[264] Ordinances of King Peter ⁽¹⁾

We, Peter, by the Grace of God, King of Aragon, etc., etc., send greetings, to our gentle and highly prized procurator, our Governor General of the Kingdom of Sardinia and Corsica, as well as to other officials of that kingdom, to Lieutenant-Governor-Generals of Catalonia and the Kingdom of Valencia, to Vice-Regents, Assistant Regent and Governor-General of Barcelona, as well as other Vice-Regents, Judges, Elders of the Sea Guild, Mayors, Jurymen, as well as other Governors-in-Chief and Governors Ordinary, of all the territories of Aragon, Valencia, Sardinia, and Corsica, the Earldom of Barcelona, as well as Consuls, wherever they have been established, and all other officials, to all of them collectively and individually, who are in our service at present and who shall be appointed in the future.

Human intelligence and the knowledge of past events make it possible for us to anticipate the probabilities of the future and to help us to cope with such problems more expeditiously.

Since it is known to Us at present from the experiences of the past that vessels, large and small and other sea craft, the less they are under controls the more damage and loss of property would result, and would lead to sudden and unexpected death to a large number of persons, therefore, we wish to make it known that as far as it is within Our power to protect the safety of marine commerce, of persons and property, we promulgate and initiate the following sentiments in the articles to follow.

Firstly, every sailor, crossbowman, servant, or anyone else who will enlist aboard a vessel, galley, or any other craft is required to fulfill all the commitments and to perform all the tasks agreed to at the time of his enlistment.

[265] Likewise, if a sailor, crossbowman, or any other member of the crew accepts wages or even a token payment from the master of a vessel or his representatives, he shall be required to complete the journey for which he had enlisted, unless he is prevented from accomplishing this by illness or the necessity of entering into marriage, or has received a legacy after he had undertaken the enlistment. He is required to notify the party who hired him immediately that he is ill or must enter marriage or has become a beneficiary to an estate, and he shall refund the wages or the advance on wages he had received

Anyone who shall violate the above ordinance shall be imprisoned and must return any wages that he had received from the master, pay a fine of one hundred soldinos and remain in prison for one hundred days; any master of a vessel who would hire or allow such a sailor to enlist aboard his vessel after being notified that this sailor had been hired by another patron shall be fined one hundred soldinos. The clerk of a vessel shall enter into the register of the vessel any such agreement concluded by the master of a vessel or his representative with any sailor, crossbowman, or a servant.

The above mentioned clerk will before assuming his office pledge an oath in the presence of the Governor-General of Barcelona or his representative, or before the Governor-General of the territory where the clerk was signed aboard the vessel, that he will faithfully perform all the functions of his office.

2. Furthermore, every sailor, or any other member of the crew who fearful of storm or pirate ships deserts or abandons the vessel shall be hanged by the neck until death, unless the master of the vessel or his representative who is in command of the vessel should abandon the vessel first.

Therefore, if the master of the vessel or his representative is about to abandon the vessel, he must before leaving the deck of the vessel announce to the whole crew assembled on the deck that he is abandoning the vessel because he cannot save it and that he releases all the members of the crew from all their responsibilities. If there is a clerk aboard the vessel, he shall execute a proper deposition relating to the abandoning of the vessel.

3. Furthermore, any sailor, crossbowman, or any other member of the crew who will without the permission of the master of the vessel or his representative cut or unfasten the mooring lines in order to wreck the vessel will be hanged by the neck.

4. Furthermore, any sailor, crossbowman, or any other member of the crew who will desert after the vessel sails from the shores of Barcelona or any other place where he had enlisted as a member of [266] the crew, and has failed to serve the agreed period of time, will be required if apprehended to refund everything that he had received from the vessel, will forfeit all his wages due him for the time he had served aboard, and these wages shall be kept by the master of the vessel, and in addition he shall pay a fine of one hundred soldinos, and will be imprisoned in a fortress for one hundred days.

