THE RHODIAN LAW

PART ONE - PROLOGUE

PART TWO - The chapters of the Rhodian Law

Chapters I to 7: A master's pay is two shares; a steerman's one share and a half; a master's mate one share and a half; a carpenter's one and a half; a boatswain's one and a half; a sailor's one share; a cook's a half share.

Chapter 8: A merchant may have on board two boys; but he must pay their fare.

Chapter 9: A passenger's allowance of space is three cubits in length and one in breadth.

Chapter 10: A passenger is not to fry fish on board. The captain must not allow him.

Chapter 11: A passenger is not to split I wood on board. The captain must not allow him.

Chapter 12: A passenger must take water by measure.

Chapter 13: Women on board to have one cubit; a boy half a cubit.

Chapter 14: If a passenger comes on board and has gold, let him deposit it with the captain. If he does not deposit and says: "I have lost gold, or silver," no effect is to be given to what he says, since he did not deposit it with the captain.

Chapter 15: The captain and the passengers and the crew who are on board together, are to take an.oath upon the Evangels.

Chapter 16: A ship with all its tackle is to be valued at fifty pieces of gold for every 1,000 modii of capacity, and so is to come into contribution. When the ship is old, it is to be valued at thirty pieces of gold for every 1,000 modii. And in the valuation a deduction is to be made of one third and the ship is to come into contribution accordingly.

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PART THREE: THE BEGINNING OF THE LAW

Chapter 1: A ship is lying in harbor or on a beach, and is robbed of its anchors. The thief is caught and he confesses. The law lays down that he be flogged and make good the damage he has done twice over.

Chapter 2: The sailors of a Ship -A-, by direction of their master captain, steal the anchors of Ship -B-, which is lying in harbor or on a beach. Ship -B- is thereby lost. If this is proved let the captain who directed the theft make good all the damage to Ship -B- and its contents. If anyone steal the tackle of a ship or any article in use on board, ie., ropes, cables, sails, skins, boats and the like, let the thief make them good twice over.

Chapter 3: The sailors of Ship A by direction of their captain steal the goods of a merchant or passenger. The sailor is caught. Let the captain make good the damage twofold to those who were robbed, and let the sailor receive a hundred blows. If the sailor commits the theft of his own accord and is caught and convicted by witnesses, let him be well beaten, especially if he has stolen money and let him make good the loss to the person robbed.

Chapter 4: The captain brings the ship into a place which is infested with thieves and pirates, although the passengers testify to the captain what is at fault with the place. There is a robbery. Let the captain make good the loss to the sufferers. On the other hand, if the passengers bring the ship in, in spite of the captain's protests, and something untoward happens, let the passengers bear the loss.

Chapter 5: If sailors set to fighting, let then fight with words and let no man strike another. If a man -A- strikes -B- on the head and opens it, or injures him in some other way, let A pay -B- his doctor's fees and expenses and his wages for the whole time he is away from work taking care of himself.

Chapter 6: Sailors are fighting, and A strikes B with a stone or a log. B returns the blow; he did it from neces. sity. Even if A dies, if it is provedhhat he gave the first blow, whether with a stone, log or axe, B, who struck and killed him, is to go harmless. A suffered what he wished to inflict.

Chapter 7: One of the captains, merchants or sailors, strikes a man with his fist and blinds him, or gives him a kick and happens to cause a hernia. The assailant is to pay the doctor's bill and for the eye, twelve gold pieces, for . the hernia, ten. If the man dies, his assailant can be tried for murder.

Chapter 8: The captain to whom the ship is entrusted sets sail and runS away into another country with gold by will of the sailors. All their possessions, movable, immovable and self-moving, as may belong to them, are to be seized. Unless the amounts which these fetch in a sale make up the equivalent of the ship and the profits of the time [during which they are absent], let the sailors with the deputy captain be let out and mak,e up the full amount of the loss.

Chapter 9: If the captain is deliberating about jettison let him ask the passengers who have goods on board and let them take a vote what is to be done. Let there be brought into contribution the goods; the bedclothes and wearing apparel and utensils are all to be valued; and if jettison takes place, with the captain and passengers the value is not to exceed a litra; with the steersman and mate, it is not to exceed half a litra; with a sailor not to exceed three grammata. Slaves and any others on board who are not being carried for sale, are to be valued at three minas. Anyone on board being carried for sale, he is to be valued at two minas. In the same way, if goods are carried off by robbers, or enemies, all these are to come into contribution on the same principle. If there is an agreement for sharing in gain, after everything on board ship and the ship itself have been brought into contribution, let every man be liable for the loss which has occurred in proportion to his share of the gain.

