 The Judgements of Oléron are the rules relating to maritime rights which have been applied on all the coasts of Europe, from the Mediterranean to the Baltic. They gave birth to modern maritime rights.
Trade in wine was flourishing in the 12th Century, when the island became part of England, as a consequence of the marriage of Eleanor of Aquitaine with Henry II Plantagenet. It was this commerce which was at root of the drafting of the Judgements of Oléron. Wine is, moreover, the only merchandise that was clearly specified just as much in the oldest texts as in the subsequent additions. Salt, for example, is never cited.
The first rules had undoubtedly been drafted by 1190, but the first documents which have reached us date from 1266. They comprise 24 clauses, eventually rising to 38.
Amongst these articles are mentioned:
- checking the ropes used for hoisting the casks,
- the compensation to the merchant if a cask is broken during this operation,
- the possibility for the merchant of loading the whole vessel he has chartered, stowage of casks,
- jettisoning casks to save the vessel,
- the payment for transport after such a loss,
- the award of damages at the time of an inspection at anchor,
- sale of wines at the time of a prolonged stay in port,
- the obligation of the master to inspect the casks which have been unloaded, remuneration to the master and his crew,
- the master is not obliged to give wine to his crew,
- Breton seamen have the right to a single meal because they drink wine,
- Norman seamen have the right to two meals because they don't drink wine.
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The Customs of Oléron is a much more complex text than the rules since it comprises 178 clauses. It was drafted around 1235, which we know from a single copy dated 1345. Those clauses complete those of the "Judgements of Oléron" for the land 'party' to commerce, particularly the rights to pay by the vessel or its cargo, and the relationships between two shipowners.
Translated by Steve Cobb. Many thanks to him.
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