of a ship or vessel of any kind and the sailors and mariners shall not
leave or depart from the ship or vessel in which they arrived, until
allthe merchandise, which is on the ship or vessel, be discharged on
land, and until that same ship or vessel be emptied of ballast and
moored. But the captain of that ship or vessel will be able to go
onland with his clerk when he begins to discharge the cargo, if the
sea be calm; and if perhaps the weather be such that he cannot
discharge the cargo the said captain, if he be on land, shall
immediately repair to the said ship or vessel, and if he cannot so
repair by reason of the weather, his crew shall have full power and
permission to depart with the ship or vessel from the place at which
itarrived, and to go to the harbor orput out to sea. Nevertheless, if
the said captain be unwilling to go to his ship, his merchants shall
be able to order and command him firmly, on behalf of the Lord King
and the said James Gruny, to repair to the said ship or vessel and to
place upon him such penalty as the said James Gruny is empowered to
place upon him. Moreover, the said captain of the ship shall not dare
to stay on land until all merchandise which came inthe ship or vessel
be discharged. And if the merchants wish to disembark from the ship or
vessel and a storm should arise after theirdisembarkation, the captain
of the ship or vessel, if he be there, or hiscrew, shall have
permission to withdraw from the place in which he was with that ship
or vessel andwith the merchandise contained therein, and of going to
sea or putting in to harbor. But if the mariners should not have done
thislet each one incur a penalty of ten solidi of the money of
Barcelona, and the captain of a ship fifty solidi, and the captain of
a vessel thirty solidi; and over and above the said penalty the
captains of ships and vessels shall be condemned to repair all the
damage which the said merchants suffered through their fault. But of
the penalties, both foregoing and those written below, the King will
receive half, and the other half will go to the Order of Water-men of
Barcelona. Moreover, these penalties and all those written below shall
be paid as long as it be the will of the honest water-menof Barcelona.
Moreover, the said clerk shall be at least of the age oftwenty years,
and if the captains ofthe said ships or vessels do not wish to have
the said clerk they shall not leave Barcelona or any other place in
which they may be, until they have another clerk, if theycan find one.
Also: we command that on everyship which loads at sea, so that it
isloaded with merchandise worth 2000 solidi (Barcelona money), half
the mariners of the ship with one ofiicer shall be obliged to remain
one night with their arms on the ship; and after any vessel has loaded
at sea with merchandise worth 1000 solidi (Barcelona money), half the
mariners of that vessel with one officer shall be obliged to stay on
their vessel for one night with their arms. Also we command that the
captain of a ship or vessel shall have food in his ship or vessel
sufficient for fifteen days; namely, bread, wine, salt meat,
vegetables, oil, water, and two packets of candles. And if the said
captain of ship or vessel be unwilling to do this, let him incur a
penalty of twenty solidi, and each of the mariners and crew incur a
penalty of five solidi.
(Provision made for assistance to be given in storms to ships in distress).
http://www.admiraltylawguide.com/documents/barcelona1258.html
it happens that a storm overtakes her at sea, so violent, that she
cannot escape without casting some of the cargo overboard for
lightening the vessel,and preserving the rest of the lading,
the master ought to say, Gentlemen, We must throw part of the goods
overboard; and, if there are no merchants to answer him, or if those
that are there approve of what he says by their silence, then the
master may do as he thinks fit;
http://www.admiraltylawguide.com/documents/oleron.html
--
President of The United States
Guy Ralph Perea Sr President of The United States
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