5. Furthermore, every sailor, crossbowman, or any other member of the crew, regardless of his position or rank, who is attempting to undermine the morale of the crew, shall be seized by other members of the crew, if this is ordered by the master of the vessel, in the name of His Majesty the King. They shall put him in chains, and he shall be kept in fetters until the vessel reaches its home waters. He shall then be surrendered to the local legal authorities, will be fined two hundred soldinos, and he shall not be paid for the time he had been kept in chains, and this amount shall be retained by the master of the vessel, if the other members of the crew should refuse to take hold of him when ordered, each of them shall be fined one hundred soldinos.

6. Furthermore, every master of a vessel is required to pay the sailors, crossbowmen, and all other members of the crew the amount in wages agreed upon at the time of the enlistment for the time served aboard the vessel, as had been agreed.

To continue: If the master of the vessel discharges any member of the crew before the expiration of the time of enlistment, he shall pay them full wages due, as if they had served the entire period anticipated at the time of enlistment, unless he should discharge them for a theft that had been proved against them, quarreling, smuggling, or disobedience of a superior officer. He may not discharge any of them in the territory of the Saracens.

7. Furthermore, if a sailor or any other member of the crew aboard the vessel is wounded or should become ill, he must be paid for the entire period spent aboard the vessel, same as if he were well, and the master of the vessel is also required to pay not only his wages but likewise to provide him with all other benefits in accordance with the terms of the agreement entered into at the time of enlistment.

Furthermore, if the voyage had taken the vessel beyond the sea, ⁽²⁾ the master of the vessel is required to pay such a sailor all his wages and to keep him aboard the vessel until the vessel shall reach the port where he had enlisted.

8. Furthermore, every sailor or crossbowman carried on the [267] payroll aboard the vessel is required to equip himself with proper weapons, as follows: a strong chain of mail, helmet, head gear, a broadsword, two crossbows in good condition, a grappling hook, quiver, and two hundred common or feathered arrows, and must use these weapons in defense of the vessel every time he is ordered to do so by the officer in charge. Should he fail to do this and act otherwise, he shall pay a fine of twenty soldinos for each such offense.

If a sailor should fail to bring with himself such weapons aboard the vessel when he enlisted, or if he should fail to use these arms when ordered to do so, he will forfeit the wages for the entire voyage and period served aboard the vessel, and this money will be kept by the master of the vessel.

9. In addition, every sailor or crossbowman who enlisted to undertake a voyage beyond the sea and had received part of his wages, should upon the demand of the master of the vessel or the merchants remain aboard the vessel at night, from the moment the cargo was loaded aboard the vessel. This is necessary in order that one fourth of the armed crew would always remain aboard the vessel at night. Each member of the crew staying aboard the vessel at night shall receive a bonus equal to one month's wages.

If, however, a member of the crew enlisted for a specified amount of money for his service during the entire voyage he shall be paid twenty Barcelonian pennies for each night he spends aboard the vessel while it is in port, unless it had been agreed at the time of the enlistment that he would sleep aboard the vessel without any additional remuneration. The above provision does not include the nights spent aboard the vessel from the moment it is being readied for departure. Anyone guilty of violating the above provisions shall be fined twenty soldinos for each offense.

10. Furthermore, regardless of the fact whether the vessel began or had not begun to take cargo aboard, information is received that galleys or other enemy vessels are in the vicinity, and that privateers are hovering about, all enlisted sailors and crossbowmen who had received their wages or an advance on their wages, are required upon the orders of the master of the vessel, or the clerk, or any other person commanding the vessel in their stead, to come aboard the vessel in order to defend it. They shall remain aboard as long as they are ordered to do so by the master of the vessel or his representative. Under such circumstances they will be paid their full wages. If any sailor or other member of the crew failed to board the vessel when so ordered, he will be fined twenty soldinos.

11. Furthermore, every sailor, crossbowman, servant, or any other member of the crew is required to obey the orders of the master of the vessel or his representative. If any member of the crew [268] would knowingly or maliciously refuse to obey the master or his representative, he shall be seized by the sailors and all other members of the crew, fettered in chains, and be kept in fetters until they can surrender him to the proper authorities in the environments where the master of the vessel is resident, which authorities will turn him over to a judge of His Majesty the King, who shall dispose of this matter in accordance with the provisions of the law. The above sailor shall not receive any pay for the period he spent in chains.

