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Digital Ethics

This fifth volume in Christian Fuchs’s Media, Communication and Society series presents foundations and
applications of digital ethics based on critical theory. It applies a critical approach to ethics within the
realm of digital technology.
Based on the notions of alienation, communication (in)justice, media (in)justice, and digital
(in)justice, it analyses ethics in the context of digital labour and the surveillance-industrial complex;
social media research ethics; privacy on Facebook; participation, co-operation, and sustainability in
the information society; the digital commons; the digital public sphere; and digital democracy. The
book consists of three parts. Part I presents some of the philosophical foundations of critical, humanist
digital ethics. Part II applies these foundations to concrete digital ethics case studies. Part III presents
broad conclusions
­­ about how to advance the digital commons, the digital public sphere, and digital
democracy, which is the ultimate goal of digital ethics.
This book is essential reading for both students and researchers in media, culture, communication
studies, and related disciplines.

Christian Fuchs is Chair Professor of Media Systems and Media Organisation at Paderborn University,
Germany. His fields of expertise are critical digital and social media studies, Internet and society, the
political economy of media and communication, information society theory, social theory, and critical
theory. He is the author of numerous publications in these fields.
Digital Ethics
Media, Communication and Society
Volume Five
Christian Fuchs
Cover image: mammuth, Getty Images
First published 2023
by Routledge
4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2023 Christian Fuchs
The right of Christian Fuchs to be identified as author of this work has been
asserted in accordance with sections 77 and 78 of the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in any
information storage or retrieval system, without permission in writing from the
publishers.
Trademark notice: Product or corporate names may be trademarks or registered
trademarks, and are used only for identification and explanation without intent
to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Fuchs, Christian, 1976- author.
Title: Digital ethics / Christian Fuchs.
Description: Abingdon, Oxon; New York, NY: Routledge, 2023. |
Series: Media, communication and society; volume five |
Includes bibliographical references and index.
Identifiers: LCCN 2022010363 (print) | LCCN 2022010364 (ebook) |
ISBN 9781032246147 (hardback) | ISBN 9781032246161 (paperback) |
ISBN 9781003279488 (ebook)
Subjects: LCSH: Internet—Moral and ethical aspects. |
Internet—Social aspects. | Information society.
Classification: LCC TK5105.878 .F83 2023 (print) |
LCC TK5105.878 (ebook) | DDC 395.5—dc23/eng/20220625
LC record available at https://lccn.loc.gov/2022010363
LC ebook record available at https://lccn.loc.gov/2022010364
ISBN: 978-1-032-24614-7 (hbk)
ISBN: 978-1-032-24616-1 (pbk)
ISBN: 978-1-003-27948-8 (ebk)
DOI: 10.4324/9781003279488
Typeset in Univers
by codeMantra
Contents

List of Figures vi
List of Tables vii
Acknowledgements ix

PART I
Foundations 1

1 What Is Digital Ethics? 3


2 Foundations of Communication/Media/Digital (In)Justice 21
3 The Ethics of the Digital Commons 45

PART II
Applications 81

4 Information Ethics in the Age of Digital Labour and the Surveillance-


Industrial Complex 83
5 “Dear Mr. Neo-Nazi, can you please give me your informed consent
so that I can quote your fascist tweet?”: Questions of Social Media
Research Ethics in Online Ideology Critique 105
6 Towards an Alternative Concept of Privacy 119
7 The Ethics and Political Economy of Privacy on Facebook 141
8 Information Technology and Sustainability in the Information Society 165
9 Theoretical Foundations of Defining the Participatory, Co-operative,
Sustainable Information Society (PCSIS) 193

PART III
Conclusion 219

10 The Digital Commons and the Digital Public Sphere: How to Advance
Digital Democracy Today 221

Index 244
Figures

2.1 The matrix of domination in intersectional theories (based on Adams


and Zúñiga 2016, 162) 29
3.1 Tweet by Nigel Farage in the context of the Brexit-referendum 73
7.1 Capital accumulation on Facebook 146
8.1 The vicious cycle of neoliberalism 179
9.1 Society as a dynamic, dialectical system 195
9.2 Share of developed economies in world GDP 198
10.1 Club 2.0, first published as Creative Commons in Fuchs (2018b, 74) 230
Tables

1.1 The application of four ethical approaches to digitalisation 7


2.1 A typology of theories of justice 23
2.2 Axel Honneth’s theory of recognition 25
2.3 Nancy Fraser’s theory of justice 26
2.4 Iris Marion Young’s concept of the five faces of oppression (based on
Young 1990, Chapter 2) 27
2.5 A typology of injustice as alienation in the economy, politics, and culture 33
2.6 Alienation as injustice in capitalist society 35
2.7 The communicative dimension of different forms of injustice 36
2.8 Forms of alienated communication and alienated media/means of
communications 37
2.9 The interaction of class, racism, gender oppression 37
2.10 Types of digital alienation 39
2.11 Dimensions of a humanist society 40
2.12 Forms of humanist and just communication/media 41
2.13 A typology of just, humanist digital communication(s) 42
3.1 Types of goods in the economic theory of goods 46
3.2 Three dimensions of the digital commons 69
5.1 The most active and most mentioned users in the Corbyn dataset 115
6.1 A typology of privacy theories 123
8.1 Approaches on sustainability and information society policies (based
on: Fuchs 2010) 170
8.2 Internet and computer use statistics for the EU (data source: Eurostat) 173
8.3 Regions in the EU, where in 2015 less than 60% of households had
broadband access at home (data source: Eurostat) 174
8.4 Regions in the EU, where in 2015 40% or more have never used a
computer (data source: Eurostat) 174
8.5 Market share of the incumbent in fixed line broadband subscriptions
and minimum level of the Herfindahl–Hirschman-Index, data for
2015, data source: European Commission 2015 176
8.6 Market share of the incumbent in mobile network subscriptions
and minimum level of the Herfindahl–Hirschman-Index, data for
2014, data source: Eurostat (Digital Agenda Key Indicators), UK and
Germany: Ofcom (2015) 177
viii Tables

