Thursday, December 31, 2020

Shipyards and Shipbuilding

 

Patrick Melby, Insatiable Shipyards:The Impact of the Royal Navy on the World’s Forests, 1200-1850 (Thesis), 2012

The Royal Navy demanded 50,000 loads of oak per year to keep its shipyards in operation, while the entirety of the country required only 218,000 loads.

A load of wood = 50 cu. ft.

Newly cut oak = 60 lbs per cu. foot ( http://www.oocities.org/steamgen/woodweights.pdf )

many of the timbers used in shipbuilding were required to be at least 20 inches in diameter, a thickness not reached until an age of at least 150 years.30 Even Rackham places the age of a commercially harvestable oak at up to 150 years.

A great deal of effort went into trying to preserve the wooden hulls of ships. Constant submersion in sea water and exposure to harsh weather hardly provide ideal conditions for wood preservation. Hulls were caulked with pitch and tar as waterproofing, the production of which caused its own impact on woodlands (discussed below), and trees were even harvested during different seasons in hopes that the conditions would provide greater longevity. The Hawke, built at Deptford in 1795, was constructed using half winter-felled and half summer-felled oak as an experiment to test their relative longevity; both halves were badly decayed after only ten years. The Montegue and the Achilles of 1774 lasted about twice as long, lasting over 20 years. These numbers seem to represent the mid-range of life-spans of wooden ships. Although some reached greater ages of 40 to 50 years, those that did were the outliers and were considered very old ships 

In the fourteenth and fifteenth centuries, many ships seemed to require extensive repairs or retirement after only 5 to 15 years. In the 1580s, a group of 37 docked ships were precisely dated in documents of the High Court of the Admiralty in an effort to assess their longevity. Twelve of these ships were 10 years of age or less. Twenty-two were between 11 and 20 years. Only three were said to be older, with an eldest of 50 years.34 Such numbers suggest an estimated life expectancy of perhaps fifteen to twenty years would be an acceptable average for wooden ships. However, these figures are not restricted to naval vessels. Although merchant vessels also faced the dangers of piracy, privateers, severe weather, and other seafaring hazards, the intentional engagement in naval battle and training would naturally reduce the life expectancy of a ship. With all such concerns in mind, current research has settled on an average life expectancy of only 12 years for wooden naval vessels.35 

To further compound the demand for wood needed to build such vessels, many that survived their first decade soon required extensive refitting. The Mary Rose, for example, well exceeded the average life-span, sinking in 1545 after nearly 35 years of service. Though the final sinking of the vessel was accidental and likely the result of a design flaw after a refit, the ship had already been extensively repaired twice in its lifetime. Discovered in 1971 and raised in 1982, dendrochronological analysis of the ship’s timbers show that substantial portions of its stern were cut no earlier than the 1520s and at least one main deck beam dated to 1535, supporting contemporary records stating that the ship was refit in 1528 and 1536.36 As such repairs were common among wooden vessels, estimates on the total number of trees cut for a single ship can be compounded repeatedly as the ship grows in age. Unfortunately, although the timber used for the refitting of a single vessel was recorded at as much as 140 loads,37 data on wood use for this purpose remains too sparse during much of the period in question to draw strong generalizations.

. . . Naval policy required each ship to make port for inspection at least once every three years in a preemptive effort to avoid major repairs. Small repairs could be made relatively quickly and at minimal cost; but left untreated, a little rot or a few cracks could quickly grow into a major problem, requiring several years and great expense to remedy. Of course, major repairs were still necessary from time to time, and even minor repairs represented a constant drain on wooded resources, making repair one of the major contributors to Albion’s argument for the shipyard-driven “timber problem.”38 At the very least, we can assume that the use of wood for repair work offsets the extended life span of outliers like the Mary Rose. A very few ships lasted as long as 50 years, thus not needing replacement for four times the average life-span of military vessels. . . . .

William McNeill’s estimate of an average use of 4,000 mature oaks for a single ship.43 In such a case, the construction of a single ship-of-the-line would require the clearing of eighty full acres of this imaginary landscape. In the year 1790, the Royal Navy had about 300 ships in its ranks.44 To build this navy, at least 1,200,000 good oaks , , , ,

As little as ten and at most fifty percent of each tree felled for ship timber could actually be utilized for that purpose. Warde, “Wood and Wood Products,” 9. Once at the shipyards, the wood which could not be used in shipbuilding did not go to waste. Chips, any piece below three feet of length, were considered property of the shipwrights which they used or sold for firewood or even other building purposes. Often it was complained that shipwrights intentionally splintered the planking of ships under repair or sawed up good wood into three foot lengths, abusing this policy.  . . .