Chapter 10: If the captain and crew are negligent and there is an injury or wreck, let the captain or the crew be responsible to the merchant for making the damage good. If it is through the merchant's negligence that ship and cargo are lost, let the merchant be responsible. If no default of either captain, crew or merchant, and a loss or wreck occur, what is saved from ship and cargo is to come into contribution.

Chapter 11: The merchants and the passengers are not to load heavy and valuable cargoes on an old ship. If they do, and the ship is damaged or destroyed, they are responsible. When merchants are hiring ships, let them make precise inquiry of other merchants who sailed before them, if the ship is completely prepared, with strong sailyard, sails, skins, anchors, ropes of hemp of the first quality, boats in perfect order, suitable tillers, sailors fit for their work, good sea men, brisk and smart, the ship's sides stanch. In a word, let the merchants made inquiry into everything and then proceed to load.

Chapter 12: If a man makes a deposit in a ship or in a house, let him make it with a man known to him and 'Worthy of confidence before three witnesses. If the amount is large, let him accompany the deposit with a writing. . If the man who agreed to take charge of the deposit says that it is lost, he must show where the wall was broken through or how the theft took place and take an oath there was no fraud on his part. If he does not show it, let him restore the goods safe as he received them.

Chapter 13: If a passenger comes on board and has gold, or something else, let him deposit it with the captain. If he does not deposit it, and then says: "I have lost gold, or silver," no effect is to be given to what he says. But the captain and sailors, all those on board, are to take an oath.

Chapter 14: A man receives a deposit and then denies it. In due course the deposit is found on him after he had taken an oath or denied his liability in writing. He is to make good the deposit twice over and suffer the penalty of his perjury.

Chapter 15: A ship carries passengers, merchants or slaves whom the captain has taken in deposit. They arrive at a port or beach, and some leave the ship. Robbers give chase, or pirates make an attack, the captain gives the signal to put off. The ship gets away and is saved with the property of the passengers and merchants who are on board. Let each receive back his own goods, and let those who went out receive back their goods and chattels. If anyone is minded to pick a quarrel with the captain for leaving him on shore in a place infested with robbers, no effect is to be given to what he says because it was only when they were pursued that the captain and crew fled. If a merchant or passenger had someone else's slave in deposit, and left the slave in any place, let him make the loss good to the owner.

Chapter 16: Captains and, merchants and whosoever borrows money on security of ship and freight and cargo, are not to borrow it as if it were a land loan. . . if the ship and the money are saved. . . lest a plot be laid against the money from the dangers of the sea or from pirates. . . let them pay back the loan from the property on land with maritime interest.

Chapter 17: A gives gold and silver for a partnership. The partnership is for a voyage and he writes it down as it pleases him till when the partnership is to last. -B-, who takes the gold or the silver, does not return it to -A- when the time is up and it comes to gri<;f through fire or robbers or shipwreck. -A- is to be held harmless and must receive his own again. But if, before the time fixed for the expiration of the contract;a loss arises from the dangers of the sea, then -A- and -B- should bear the loss according to their shares and to the contract, as they would have shared in the gain.(*)

Chapter 18: A man borrows money and goes abroad. When the time agreed on has expired, let them recover from his property on land according to law. If they cannot recover the debt, the capital of their loan is unconditionally repayable, but the interest shall be maritime interest so long as he is abroad.

Chapter 19: If a man hires a Ship and pays earnest money, and afterwards says: "I have no need of it," he forfeits the earnest money. But if the captain acts wrongfully let him give back to the merchant double the earnest money.

Chapter 20: Where a man hires a ship, to be binding it must be in writing and signed by the parties, or it is void. Let them also write in penalties if they wish. If they do not write penalties, and there is a breach, either by the captain or the hirer-if the hirer provides the goods. . . let him give half the freight to the captain. If the captain commits a breach, let him give half-freight to the merchant. If the merchant wishes to take out the cargo, he will give the whole freight to the captain. These penalties will be exacted as in cases where -A- brings a suit against -B-.