8.7 The world’s most profitable transnational information corporations in


the year 2015 (data source: Forbes 2000, 2015 list) 183
8.8 A dialectical view of the un/sustainability of ICTs and the
information society 187
9.1 An overview of structures in society 196
9.2 Approaches on the sustainable information society 200
9.3 Dimensions of sustainability 210
10.1 The domination transnational communication and digital
corporations, data sources: Forbes 2000 List (year 2020), https://
www.forbes.com/global2000, accessed on 7 October 2020 222
10.2 Four types and dimensions of the commons 233
10.3 Four types and dimension of the digital commons 234
10.4 Three political economies of digital platforms (further development
based on: Fuchs 2021, Table 8.2) 237
Acknowledgements

Chapter 2 was first published as a journal article using a Creative Commons CC-BY li-
cence that allows reprint: Christian Fuchs. 2021. Foundations of Communication/Media/
Digital (In)Justice. Journal of Media Ethics 36 (4): 186–201. http://doi.org/10.1080/2373
6992.2021.1964968

A shorter version of Chapter 3 was first published as a journal article. The chapter is
an extended version of the original paper. It has been reused and extended based on a
contractual stipulation in the author agreement with Taylor & Francis that allows republi-
cation and modification. Christian Fuchs. 2020. The Ethics of the Digital Commons. Jour-
nal of Media Ethics 35 (2): 112–126. https://doi.org/10.1080/23736992.2020.1736077

Chapter 4 was first published as a book chapter. It has been reprinted based on a stip-
ulation in the author agreement that enables the author to reprint his chapter in a volume
of his own works. Fuchs, Christian. 2016. Information Ethics in the Age of Digital Labour
and the Surveillance-Industrial Complex. In Information Cultures in the Digital Age: A
Festschrift in Honor of Rafael Capurro, ed. Matthew Kelly and Jared Bielby, 173–190.
Wiesbaden: Springer.

Chapter 5 was first published as a book chapter. It has been reprinted based on a
stipulation in the author agreement that enables the author to reprint his chapter in a
volume of his own works. Fuchs, Christian. 2018. “Dear Mr. Neo-Nazi, can you please
give me your informed consent so that I can quote your fascist tweet?”: Questions of
Social Media Research Ethics in Online Ideology Critique. In The Routledge Companion
to Media and Activism, ed. Graham Meikle, 385–394. Abingdon: Routledge.

Chapter 6 was first published as a journal article. It has been reprinted based on Em-
erald’s Author Rights (https://www.emeraldgrouppublishing.com/our-services/authors/
author-policies/author-rights) Fuchs, Christian. 2011. Towards an Alternative Concept of
Privacy. Journal of Information, Communication and Ethics in Society 9 (4): 220–237.
https://doi.org/10.1108/14779961111191039
x Acknowledgements

Chapter 7 was first published as a journal article. It has been reprinted based on
SAGE’s Author Archiving and Re-Use Guidelines (https://uk.sagepub.com/en-gb/eur/
journal-author-archiving-policies-and-re-use): Fuchs, Christian. 2012. The Political
Economy of Privacy on Facebook. Television & New Media 13 (2): 139–159. https://doi.
org/10.1177%2F1527476411415699

Chapter 8 was first published as a journal article. It has been reprinted with per-
mission of International Journal of Communication. Fuchs, Christian. 2017. Informa-
tion Technology and Sustainability in the Information Society. International Journal of
Communication 11: 2431–2461. Published open access: https://ijoc.org/index.php/ijoc/
article/view/6827

Chapter 9 was first published as a journal article. It has been reprinted based on a
contractual stipulation in the author agreement with Taylor & Francis that allows re-
publication. Christian Fuchs. 2010. Theoretical Foundations of Defining the Participatory,
Co-operative, Sustainable Information Society (PCSIS). Information, Communication, and
Society 13 (1): 23–47. https://doi.org/10.1080/13691180902801585

Chapter 10 was first published as a journal article using a Creative Commons CC-BY
licence that allows reprinting it. Christian Fuchs. 2021. The Digital Commons and the
Digital Public Sphere: How to Advance Digital Democracy Today. Westminster Papers in
Communication and Culture 16 (1): 9–26. https://doi.org/10.16997/wpcc.917
Part I

Foundations
Chapter One
What Is Digital Ethics?

1.1 About this Book


1.2 What Is Ethics?
1.3 What Is Digital Ethics?
1.4 The Chapters in this Book

1.1 About this Book


This book asks: what does digital ethics look like when it is based on the critical theory
of Marxist humanism? What are the principles of critical, Marxist-humanist ethics and
how can this approach be applied for explaining digital society’s moral principles and
practices?

The book at hand is the fifth volume of a series of books titled “Media, Communica-
tion and Society”. The overall aim of Media, Communication & Society is to outline the
foundations of a critical theory of communication and digital communication in society.
It is a multi-volume book series situated on the intersection of communication theory,
sociology, and philosophy. The overall questions that “Media, Communication & Society”
deals with are: what is the role of communication in society? What is the role of commu-
nication in capitalism? What is the role of communication in digital capitalism?

Based on critical theory and Marxist humanism, this book presents foundations and ap-
plications of digital ethics. It combines the approaches of Aristotle, Karl Marx, and Alas-
dair MacIntyre and applies this combination to the realm of digital technology. The book
outlines based on Marx’s notion of alienation principles communication (in)justice, media
(in)justice, and digital (in)justice. It analyses the digital commons, ethics in the context
of digital labour and the surveillance-industrial complex, social media research ethics,
socialist privacy, privacy on Facebook, participation, co-operation and sustainability in the
information society, the digital commons, the digital public sphere, and digital democracy.

