First, laws relating to the
protection and privileges allowed to mariners by the Roman emperors;
secondly, laws relating to particular fleets; and lastly, laws relating to
particular branches of trade.
1. The fifth title of the thirteenth book of the Theodosian code of laws
entirely relates to the privileges of mariners. It appears, from this, that
by a law made by the Emperor Constans, and confirmed by Julian, protection
was granted to them from all personal injuries; and it was expressly
ordered, that they should enjoy perfect security, and be defended from all
sort of violence and injustice. The emperor Justinian considered this law
so indispensably necessary to secure the object which it had in view, that
he not only adopted it into his famous code, but decreed that whoever
should seize and apply the ships of mariners, against their wishes, to any
other purpose than that for which they were designed, should be punished
with death. In the same part of his code, he repeats and confirms a law of
the emperors Valentinian, Valens, and Gratian, inflicting death on any one
who should insult seafaring men. In another law, adopted into the same code
from the statutes of former emperors, judges and magistrates are forbidden,
on pain of death, to give them any manner of trouble. They were also
exempted from paying tribute, though the same law which exempts them, taxes
merchants. No person who had exercised any mean or dishonourable employment
was allowed to become a mariner; and the emperors Constantine and Julian
raised them to the dignity of knights, and, shortly afterwards, they were
declared capable of being admitted into the senate.
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