Chapter 21: Two persons make a partnership without writing. .Both parties confess "we made a partnership on another occasion without writing and kept faith one to the other, and paid the tax on all occasions as if for a single capital." Something happens to one of the ships, either while it is in ballast or when it is loaded. What is saved is to contribute one fourth part to the sufferer, since they do not bring forward a contract in writing but formed a partnership by word of mouth only. But let contracts in writing subscribed by the parties be firm and valid, and let the part saved contribute to the part that was lost.

Chapter 22: Let the captain take nothing but water and provisions and the ropes which ships have need of, where the merchant loads the whole ship according to written contract. If the captain is minded to put in other cargo after this, if there is room, let him put it in: if there is no room, let the merchant before three witnesses resist the captain and sailors. If there is jettison, it will rest with the captain, but if the merchant does not prevent it [the overloading] let him come to contribution.

Chapter 21: If there is a contract between merchant and captain let it be in writing and binding. If the merchant does not provide the cargo in full, let him provide freight for what is deficient, as they agreed in writing.

Chapter 24: The captain takes the half-freight and sails, and the merchant wishes to return. [He is on board.] They made and subscribed a contract in writing. The merchant loses his half-freight by reason of his hindrance. But where there is a contract in writing and the captain commits a breach, let him return the half-freight and as much again.

Chapter 25: If the limit of time fixed by the contract passes, let the merchant provide the sailors'rations for ten days. If the second limit also passes, above all let the merchant make up the full freight and go away. But if the merchant is willing to add so much to the freight, let him give it and sail as he pleases.

Chapter 26: If one of the crew or captains sleeps off the ship and the ship is lost whether by day or night, all the damage regards the members of the crew or captains who slept off the ship, while those who remained on board go harmless. Those who were negligent must make good the damage to the owner of the ship.

Chapter 27: A ship is on its way to be freighted by a merchant or a partnership. The ship is damaged or lost by the negligence of sailors or of the captain. The cargo which lies in the warehouse is free from claims. If evidence is given that the ship was lost in a storm, what is saved of the ship is to come into contributIon, together with cargo, and the; captain is to retain half freight. If anyone of the partners denies the.partnership, and is convicted by three witnesses, let him pay his share of the contribution and suffer the penalty of his denial.

Chapter 28: If a ship is hindered in the loading by a merchant or partner and the time fixed for loading passes, and it happens that the ship is lost by reason of piracy or fire or wreck, let him who caused the hindrance -make good the damage.

Chapter 29: If the merchant does not provide the cargo at the place fixed by the contract, and the time for loading passes, and a loss happens by piracy, fire or wreck, all the injury to the ship rests on the merchant. But if the days of the allowed time have not passed when the accideIit happens, let them come into contribution.

Chapter 30: If the merchant loads the ship and he takes gold with him and the ship suffers one of the maritime risks, and the cargo is lost and the ship goes to pieces, let what is saved from the ship and cargo come into contribution, but let the merchant take his gold on paying one tenth. If he was saved without clinging to any of the ship's spars, let him pay the half-fare in accordance with the contract. If he had to cling for safety to one of the spars, let him pay one fifth-fare."

Chapter 31: If a merchant loads -the ship, and something happens to the ship, all that is saved is to come into contribution on either side; but the silver, if it is saved, is to pay a fifth, and the captain and the sailors are to help in the salving.

Chapter 32: If a ship is on its way to be loaded, whether hired by a merchant or in a partnership, and a disaster takes place at sea, the merchant is not to ask return of the half-freight, but let what remains of the ship and cargo come into contribution. If the merchant or the partners have given an advance, let what agreement they have made in writing prevail.

Chapter 33: If the captain puts the cargo in the place fixed by the contract, and the ship is wrecked, let the captain recover the freight in full from the merchant, but goods already unloaded into warehouses do not come into contribution.

Chapter 34: If a ship is carrying linen or silk, let the captain provide good skins, in order that in a storm no harm may be done to the freight by the dashing of the waves. If the water rise in the hold, let the captain say so at once to those who have cargo on board, so that it may be brought up. If the passengers make it manifest to the captain and for all that the cargo is injured, the captain is responsible with the sailors. If the captain declares beforehand that the water is rising and the merchants do not bring up the goods, the captain and sailors go harmless.