The book consists of three parts. Part I (Chapters 1–3) presents philosophical founda-
tions of critical, Marxist-humanist digital ethics. Part II applies these foundations to
concrete digital ethics case studies (Chapters 4–9). Part III (Chapter 10) presents broad

DOI: 10.4324/9781003279488-2
4 Foundations

conclusions about how to advance the digital commons, the digital public sphere, and
digital democracy, which is the penultimate goal of digital ethics.

The three key authors whom you will encounter in this book are Aristotle, Karl Marx, and
Alastair MacIntyre.

Aristotle (384-322 BC) was a Greek philosopher. He founded the Aristotelian tradition of
philosophy, of which virtue ethics forms one part. Among Aristotle’s most well-known
books are Metaphysics, Physics, De Anima, Politics, Nicomachean Ethics, and Eudemian
Ethics. Aristotle influenced philosophers such as Averroes, Avicenna, Thomas Aquinas,
Francis Bacon, Nicolaus Copernicus, René Descartes, Georg Wilhelm Friedrich Hegel,
Karl Marx, Hannah Arendt, Alasdair MacIntyre, Martha Nussbaum, and Michael Sandel.

Karl Marx (1818–1883) was a philosopher, economist, sociologist, journalist, and revolu-
tionary socialist. In 1999, he won a BBC online poll that determined the millennium’s “great-
est thinker” (BBC 1999). His key works include Economic and Philosophic Manuscripts, The
Manifesto of the Communist Party (together with Friedrich Engels), Grundrisse, and the
three volumes of Capital. Karl Marx plays a role throughout this book in all chapters.

Alasdair C. MacIntyre (born in 1929) is a philosopher and the most well-known and most
influential contemporary Aristotelian philosophers. His thought was especially influ-
enced by Aristotle, Karl Marx, and Thomas Aquinas. MacIntyre argues that Aristotelian
ethics has been rather forgotten and ignored. His task is to renew Aristotelian moral
philosophy. Among MacIntyre’s books are Marxism: An Interpretation, A Short History of
Ethics, Marxism and Christianity, After Virtue, Dependent Rational Animals: Why Human
Beings Need the Virtues, and Ethics in the Conflicts of Modernity: An Essay on Desire,
Practical Reasoning, and Narrative.

Each chapter focuses on illuminating answers to a specific question:

Chapter 1: What is ethics? What is digital ethics?


Chapter 2: What are communication justice, media justice, and digital justice and
how can they be studied based on Marxist humanism?
Chapter 3: Why is it morally good to foster the digital commons and how can we
ethically justify the importance of the digital commons?
Chapter 4: How can Rafael Capurro’s information ethics inform the critical analysis of
digital labour and the surveillance-industrial complex?
Chapter 5: What kind of research ethics do we need in Internet and social media
research?
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harbour of St. Lucar until the 7th of November, whence he had
himself conveyed, broken down in health and spirits, to Seville,
where he hoped to enjoy rest after the many hardships and anxieties
he had encountered.
But there was no rest for the great navigator. Care
His sufferings, and sorrow were destined in his latter days to
and death, 20th follow him by sea and land. All his affairs were in
May, a.d. 1506.
confusion. Exhausted and infirm he was unable to
seek an audience of his sovereigns; the letters he addressed to
them, pleading for his rights, and asking simple justice at their
hands, remained unanswered; and the discoverer of a New World,
who had adorned the crown of Spain with by far its brightest jewels,
broken down by infirmities, lay despised and impoverished in the city
of Seville. This extraordinary conduct on the part of the sovereigns
of Spain is, however, in some measure accounted for by the fact that
Isabella lay dangerously ill, of an illness from which she never
recovered; while the cold-hearted Ferdinand, instigated no doubt by
the enemies of Columbus, treated all his applications, if he ever read
them, with indifference.
During the remainder of the winter, and a part of the spring,
Columbus was detained by painful illness at Seville, and when in
May, 1505, he was able to be removed to Segovia, where the court
then sat, Ferdinand had lost sight of all his past services, in what
appeared to him the inconvenience of his present demands, though
receiving the once courted navigator with many professions of
kindness. Months were however spent in unavailing attendance upon
the court. In the meantime his cares and sorrows were fast drawing
to a close. He had for some time felt that he was dying, and having
arranged as best he could his worldly affairs, he resigned himself
into the hands of that great God whom he had worshipped with the
same sincerity in his hours of triumph as he had done in the time of
his deep adversity. On the day of Ascension, the 20th of May, 1506,
being about seventy years of age, Christopher Columbus, who had
done so much without reward, and suffered so much without
upbraiding, passed silently away to, I doubt not, a better and a
happier world.

FOOTNOTES:
[754] Voyages of Columbus, vol. i. p. 258.
[755] See “Letters from the Tropics,” by the Rev. C. Kingsley in “Good Words” for
1870.
[756] W. Irving, p. 92.
[757] Select Letters of Columbus. Introd. p. lxiv.
[758] Hakluyt, “Col. Voyages,” p. 7.
[759] Voyages of Columbus, vol. ii. p. 1.
[760] Vol. ii. p. 7.
[761] Select Letters of Columbus, p. 19, et seq.
[762] Memorial addressed by Columbus to Antonio de Torres, for Ferdinand and
Isabella, from the city of Isabella, dated Jan. 30th, 1494, in “Select Letters of
Columbus,” p. 73, et seq.
[763] Memorial, p. 79.
[764] This word is said to be derived from the Indian name for this tempest,
Urican.—W. Irving, p. 201.
[765] Letter of Columbus to Doña Juana de la Torres, in “Select Letters of
Columbus,” pp. 153 and 158.
[766] Voyages of Columbus, vol. iii. p. 164.
[767] Letter of Columbus from Jamaica, “Select Letters,” p. 20.
MERCHANT SHIPPING
VOL. I.

