By the seventeenth clause the sailors of Brittany were restricted to one meal a day from the kitchen, while those of Normandy had two meals; and when the ship arrived in a wine country, the master had to provide them with wine.[537] The practice of serving out a certain allowance of food is very ancient, and to prevent jealousies, complaints, and quarrels on this account, the law prescribed a specified quantity to be supplied to each man exactly alike. When wine was provided, the mariner had one meal per day, but when water alone was served out, he had two meals.
Obligation to carry the ship to her destination.
The eighteenth article provided, that when a ship was unladen, the sailors could demand their freight; but from those of them having neither bed, chest, nor trunk on board, the master could retain a portion of their wages, till the vessel was brought back to her final port of destination. It was ruled that the wages were not due till the work had been entirely done, unless a special agreement subsisted to the contrary, for “freight was the mother of wages.”[538]
Rules as to sailors.
The rights of sailors hired per day, or week, or month, where freight was not procurable, were secured by the nineteenth article, which stipulated that if an engagement was broken off by war, pirates, or the command of his sovereign, the seaman was entitled to have a quarter part of his wages for the full term of his engagement.
The twentieth clause provided that, when in a foreign port, only two sailors from the ship might go on shore at a time, and take with them one meal of victuals, “as much as they can eat at once,” but no drink. They were bound to return to the ship in season, so as not to lose a tide, and they were held responsible for any damage resulting from their default.
Demurrage.
The twenty-first clause related to detentions, and provided for the payment of demurrage. If a merchant, having freighted a ship, did not load her by the time appointed, he was bound to make compensation for such delay, and the sailors were entitled to a fourth part of the amount; the remainder being allotted to the master, he finding the crew in provisions. Formerly, eight days were allowed the merchant to unload, which afterwards was extended to fifteen. But that did not affect the payment of freight, which was required to be paid in eight days, whether the ship was discharged or not. The master could not detain the goods on board for freight, but when in a boat or lighter, he was entitled to stop them until he was satisfied.
Bottomry.
The twenty-second clause relates to selling goods on board, to provide for the ship, in which the laws of bottomry were enforced.[539]