 

Even after trade with the Baltic region and Norway started bringing in larger masts than could be found domestically, many were still insufficiently sized to carry the very large sails of naval vessels, and the difficulty of procuring such great masts only increased over time. For that reason, English shipwrights more frequently were forced to settle for the use of made masts (masts built by binding smaller pieces of wood together with iron bands) until the massive timbers from New England and Canada became available in the early seventeenth century.


Access to American white pine breathed new life into the shipbuilding industry. The size, quality, and abundance of masts to come out of New England and Canada surpassed that found anywhere else, and they were added to domestic oak hulls, and topmasts and planking from the Ukraine, Poland, Norway, and elsewhere to carry the Royal wooden fleet to its peak.  

Furthermore, imported naval stores by no means stopped at timber. Pitch and tar were used for caulking and waterproofing of ships. Such products are derived from the refining of softwoods and can cause a great deal of wood consumption for a relatively meager volume of production. Britain, however, lacked sufficient softwood resources for this purpose, so neither pitch nor tar could be produced domestically to any degree. By the opening of the seventeenth century, Sweden was the source of choice for suitable softwoods, and hundreds of thousands of cubic meters worth of wood were cut and refined for export to England. Little more than a decade later, Russian and North American imports surpassed those from Sweden, totaling approximately 1,500,000 cubic meters of softwood harvested each year. In total, the biggest volume of wood demand for shipbuilding each year was for tar and pitch, dwarfing that of oak or any other solid wood.


Sunday, September 13, 2020

Law Treatises and Legal Terminology

 


Gentleman of the Middle Temple, The Grounds and Rudiments of Law and Equity (1755) (available online at Google Books)

Latin Translator -- https://www.webtran.eu/latin_english_translator/

p 12 -- Actus non facit reum nici mens sit rea.   The act is not guilty unless the mind is guilty.

"No felony or murder may be committed without a felonious intent and purpose;"

p. 207 -- Ubi non est lex, ibi non est transgreſſio, quoad mundum.

Th; purpoſe or intent of a man without ačt, is not puniſhable by law.  

God only can ſearch the heart, and know the thoughts of man; for the thoughts of man are deceitful above meaſure, much less can one man dive into the thoughts of another; for they are unsearchable and past finding out nothing being more inconſtant and deceitful, ſo as they can only be gueſſed at by overt ačts, and that with great incertainty, and therefore human - laws can go no further than to judge of the intent by the act.

P. 21 -- Apices juris non sunt jura -- The tips of rights are not the rights.

"The law of England reſpečteth the effe&t and ſubſtance of the mat ter, and not every nicety or form of circumſtance."

p. 26 -- Caveat emptor -- Buyer Beware.  Buyer is responsible for due dilligence

p 275 -- Purchaſer, without notice, not bound to diſcover to his own hurt. 

When one is obliged to give notice to another, it is thus, when the matter lieth more in the knowledge of the one that, the other, and he cannot come to that knowledge but by his means; but when one knows as well as the other, neither is bound to give notice.

p. 31 -- Pater et mater et puer ſunt una caro - The father and mother and child are one body.

p. 36 -- "Conscience must always be grounded upon some law."

p. 42 -- "Contračis are to be taken according to the intent of the parties, expreſſed by their own words. I. A'. contraćts are to be taken according to the intent of the parties expreſſed by their own words, and if there be any doubt in the ſenſe of the words, ſuch interpretation muſt be made as is moſt ſtrong againſt the grantor or obligor, that he may not by obſcure wording of the contračt find means to evade and elude it."

p. 56  -- Dona clandestina sunt semper suspiciosa. -- Claims of gifts are always suspicious.

p. 57 -- Donatio principis intelligitur sine praejudicio tertii -- Presentation of the captain is without prejudice to a third party.

Though the king may dispense with a statute prohibiting a matter indifferent to be done, yet he cannot change the common law by his patent.  