APPENDIX.
CONTENTS OF APPENDIX.
PAGE
1. Note by Rev. J. O. W. Haweis on the Rowing of Ancient
625
Galleys
2. Ordinances of Richard I. for his sailors, A.D. 1190 628
3. Mandate for the “Cogge of Norway” 629
4. Charter of Edward I. to Cinque Ports, A.D. 1272-1307 629
5. Wages of Sailors, temp. Edward I. 632
6. Roll of the Ships of Edward III. before Calais 634
7. Cost of the Repairs of Edward III.’s Ships 636
8. Extracts from Sir T. Duffus Hardy’s Syllabus of Rymer’s
642
“Fœdera”
9. Form of “Safe Conduct” 650
10. Form of the “Arrest of Ships” 652
11. Form of the “Arrest of Mariners” 653
12. Extracts from “Register of Grants” 653
13. Ancient form of Procedure for the Restitution of Goods
654
unlawfully seized
APPENDICES.
APPENDIX No. 1.
Note by Rev. J. O. W. Haweis on the rowing of ancient Galleys.
On a fine summer evening, when the author was seated beneath the
tall elm-trees which overshadow his residence at Shepperton, on the
banks of the Thames, he had the pleasure of a visit, accompanied by
the Rector of the parish, from the Rev. J. O. W. Haweis, of Colwood,
Crawley, in the county of Sussex. The author at the moment was in
the midst of various calculations, endeavouring to solve the vexed
problem of how the galleys of the ancients were rowed. As Mr.
Haweis took an interest in scientific pursuits, he handed to him for
consideration the notes he had made on the subject of rowing
galleys, calling his attention to the fact that all ancient authors had
spoken of the operation as being accompanied by the sound of
music. Curious to know how a gentleman of his turn of mind would
deal with the question, the author requested to be favoured with Mr.
Haweis’s views on the subject under consideration. The following
notes and illustrations are the result. Though he does not think they
solve the problem, or would be applicable to the various descriptions
of ancient galleys of which accounts have been preserved, they are
sufficiently novel and ingenious as to be worthy of preservation.
“I merely propose,” remarks Mr. Haweis, “a possible quinquereme,
which I imagine might be practically navigated. I am well aware that
there is no reason to suppose it the actual plan of any ancient galley.
The two sketches will explain themselves.
“I assume the interior breadth as from 27 to 30 feet at the largest
part.
“The highest rowlock as 9 feet, the lowest 3 feet from water-line.
“The interior fittings waterproof to the height of 6 feet.
“The lower and second rowlocks, closeable at will by the rower
drawing a plug from without, as the rising sea makes them useless.
“The disposition of rowlocks would thus be, for a set:—

I cannot find any other way in which to avoid collisions.


“The oars are 9 feet, 13 feet, 18 feet, 24 feet 6 inches, and 35 feet.
The long oars have handles thus:—

and feather in reverse, by the pusher dropping his hands, and so


helping to recover the puller.
“Any two of these oars might be pulled in time with that next above
or below it without much inconvenience, but the loss of power in
thus working 1 and 5 would be enormous.
“Let 5 and 4 pull together to beat of drum; four strokes and returns
to eight beats—
“Let 3 pull two strokes and returns—

“Let 2 keep time with 3, the men advancing and retreating two
steps.
“Let 1 take four steps forward in the two bars, and return in the
same time.
“Thus all commence the stroke together; 2 and 3 renew the impulse
at the bar; 4 and 5 do the same at half-bar.
“The beat of drum would be accented thus:—

