They
Were Obliged To Possess Certain Lands; And, Indeed, It Would Seem That The
Profession And Privileges Of A Mariner Depended On His Retaining These
Lands.
When these lands were sold, the purchaser was obliged to perform
towards the state all those services which were required of a mariner, and
in return he obtained all the privileges, dignities, and exemptions granted
to that class of men.
This, however, was productive of great inconvenience
to the state; since, if the lands were purchased by persons ignorant of
maritime affairs, they could not be so effective as persons accustomed to
the sea. From this consideration a law was passed, that when such lands as
were held on condition of sea-service passed into the possession of those
who were unaccustomed to the sea, they should revert to their original
owners. It was also ordered, that such privileged mariners should
punctually perform all services required of them by the state; that they
should not object to carry any particular merchandize; that they should not
take into their vessels above a certain quantity of goods, in order that
they might not, by being over laden, be rendered unfit for the service of
the state; and that they should not change their employment for any other,
even though it were more honourable or lucrative. The whole shipping, and
all the seamen, seem thus to have been entirely under the management and
controul of the state; there were, however, a few exceptions. Individuals,
who possessed influence sufficient, or from other causes, were permitted to
possess ships of their own, but only on the express condition that the
state might command them and the services of their crews, whenever it was
necessary. The legal rate of interest was fixed by Justinian at six per
cent.; but for the convenience and encouragement of trade, eight was
allowed on money lent to merchants and manufacturers; and twelve on the
risk of bottomry.
2. There are several laws in the Theodosian code which relate to the
different fleets of the empire: the Eastern fleet, the principal port of
which was Seleucia, a city of Syria, on the Orontes, by which were conveyed
to Rome and Constantinople, all the oriential merchandize that came by the
land route we have described to Syria, was particularly noticed, as well as
some smaller fleets depending on it, as the fleet of the island of
Carpathus. The privileges granted to the African fleet are expressly given
to the Eastern fleet.
In another part of the code of Justinian, the trade between the Romans and
Persians is regulated: the places were the fairs and markets are to be kept
are fixed and named; these were near the confines of the two kingdoms; and
these confines neither party was allowed to pass.
From a law of the emperor Constans, inserted in the Theodosian code, it
appears that some of the ships which came from Spain to Rome were freighted
for the service of the state; and these are particularly regulated and
privileged in this law.
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