regulates aspects of sea shipping, such as the payment of freightage in case of shipwreck, the reimbursement of damages, and the securement of both the ship and the cargo.


Distribution and common usage

In France, the Rolls of Oleron had been adopted as the official sea law by 1364. The document was originally written in French and later translated into Spanish, Scots and Flemish/Dutch. It is likely that the Scots translation is based on the French version because of similarities. It does not appear that the court in
Aberdeen Aberdeen (; sco, Aiberdeen ; gd, Obar Dheathain ; la, Aberdonia) is a city in North East Scotland, and is the third most populous city in the country. Aberdeen is one of Scotland's 32 local government council areas (as Aberdeen City), a ...
used the translated version in its legal practice. The Flemish/Dutch translation is known as the Vonesse van Damme. The oldest extant copies of the Rolls are in the Little Red Book of Bristol and the Liber Horn. In the second half of the 14th century, the Ordinancie appeared as a new sea law in the
Zuiderzee The Zuiderzee or Zuider Zee (; old spelling ''Zuyderzee'' or ''Zuyder Zee'') was a shallow bay of the North Sea in the northwest of the Netherlands, extending about 100 km (60 miles) inland and at most 50 km (30 miles) wide, with an ov ...
area in the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
. In most manuscripts, that law was combined with the Vonesse van Damme. Some historians have argued that the Ordinancie was written as a supplement to the Rolls, but that is not likely because two laws in the Ordinancie were copied directly from the Rolls, and the rest regulates approximately the same subjects as the Rolls. The Rolls of Oleron had been officially adopted in England by the reign of
King Edward III Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring r ...
: in 1351, a Bristol inquest confirmed that the rolls had statute of law. Most shipment of wine was done with English ships and crew. Therefore, the crew needed to know the rules. According to Albrecht Cordes, in the 14th century, the influence of the Rolls of Oleron extended to Spain and, most importantly, to Flanders, where they were translated into Flemish. However, the Rolls of Oleron were integrated in the
Navarrese Navarre (; es, Navarra ; eu, Nafarroa ), officially the Chartered Community of Navarre ( es, Comunidad Foral de Navarra, links=no ; eu, Nafarroako Foru Komunitatea, links=no ), is a foral autonomous community and province in northern Spain, ...
charter of
San Sebastián San Sebastian, officially known as Donostia–San Sebastián (names in both local languages: ''Donostia'' () and ''San Sebastián'' ()) is a city and municipality located in the Basque Autonomous Community, Spain. It lies on the coast of the ...
in 1180, which uummarsed practices already used along the coast of the Cantabrian Sea (Gulf of Biscay) and overall the European Atlantic coast. The Rolls of Oleron were relatively short compared to other contemporary sea laws and, as such, can be considered to have been among the easiest to use.Conflicts in 13th Century Maritime law: A Comparison between five European Ports
by Albrecht Cordes. Accessed 17 September 2020


Today

The Rolls of Oleron were included in the ''
Black Book of the Admiralty The ''Black Book of the Admiralty'' is a compilation of English admiralty law created over the course of several English monarchs' reigns, including the most important decisions of the High Court of Admiralty. Its starting point is the Rolls of ...
'' in 1336, but the original book unfortunately disappeared from the registry of the High Court of Admiralty at the beginning of the 19th century. Only a few manuscript copies of parts of this book, some dating to about 1420, are extant and kept in the
British Library The British Library is the national library of the United Kingdom and is one of the largest libraries in the world. It is estimated to contain between 170 and 200 million items from many countries. As a legal deposit library, the Briti ...
and the
Bodleian Library The Bodleian Library () is the main research library of the University of Oxford, and is one of the oldest libraries in Europe. It derives its name from its founder, Sir Thomas Bodley. With over 13 million printed items, it is the sec ...
. The laws are still occasionally cited as authority by U.S. courts.Maritime Law
by Nicholas J. Healy. Accessed 10 September 2020


Sources


Bibliography

* * * * *


Further reading

* Benedict EC, Jhirad EE, Knauth AW and Knauth CR (1973
''Benedict on Admiralty''
Volume 1, Ch II, § 26. M. Bender.


External links

* Full text

* Full text
The Rules of Oléron ~1266


See also

*
Lex mercatoria ''Lex mercatoria'' (from the Latin for "merchant law"), often referred to as "the Law Merchant" in English, is the body of commercial law used by merchants throughout Europe during the medieval period. It evolved similar to English common law as ...
* ''
Book of the Consulate of the Sea The ''Book of the Consulate of the Sea'' ( ca, Llibre del Consolat de Mar, lit=''Book of the Consulate of Sea'') is a compendium of maritime law that governed trade in the Mediterranean for centuries. Of Catalan origin, it was translated into ma ...
'' * Laws of Wisbuy * Law of the sea {{DEFAULTSORT:Rolls Of Oleron Admiralty law 12th century in law Oléron