“Thus all would work together, and each man have the beginning of
his stroke marked.
“There might be also a deck or gangway on each side for the
protection of the men from sun and rain.
“Very large sweeps were exhibited as in actual use in the Exhibition
of 1851, if I remember right.
“From some rude experiments with fir poles, I think 35-feet oars
could be efficiently handled.
“The lower tiers would ship first, and the hands assist the upper.
“These are mere notions; but if they should be new to you, I shall
be glad I entertained them.”
APPENDIX No. 2.
Ordinances made by King Richard to be observed among seafaring
men, a.d. 1190, in the second year of his reign.
“Firste, that if any man chanced to slea another on
Sleigers of men. the Shipbord he should be bound to the deed body
and soe throwen into the sea.
“Secondly, if he killed him on land he should yett be bound to him as
before, and soe buryed quicke, together.
“Thirdly, if any man should be convicted by lawfull
Brauling. witnesse that he drewe any weapon to strike any
other, or chanced, by striking of any man, to drawe
blood of him that was smitten, he should loose his hand.
“Fourthly, if he give but a blowe with his fist,
The punishment without bloodsheddinge, he should be plunged
for blood three severall tymes over head and eares in water.
drawing.
“Fiftly, if any man reviled another he should for
every tyme soe missusinge himselfe forfeit an
Revilers.
ounce of silver.
“Sixtely, if any man were taken with thefte or
Thefte and pickerye, and thereof konuicted, he should have
Pickerry. his head poolled and hot pitche powred upon his
pate and upon that the feathers of some pillowe or
cushione shaken aloft, that he might thereby be knowne for a
theefe, and at the next arrivall of the shipps to any land, be put forth
of the Company to seeke his adventure without all hope to retourne
to his fellowes.”[768]
APPENDIX No. 3
A Mandate for the King of Norway, in favour of his ship the Cogge.
“Anno Domini 1229, 13th year of Henry III.
“Wee will and command all bailliffes of Portes att the which the
Cogge of Norway (wherein certain of the King of Norway, his
souldiers, and certayne Marchants of Saxonie, are cominge for
England) shall touche, that when the forsaid Cogge shall chance to
arrive att any of there hauens, they doe permitt the said Cogge
safely to remayne in ther said hauens, soe long as need shall
require, and without impedimente alsoe freely to deperte thence
whensoever the governair of the said Shipp shall thinke it
expediente.
“Witnesse the Kinge.”[769]
APPENDIX No. 4.
New Charter of the Liberties of the Cinque Ports,
confirmed in the time of King Edward, son of King Henry
(Edward I., a.d. 1272-1307).
“Edward, by the grace of God, King of England, Lord of Ireland, and
Duke of Aquitaine, to the Archbishops, Bishops, Abbots, Priors, Earls,
Barons, Justiciaries, Sheriffs, Provosts, Officers, and all Bailiffs and
his lieges health, Know ye that we, for the faithful service which our
Barons of the Cinque Ports have rendered heretofore to our
predecessors Kings of England and to us lately in our army of Wales,
and for the service to us and our heirs Kings of England faithfully to
be continued for the future, have granted and by this our Charter
have confirmed for us and our heirs to the same our Barons and
their heirs all their liberties and quittances, so that they may be quit
of all duty [thelonium] and from all custom, viz.: from all lastage,
tallage, passage, cayage, rivage, sponsage, and from all wrekke, and
from all their selling, buying, and redeeming [rechato] through all
our land and dominion with soc and sac and thol and theam; and
that they may have infangenethef; and that they may be Wrekfri and
Wytefri and lastagefri and lovetopfri; and that they may have Den
and stronde at Gernemuthe, according as it is contained in an
ordinance by us made to that end, and to be observed perpetually;
and moreover that they may be quit from shires and hundreds, so
that if any shall wish to plead against them, they may not answer
nor plead otherwise than they were wont to plead in the time of the
Lord Henry the King, our great-grandsire; and that they may have
their findings in sea and on land; and that they may be quit of all
their property and of all their markets like as our free men; and that
they may have their honours in our court and their liberties through
all our land whithersoever they shall have come; and that for all
their lands which they possessed in the time of the Lord Henry the
King, our father, namely, in the year of his reign the forty-fourth,
they may be quit for ever of common summonses before our
Justiciaries for whatever pleas itinerant in whatever counties of this
land they may be; so that the same may not be bound to come
before the Justiciaries aforesaid unless any of the same Barons
should implead any one or be impleaded by any one; and that they
may not plead elsewhere except where they ought and where they
were wont, namely, at Shypwey; and that they may have the
liberties and quittances aforesaid for the future as they themselves
and their predecessors have ever held them better more fully and
more honourably in the times of the Kings of England—Edward,
William the First, and Second, King Henry, our great-grandsire, and
in the times of King Richard and King John, our grandsire, and of the
Lord Henry the King, our father, by Charters of the same, like as
those Charters, which the same our Barons have to that effect, and
which we have inspected, reasonably testify. And we prohibit that
any should unjustly disturb them or their market on pain of forfeiture
of ten pounds; so however that when the same Barons shall have
failed in doing and receiving justice, our Warden, and the Warden of
our heirs of the Cinque ports for the time being, may enter their
ports and liberties in their default for the purpose of doing full justice
therein; so also that the said Barons and their heirs do to us and our
heirs, Kings of England, by the year their full service of fifty and
seven ships at their own cost for fifteen days at the summons of us
and our heirs. We have granted moreover to the same of our special
grace that they may have outfangenethef in their lands within the
ports aforesaid in the same manner as the Archbishops, Bishops,
Abbots, Earls, and Barons have in their manors in the county of
Kent; and that they be not put in assizes of juries or in any
recognitions by reason of their forinsec tenure against their will; and
that concerning their own wines, in which they traffic, they may be
quit of our right prise [recta prisa], viz., one cask of wine before the
mast and another behind the mast. We have granted moreover to
the same our Barons for ourselves and our heirs that they may have
for ever this liberty, namely, that neither we nor our heirs shall have
wardship or marriages of their heirs by reason of their lands which
