History of merchant shipping and ancient commerce, Volume 1 (of 4)

by W. S. Lindsay

By article sixth, drunkenness, quarrelling, and fighting, were severally punishable, and mutinous mariners were compelled to refund their wages. Mariners wounded in the service of the ship were provided for. The seventh regulation stipulated that in the case of sickness seizing any of the crew while in the service of the ship, they were to be sent on shore with a ship’s boy to attend upon them. The eighth prescribed the formalities to be observed in throwing goods overboard to lighten the ship, which were much in the same way as had been laid down in the Rhodian laws. Similarly the proportional average, pound for pound, payable by each party so damnified, was framed upon the French law, livre à livre. The ninth article applied to the destruction of the masts and sails, in order to save the ship and cargo; and the rules to be followed were nearly the same for collecting the averages as those which are now adopted. The tenth article relates to damage arising from imperfect dunage, for which the master and mariners were liable to the merchant in the event of any injury, through neglect in this respect, to his merchandise.

Article eleventh refers to damage of goods, or loss of wines or other liquids, by the breaking in of the head of the cask, and generally to all damage arising from improper stowage. It would appear that persons, like the present Stevedores, who look to the stowage of the cargo, existed at a remote period, with the title of arrimeurs, or stowers. They were then paid by the merchant, and their business was “to dispose the cargo properly, stowing it closely, and arranging the several casks, bales, boxes, bundles, in such a manner as to balance both sides, fill up the vacant spaces, and manage everything to the best advantage.” There was also a class called Sacquiers, who were very ancient officers. Their business was to load and unload vessels with cargoes of salt, corn, and fish, to prevent the ship’s crew defrauding the merchant by false tale, or otherwise cheating him of his merchandise.

Quarrels.

The twelfth article throws great light upon the existing manners of the sailors of those days. The master having hired his crew was invested with the duty of keeping peace. He was, in fact, their judge. If any of them gave the lie to another at a table, where there was wine and bread, he was fined four deniers; but the master himself offending in that way had to pay a double fine. If any sailor impudently contradicted the master, he was fined eight deniers; and if the master struck him, whether with the fist or the open hand, he was required to bear the stroke; but if he struck more than one blow the sailor might defend himself; whereas, if the sailor committed the first assault, he had to pay one hundred sous, or lose his hand. It would appear that the master might call the sailor opprobrious names, and in such case he was advised to submit, and hide himself in the forecastle out of his superior’s sight; but if the master followed, the sailor might stand upon his defence, for the master “ought not to pass into the forecastle after him.”

The thirteenth article[534] enacted, that, if a difference arose between the master and the seaman, the former ought to deny him his mess thrice[535] before he turned him out of the ship. If the latter offered satisfaction and was refused and turned out of the ship, he could follow the ship to her port of discharge and claim full wages. The master not taking any seaman in his stead, in such cases, rendered himself liable for any damage accruing. The Hanseatic laws required the master not to give the seamen any cause to mutiny; nor to provoke them by calling them names, nor wrong them, nor “keep anything from them that is theirs, but to use them well, and pay them honestly what is their due.”

Mooring of ships.

The fourteenth and fifteenth articles relate to the regulations of mooring ships, and to injuries sustained through “striking against each other.” The law of damage is laid down at great length, and buoys, made of empty barrels, pieces of any description of light wood, baskets, or any articles which float buoyantly on the top of the water, are required to be used to prevent accidents and show where the anchors lie, when in port.

Partnership in freight.

The sixteenth clause required the master to ask the crew, when a ship was ready to load, “Will you freight your share yourselves, or be allowed for it in proportion with the ship’s general freight?” and the sailors were there and then bound to answer, and make their election.[536] If they elected to take their risk, a curious practice resulted. In the event of taking on board a cask of water instead of a cask of wine, they might deal with their own stowage as of right; and, in the event of throwing cargo overboard, to lighten the ship, they had the privilege of refusing to throw over a cask of water in preference to a cask of wine. If the water, however, was thrown overboard, the mariner came in upon the general average; although, by the common law of England, a tun of water was never rated, pound by pound in value, with a tun of wine.

Food.