ancient Rhodian laws.[1] These alike regulated the conduct of merchants and masters. When a merchant sailed in a ship which he had chartered on his own account, he was almost supreme on board. If several merchants embarked, and shipped goods, having hired the vessel among them, the majority decided upon the general management of the ship. When bad weather supervened, and it was a question of shortening sail, or when it became necessary to go out of the direct course to avoid pirates, the master invariably consulted the charterers. But if the merchants gave directions that the ship, for safety, or any other purpose, should enter a certain harbour, in disregard of the master's advice, he was no longer responsible for any event or accident arising from such a proceeding; on the other hand, if the master did anything from which fatal consequences ensued, he was liable to heavy punishment, and held responsible for all damages. In case of danger, either by tempest or an enemy, every person on board, including merchants and passengers, was bound to use his utmost endeavours for the protection of the ship and cargo; and merchants, passengers, master, pilots, steersmen, and sailors, all became soldiers whenever a suspicious craft appeared. The trade of a ship-owner, even under the best conditions one of a precarious and speculative character, was doubtless then full of danger from the number of pirates in every sea, and especially in the Mediterranean.
- ↑ The actual laws of the states were founded on a remembrance of the codex of Justinian, previously to its re-discovery at Amalfi. This codex embodied much of the previous Roman law, and with this what-*ever the Roman jurists had borrowed from the Rhodians. The whole of this question has been fully and carefully examined by Pardessus.