they hold within the liberties and ports aforesaid, for which they do
their service aforesaid, and of which neither we nor our
predecessors have had wardship or marriages in times past. The
aforesaid our confirmation however of liberties and quittances
aforesaid, and other our grants following, we have caused to be
made to them anew of our special grace, saving always in all things
our Royal dignity, and saving to us and our heirs the pleas of our
crown of life and limbs. Wherefore we will and firmly command for
ourselves and our heirs that the aforesaid Barons and their heirs
have for ever all the liberties and quittances aforesaid, as the
Charters aforesaid reasonably testify; and that of our special grace
they have utfangenethef in their lands within the ports aforesaid in
the same manner as the Archbishops, Bishops, Abbots, Earls, and
Barons have in their manors in the county of Kent; and that they be
not put in assizes of juries or in any recognitions by reason of their
forinsec tenure against their will; and that concerning their own
wines, in which they traffic, they may be quit of our right prise, viz.,
one cask of wine before the mast and another behind the mast; and
that in like manner they have for ever the liberty aforesaid, viz., that
neither we nor our heirs have wardship or marriage of their heirs by
reason of their lands which they hold within the liberties and ports
aforesaid, for which they do their service aforesaid, and of which
neither we nor our predecessors have had wardship or marriages in
times past. The aforesaid our confirmation however of the liberties
and quittances aforesaid and other our grants following we have
caused to be made to them anew of our special grace saving always
in all things our Royal dignity, and saving to us and our heirs the
pleas of the crown of life and limbs, as is aforesaid. These being
Witnesses, the Venerable Father Robert [Kilwarby], Bishop of Porto,
Cardinal of the Holy Roman Church, William de Valentia [Valence],
our uncle, brother William de Southampton, Prior provincial of Friars
Preachers in England, Roger de Mortuomari [Mortimer], Roger de
Clifford, Master Walter Scamel, Dean of Sarum, Master Robert de
Scardeburg, Archdeacon of the East Riding, Bartholomew de
Suthleye, Thomas de Weylond, Walter de Hopton, Thomas de
Normanville, Stephen de Penecestre, Francis de Bouene, John de
Louetot, John de Metyngham, and others. Given by our hand at
Westminster the seventeenth day of June in the sixth year of our
reign [1278].”[770]
APPENDIX No. 5.
Account of the Freights and of the Wages of the Sailors of
the ships of Edward I. in divers fleets at divers ports,
assembled as well for the passage of the King to Flanders
as also for the Duchess of Brabant, &c.
£ s. d.
To Ralph de Aldeburgh, Master of the ship
Ships carrying called “The Rose,” of Lenna (Lynn ?),
wheat to loading in the same ship of his own for
Gascony.
Gascony for the assistance of the king’s
army there, viz., as far as Burgh-on-the-sea, 428½ quarters 15 0 0
of wheat from the port of Herewich, and for the freight of
the same ship by way of expenses for it and the crew of the
same ship, going and returning, paid into his own hands at
Herewich, 30th December
To William Helmyn, Master of “La Mariola,” of Lenna,
freighted in the same manner, from Herewich to Burgh-on- 15 0 0
the-sea with 428½ quarters, &c.
To William Brum, Master of the “Virly,” of
Ipswich. Ipswich, one constable, 48 crew, for
14 6 0
wages from Jan. 12 to Feb. 2, 22 days
inclusive
To Walter de Fordham, Master of the
The galley of Galley of Lenna, two constables, and 87
Lenna. crew for wages from Dec. 30, when they
40 13 9
set sail from Lenna for Herewich
[Harwich], to Feb. 2, 25 days inclusive; the Master and each
constable 6d., each sailor 3d. per diem
To the same Walter for the payment of a Lodman [pilot],
13 4
hired to conduct the same galley to Brabant
The principal places of embarcation are Gernemuth (Yarmouth),
Bautreseie, Gippewicus (Ipswich), Haveford (Haverfordwest),
Herewicus (Harwich), Schottele, Everwarton, Colneseie, Brithlingesei,
Meresei (Mersey), Lim (Lyme?), Loo in Cornwall, Portesmuth,
Sandwich, La Stroude, Saltcote, London, Hardeburgh.
f. 89 b. A lantern bought. To Robert Le Horner for one large
Lantern bought of the same, to hang in the ship assigned to
the Duchess of Brabant for her passage to Brabant by 10s. 0d.
precept of the king, that the other ships may be able to
follow her in the sea at night
To John Jolif of Sandwich, Pilot (Lodman),
Pilot for the leading the ship called “The Coga of St.
King’s body. Edward,” in which the body of the king
26s. 8d.
passed over from Winchelsey to La Swyne,
in his fleet for Flanders, paid into his own hands at Bruges
on the 3rd of September
Then follows a long list of the ships carrying victuals to Gascony and
Flanders, with their names, quantities carried, masters and crews’
names, &c.; as for example:
To John de Barewe, Master of the “Alice,” carrying 12 barrels
flour, 209½ quarters of oats, 23 carcases of beef, wages for 28s.
himself and six men for 14 days
The names of the ships are interesting as:—La Messagere, La Plente,
La Mariole, La Godyer, La Seefare, La Stoule, La Blithe, Le Lionu, La
Grace Dieu, La Fankonu of Carmarthen, La Sauueye, La Johanette,
Coga St. Thomas, La Mariote, La Furmente, La Viryly, the Hulks of
the Blessed Mary, La Constance; many names of Sts., Andrew, Peter,
Catherine, Mary, the Trinity, St. Cross, &c., &c.
f. 96. A long account of the passage of the ships at Plymouth for
Gascony, arranged under the following ports:—Warham, Weymuth,
Exemuth, Tegnemuth, Dertemuth, Loo, Fowy, Briggewater, Bristoll’,
Houue, Seford, Shorham, Portesmuth, Southhampton and Hamele,
Lemyngton, Yaremuth, Pole, Warham, Weymuth, Lym (Lyme Regis),
Sidemuth, Exemuth, Tenemuth, Dertemuth, Plymuth, Loo, Fowy,
Kermerdyn, (Carmarthen), Briggewater, Chepstowe, Hertelpol,
Ireland, Scardeburgh, Lenne, Blakeneye, Scotesmuth, Holan,
Thornham, Jernemuth, Donewycus (Dunwich), Oreford, Goseford,
Gippewycus (Ipswich), Herewycus (Harwich), Orewell, Colecestre,
Sandwycus, Dovorria, Faversham, Folkstan, Heth’, Romenale, Rye,
Winchelsey, Hastinges, Pevenese, Seford, Baiona (Bayonne),
Weymuth, Tegnemuth, Dertemuth.
f. 103. Wages of the sailors at Sandwich in the same year for the
fleet of ships for the passage of Robert Fitz-Payn, and his countess
to Flanders, arranged under ports with similar names to the above.
These additional ones also occur: Gravelinges, Karnarvan
(Carnarvon).
Sum total of the wages of the Sailors, £5586 19s. 3d.
APPENDIX No. 6
Ships of Edward III. at Calais.
MS. Harl. 246, f. 12b. MS. Harl. 3968, f. 130.
The number of Shippes and maryners that The rolle of the huge ffleete of E. 3 before
served Kinge Edw. 3 in these warres. Callice to be seene in the Kinges great
Gardrobe in London, whereby appeareth
the wonderfull strengthe of England by sea
in those dayes.