The king may not grant that if a man treſpaſs upon me, I ſhall not have an action againſt him.

p. 101 -- Every issue ought to conſiſt of an affirmative and a negative.

p. 107 -- Exceptio probat regulam.  The exception proves the rule.

p. 118 -- Felony, the puniſhment annexed to it was, ut poena ad paucos, metus ad omnes, perveniat.  so that punishment may come to a few, but the fear of it all, (Make an example) 

The puniſhment of felony is grievous, 1. To lose his life; 2. In so odious a manner, as to be hanged by the neck between heaven and earth as unworthy of both ; 3. To loſe his blood, as well to his anceſtry; for he is reckoned the ſon of the earth without any anceſtor ; as well as to his poſterity, for his blood is corrupt, and he hath neither heir nor poſterity; 4. His lands; 5. His goods; and in ſuch caſe the king hath, annum, diem et vaſium, to the intent that his wife and children may be caſt out, his houſes and buildings laid waſte, his trees rooted up by the roots, his meadows ploughed, and all things that he hath for his comfort, delight or ſuſtenance, be waſted and deſtroyed, becauſe he hath so feloniously offended againſt the law; and all this was,

p. `122 -- Fictio cedit veritati.  Fiction yields to truth

p. 142 -- Impotentia excusat legem.  Inability to perform excuses the law.

p. 172 -- King, head of the law, and fountain of juſtice. 

THE king is stabilimentum justitiae (upholds justice) The king is the fountain of juſtice and common right, and God's vicegerent, and, as ſuch, can do no wrong,

p. 176 -- Law favours juſtice and truth, but abhors falſhood, variance, contrariety, folly, negligence, delay, unneceſſary circumſtances, circuity of actions and matters of vexation, infiniteness and uncertainty. 

Favours juſtice and truth. 

Executio juris non babet injuriam, the law is good, the abuſe thereof is the fault. Hob. 266. 2. Statutes to ſuppreſs tort, or toll fraud, bind the king, though not named ; for juſtice and truth are the ſupporters of his diadem.

3.  The king may not determine the office of a ſheriff or any part of it, without making a new ſheriff for the execution and adminiſtration of ju ſtice. 4 Co. 33 

4. Entries of feigned ačtions in London, were utterly condemned by the whole court; for that by colour of law and juſtice, they by ſuch means aćted againſt both, and made law and juſtice the author and cauſe of tort and injuſtice. 4 Co. Counteſs of Rutland's caſe.

p. 179 -- Uncertainty is the mother of contention and confuſion.

p. 188 -- [Conflicts of Interest] The law was provided not to engender, but prevent suits; and - therefore provides that things be done by indifferent means and perſons; that there be no suspicion of indifferent dealing.

196 -- Liberty is the greatest jewel

p. 241 -- Drunkard, who by his own vicious ačt depriveth himſelf of his memory and underſtanding, ſhall have no benefit or privilege, as being non compos mentis, either to him or his heirs, &c. Co. Lit. 247. a. See 4 Co. Beverley's caſe. 2. As for a drunkard who is voluntarius daemon, he hath, as hath been ſaid, no benefit or privilege thereby; but what hurt or ill ſoever he doth, his drunkenneſs aggravateth it. Omne crimen ebrietas et incendit et detegit.


p. 260 -- Particeps criminis -- accomplice to a crime

p. 270 -- Plus peccat author quam actor.  More seriously as an actor responsible 
One preſent at the death of another, whom he incited a third perſon to kill; by this he is principal, as well as he who actually committed the murder.

p. 286 -- Qui semel malus semper praesumitur else malus in codem genere.  He once bad is presumed else bad in the same class.

ACTION for words, ſaying of a merchant, he came a broken merchant from Hamborough, held actionable; and not like the caſe where one ſaid of a merchant, That he was a poor man within theſe feven years; or of a workman, That he was a weak workman, and had but little ſkill within theſe few years, where adion lieth not; for that he may be a rich man, or a good workman at the time of the ſpeaking; and there they do not charge him with any crime, and by intendment it may have a good conſtruction ; but here he chargeth him with having been once broken,


p. 296  -- Ratio legis eft anima legis.  Reason is the soul of the law.

The outward words of the law are not the law, but the inward ſenſe and meaning thereof; for our law, as all others, hath two parts, fleſh and ſoul, the letter reſembleth the fleſh, and the intent and reaſon the ſoul;

p. 304 -- Res judicata pro veritate habetur.  It has been judged to have truth.

When a matter hath received the ſanétion of a judgment or decree on its fide, the preſumption is, that it is right; for res judicata pro veritate habetur; as when our judges or courts of law acknow ledged the pope head and grand ſovereign from whom all eccleſiaſtical per ſons had their power.















Thursday, September 10, 2020

Library Books of Note

Todd Andrlik, Reporting the Revolutionary War  973.3 REP

David McCullough, The American Spirit  973 MCC

Gordon S. Wood, The Idea of America  973.3 WOO