Chapter 35: If a ship makes jettison of its mast, whether it break of its own accord or is cut, let all the sailors and merchants and the goods, and the ship so far as it is saved, come into contribution.

Chapter 36: If a ship in sail runs against another ship lying at anchor or with sails slackened, and it is daylight, the collision and the damage lie against the captain and crew of the first ship. Moreover let the cargo come into contribution. If it happens at night, the ship, at anchor or with sails slack, must light a fire for warning. If he has no fire let him shout. If he neglects to do this and a disaster [collision] takes place, he has himself tp thank. If the sailsman was negligent and the watchman dozed off, the man who was sailing perished as if he ran on a shoal.

Chapter 37: If a." ship comes to grief and the property of the merchants or passengers is saved while the ship is lost, let the debentures(*) which are saved provide one fifteenth, but let not the merchant and the passengers give the ship to the captain.

Chapter 38: If a ship loaded with corn [wheat] is caught in a gale, let the captain provide skins [tarpaulins] and the sailors work the pumps. If they are negligent and the cargo is wetted by the bilge [in the hold] let the sailors pay the penalty. But if it is from the gale the cargo is injured, let sailors, captain and merchant bear the loss, and let the captain together with the ship and the sailors receive one six hundredths of each thing saved. If goods are to be thrown into the sea [jettison] let the merchant be the first to throw and then let the sailors take a hand. None of the sailors is to steal. If anyone steal, let the robber make it twofold and lose his whole gain.

Chapter 39: A ship with a cargo of corn [wheat] or wine or oil is in full sail. By wish of the captain and crew, who slacken sail, the ship goes into a place or off a beach against the wish of the merchant. The ship is lost, but the cargo and goods are saved. The merchant is to suffer no harm since he did not wish to go into that place. If while the ship is in full sail the merchant says to the captain: "I want to go into this place," and the place is not in the charter party, and the ship is lost, let the captain have his ship made good by the merchant. If it is by wish of both parties that they go in, and the ship is cast away, let everything come into contribution.

Chapter 40: A ship is wrecked and part of the cargo and the ship is saved. The passengers have on them gold or silver or silks or pearls. Let the gold that is saved provide a tenth, and the silver contribute a fifth. Let the whole silks, if they are saved dry, contribute a tenth, being equal to gold. If they are wetted, make an allowance for the abrasion and the wetting and let them come into contribution on that footing. Let the pearls according to their valuation contribute to the loss like a cargo of gold.

Chapter 41: If there are passengers on board and the ship is injured or destroyed, but the goods of the passengers are saved, let the passengers make a payment towards the loss of the ship. If two or three passengers lose their gold and pearls let them receive from all according to their capacity towards the loss, together with the contribution of the ship.

Chapter 42: If a ship springs a leak while carrying goods and the goods are taken out, let it lie with the captain, whether he wishes to carry the goods in the ship to the trading place agreed on, if the ship has been repaired. If the ship is not repaired but the captain takes another ship to the trading place, let him give the whole freight.

Chapter 43: If a ship is caught in a storm and makes jettison of the cargo, breaks its sail yards and tillers, anchors and rudders, let all these come into contribution, together with the value of the ship a.nd the cargo that may be saved.

Chapter 44: A ship has a cargo and in a gale the mast is cut and jettisoned, or the tillers break or one of the rudders is lost. If the cargo gets wet from the gale, all these things come. into contribution. But if the cargo is hurt more from the bilge than from the gale, let the captain take the freight and hand over the goods dry and in the quantity as he took them.

Chapter 45: If in the open sea a ship is overset or destroyed, let him who brings anything from it safe to land receive instead of reward one fifth of what he saves.

Chapter 46: A boat breaks the ropes and gets off from its ship and is lost with all hands. If those on board are lost or die, let the captain pay their annual wages for the full year to their heirs. He who saves the boat with its rudders will give them all back as he in truth finds them, and receive a fifth part of what he saves.

Chapter 47: If gold or silver or anything else is raised from the sea from a depth of eight fathoms, let the salvor receive one third. If raised from fifteen fathoms let the salvor have one half, by reason of the danger of the sea. Where things are cast from sea to land and found there, or carried to within one cubit of the land, let the salvor have one tenth of what is salved.

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