The Sowthe Fleete. The Southe Fleet.

Shippes. Maryners. Shippes. Marryners.


The Kinge 25 419 The King’s 25 419
London 25 662 London 25 662
Ayleforde 2 24 Ailford 2 24
Hoo 2 24 Hoo alias 2 24
Morne
Maydestone 2 51 Maidston 2 51
Hope 2 59 Sandwich 22 504
Margate 15 160 Dover 16 336
Nonehethe 5 49 Wighte 13 220
Montormont 2 23 Winchelsey 21 596
Feversham 2 53 Waymouth 15 263
Sandwiche 22 504 Lyme 4 62
Dover 16 334 Seton 2 25
Wighte 13 220 Sidmouth 3 62
Wynchelsey 21 396 Hope 2 59
Waymouthe 15 263 Newhith 5 49
Lyme 4 62 Margat 15 160
Seton 2 25 Morne vel 2 22
Morne
Sydmowthe 3 62 Feversham 2 25
Exmowthe 10 193 Exmouth 10 293
Tegmouthe 7 120 Tegmouth 7 120
Dertmowthe 32 756 Dartmouth 31 757
Portesmowthe 5 96 Plymouth 26 603
Plymowthe 26 603 Loo 20 315
Loo 20 315 Yalme 2 47
Yalme 2 47 Fowey 47 770
Fowey 47 770 Bristoll 22 608
Brystoll 22 608 Tenmouth 2 25
Tenmowthe 2 25 Hastinge 5 96
Haltinge 5 96 Romney 4 65
Romner 4 65
MS. Harl. 246, f. 13. MS. Harl. 3968, f. 130b.

Rye 9 156 Rye 9 156


Hythe 6 122 Hithe 6 122
Shoram 20 329 Shoreham 20 39
Soforde 5 80 Soforde alias 5 80
Seforde
Newmowthe 2 18 Newmouthe 2 18
Hannilhoke 7 117 Hamowlhook 7 117
Hoke 11 208 Hoke 11 208
Sowthampton 21 576 Southampton 21 576
Leymingeton 9 159 Lemyngton 9 159
Poole 4 94 Poole 4 94
Warham 3 59 Warham 3 59
Swansey 1 29 Swanzey 1 29
Ilfrecombe 6 79 Ilfrecoombe 6 79
Poterikstowe 2 27 Padstowe 2 27
alias
Patrickstowe
Polerwan 1 60 Polerwan 1 60
Wadworthe 1 14 Wadworth 1 14
Kerdiffe 1 51 Kardiffe 1 51
Bridgewater 1 15 Bridgwater 1 15
Carmarthen 1 16 Caermarthen 1 16
Colechesworth 1 12 Cailchworth 1 12
Mulbroke 1 12 Mulbrook 1 12

Some of the Sowthe Fleete: Shippes:

Shippes 473 The totall of the Shippes of 467


the South Fleet are

Maryners 9307 Maryners:

The totall of the Maryners 9205


of the same South Fleet
are

MS. Harl. 246, f. 13b. MS. Harl. 3968, f. 131.

The Northe Fleet. The North Fleet.

Bamburghe 1 9 Bamburgh 1 9
Newcaster 27 314 Walerich 1 12
Wolriche 1 12 Hartilpoole 5 145
Hertilpoole 5 145 Hull 16 466
Hulle 16 466 Ravenser 1 27
Yorke 1 9 Yorke 1 9
Ravenser 1 27 Woodhouse 1 22
Wodhowse 1 12 Stockhith 1 10
Storkehithe 1 10 Barton 3 30
Barton 3 30 Swyneflete 1 11
Swynfleete 1 11 Saltfleete 2 49
Saltfleete 2 49 Grymesby 11 171
Grymsbye 11 171 Waynfleet 2 49
Portsmouth 5 96 Waynefleete 2 49
Lemyce 19 382 Wrangle 1 8
Blackney 2 38 Newcastle 17 314
Scarborowghe 1 19 Yermouth 43 1075 or
1950
Yarmowthe 43 1950 Donwiche 6 102
Dornewiche 6 102 Orford 3 62
Orforde 13 303 Goford 13 303
Ipswiche 3 62 Herwich 14 383
Merrye 13 303 Ipswich 12 239
Brightelensey 14 283 Mersey 1 6
Colchester 12 239 Brightlingsey 5 61
Whibanes 1 6 Colchester 5 90
Derwen 5 90 Whitbanes 1 17
Boston 17 361 Malden 2 32
Swynhomber 2 32 Derwen 1 15
Malden 2 32 Wrangle 1 8
Barton 5 61 Lynne 16 382
Blackney 2 38
Scarborough 1 19
Boston 17 361
Swynhumber 1 32
Barton 5 91

Somma totalis of the Northe Fleete: The whole 215 4383 or


totall of the 5258
Shippes of
Shippes 234 the North
Maryners 5624 Fleete

Somma totalis of all the Englishe Fleete: The somme totall of all the Englishe
Ffleete:

Shippes 707 Shippes 682


Maryners 14931 Maryners 13588
or14463

MS. Harl. 3968, f. 131b.

Shippes and Maryners of Forrayne The Shippes and Maryners of Strangers in


Countreyes: this Ayde:
Bayon 15 439 Bayon 15 439
Spayne 7 184 Spayne 7 184
Irelande 1 184 Irland 1 25
Flaunders 14 133 Flanders 14 133
Gelderlande 1 24 Gelderland 1 24

Somma totalis of all the Strangers The full nomber of the said Strangers
Shippes and Maryners:[771]

Shippes 38 Shipps 38
Maryners 964 Maryners 805
APPENDIX No. 7
Abstract of some of the more remarkable items in the repairs of the
galleys and spinaces of King Edward III. at Bayonne.
£ s. d. f.

Tuesday, 25 Feb.—To Dominic of St. Domyngo


for xxj. lbs. of Thomenk’ [? tow] at ij. d.
halfpenny a pound
iiij. iiij. ob.

To John de Speruent for one pound of oil,


bought for the use of the calefetores [?
caulkers]

To the same for j. quintal xxxvj. lbs. of


gemma [? tar], bought for the work of
caulking the great galley, at per quintal
xv. vij.

To Peter Arñ for carriage of the said


gemma from the house of the said John
to the bridge
ob. iij.

To Peter Arñ Daufereyn for j. skin of a


sheep for caulking the said galley
vj.

To Riudo Berñ for vj. faggots of


brushwood bought for the caulking, and
for their carriage to the bridge iiij. ob.
qr.
To Peter de Mouhay and his three fellows
drawing water from the great galley, for
one day
iiij. vj.

To Dominic of St. Domyngo, caulker, and


his fellow; to the said Dominic xvj. d. per
diem, to the other xij. d.
ij. iiij.

Total of the day xxviij. s. vj. d. qr. ma.

Wednesday, 26 Feb.—To John de Ville for v.


boards bought for the repair of the galleys,
price of each board, ij. s.

To Joan de Tyrons for l. nails bought for


the work of the galleys, price

To William Faber for j. gymbelette bought


for the work of the galleys

To Forcius de Lesgo and his fellow,


carpenters, to the said Forcius xv. d.
wages per diem, to the other xx. d.
ij. xi.

To Dominic of St. Domyngo, caulker, and


a certain servant; to the said Dominic
xvj. d. wages per diem, to the other ix. d.
ij. j.
To the same Dominic for xvj. lbs. of
Thomenk’, price per lb. ij. d. ob.
iij. iiij.

To Pelegrinus de Lesgo for j. jar, iij.


saucers, in which the oil was placed, and
for scrapers

To Gerard Darbent for ij. corbatons at vj.


d. each.

Total of the day xx. s. j. d. ob. ma.

27 Feb.—To John de Tyrons for c. nails of rym


iiij.

28 Feb.—To John de Tyrons for xij. nails of


cauym
v.

To Peter Johannis for xij. faggots of wood


for heating the gemma, and for the
carriage of the same
ix. ob.

3 Mar.—To John de Speruent for one lb. of oil


for mixing with the gemma

4 Mar.—To Peter Johannis for one ell of tela [?


woven stuff] for the work of the caulkers
xij.
7 Mar.—To Joan de Tyrons for c. nails of Tylat
xj.

13 Mar.—To Dominic the caulker for his


expenses from Bourdeaux to Bayonne
iiij. vj.

15 Mar.—To Thomas of Sandwich, for carriage of


the Serpent and Bygord’ from the bridge to the
house of the painter
ij.

To William Mustard for bread and drink


during three days given to the workmen iiij.
ob.

16 Mar.—To John de Tyrons for xij. nails of


cauym
v.

To John de Castete and his companion


for scraping the old painting of the great
galley, each per diem xv.
ij. vj.

To the same John for a calypp, hired for


this work
i. ob.

To Forcius de Lesgo, and his four


companions, carpenters, working upon
the masts and yards, each per diem xvj.
d.
vj. viij.
18 Mar.—To John de Castete for hire of a
calypp; and for carrying sea-sand for the galleys
i. ob.

To Adam of Northampton and his two


companions, for carrying the said sand
and drawing water for the small and the
large galley
ij. ij.

To the same Adam for three tribul’ for


throwing the sand from the calipp to the
galley
i. ob.

20 Mar.—To John de Seyntmartre for two


anchors bought of him for the great galley
ix. x.

To William Martini for carriage of the


same from the house of the said John to
the smith’s, and from the smith’s house
to the bridge
xvij.

To Arn. Johannis de Lesgo for issues and


ij. plomas of the said anchors
ij. vj.

22 Mar.—To William Rudi de Mamysan for the


repair of two anchors
xij.

To John de Lussy for iiij. gemell’ of the


masts
x.
To William Rudi de Mamysan for liiij.
great nails made for the gemell’
ix.

28 Mar.—To Forcius de Lesgo and his two


companions for repairing the seats of the
galleys, each per diem xvj. d.
iiij.

To Joan de Tyrons for cccc. nails of Tylat


at xj. d. per hundred
iij. viij.

To the same for ccc. nails of Solira, at vj.


d. per hundred
xviij.

To the same for xlviij. nails of Cauym at


v. d. per dozen
xx.

29 Mar.—To John de Lussye for furtanes which


were wanting in the said galleys
x.

To William Mustard ... for bread and


pomadr’ for all the workmen for iiij. days
iij. vj.

ult. Mar.—To Joan de Tyrons for xxiiij. nails of


Cauym for the repair of the hinder part of the
great galley
x.
xij.
To Forcius de Lesgo for ij. corbatons for
the work on the great galley, price

To the same Forcius for v. ells of board


bought for repairing the Bygorus
xxij.

To Arn. Gerardi for ij. ligna (timbers) for


loffis and bousprete
ij. vj. ob.

To William Rudi de Mamysau for j. anchor


purchased of him for the great galley
iiij. x.
&c. &c. &c.

f. 5 b. Friday, 14 March.—Ryndo de la Fyte for


xxij. lbs. “folii albi de extinctu” for the work of
painting the galleys, at xviij. d. per lb.
xxxiij.

To the same for vj. lbs. of Orpiment at


xvj. d.
viij.

” ” ij. lbs. of Ind. at ix. s.


xviij.

” ” viij. lbs. of blankett at viij. d.


v. iiij.

” ” viij. lbs. of Certown at viij. d.


v. iiij.

” ” ix. lbs. of vernyz at xx d.


xv.

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