12. Furthermore, every sailor and crossbowman shall report aboard the vessel on the day announced by its master as the day that the anchor will be hoisted, and from the moment of reporting aboard the vessel he shall be paid full wages. If any of the sailors or crossbowmen should be found on shore after the vessel had unfurled its sails, he shall be fined twenty soldinos.

13. Furthermore, if any of the sailors, crossbowmen, or servants would disembark or leave the proximity of the vessel without the permission of the master, the navigator, or their representative, he shall be fined five soldinos for each such offense. If he should be unable to pay the fine, he shall be imprisoned in the fortress for five days; should the patron of the vessel prefer, he may keep him in chains aboard the vessel, and while in chains he shall not be paid any wages.

14. Furthermore, if one or several sailors, crossbowmen, or servants should take the leading jolly-boat and leave the vessel without the permission of the master, the navigator, or his representative, each of them shall be fined twenty soldinos; if they left the vessel with one of the other jolly-boats, they shall be fined ten soldinos each, if they should be unable to pay the fine, they shall be detained in the fortress, one day for each soldino of fine.

15. Furthermore, if any of the sailors had agreed with the patron or his representative that he shall remain aboard the vessel when it is moored near the shore or any other place, and subsequently leaves the vessel without the permission of one of the two persons mentioned above, he shall pay a fine of twenty soldinos for each such offense and forfeit the wages due to him to that day.

16. Furthermore, if any of the sailors or other members of the crew fall asleep while on guard duty, he shall pay a fine of two soldinos for each such offense if he is stationed on the stern deck, and one soldino if he is doing guard duty on the prow deck.

17. Furthermore, if any vessel due to stormy seas or violent winds is wrecked and begins to sink, the sailors, crossbowmen, and servants, as well as other members of the crew are required immediately to help in the attempt to save the vessel, equipment, and the cargo aboard the vessel. In such a situation the sailors as well as [269] the rest of the crew should be paid full wages until they are released from service by the master of the vessel.

If, however, these sailors and other members of the crew abandon the vessel instead of helping in the attempt to save it and the equipment, cargo, and other effects aboard it, not only will they forfeit the wages for the time they had served aboard, but also they shall be forced to return any wages or advance they had already received. In addition, if the latter had refused to help in an attempt to save the vessel, and if the cargo or personal effects they had aboard the vessel had been salvaged, they shall be confiscated in the name of His Majesty the King.

In any event, all the sailors, crossbowmen, and servants who failed to help in the rescue operations shall be imprisoned until they shall refund to the master of the vessel the wages or the advance they had received.

18. Furthermore, a statement issued by the master of the vessel or the clerk regarding the enlistment of any sailor or other member of the crew, wages that will be paid or the advance that shall be given them, or other conditions of service aboard the vessel shall be accepted as conclusive evidence; therefore, it is obligatory upon any court of justice functioning at the locality where the accusations are made by the master or the clerk against any member of the crew for failing to abide by the terms of the agreement concluded should immediately order the detention of such a defendant and should imprison him for such time until the latter will be able to resolve this matter with the master of the vessel or his intermediary all the obligations entered into at the time the agreement was concluded.

19. Furthermore, no sailor or any other member of a jolly-boat crew, or anyone else can dare to take aboard and unload grain or any other cargo at night without the consent of the master or his representative. Anyone violating the above prohibition shall be fined one hundred soldinos for each offense, but not less; in addition, anyone committing such a transgression shall be liable to the patron or his representative for all the claims arising out of such a situation.

20. Furthermore, if any person contracts a construction of a vessel, a galley, jolly-boat, or any other kind of craft on the shores of Barcelona, and purchases the lumber, ropes, nails, cotton, anchors, and other equipment and materials necessary for the construction of such a vessel, and should fail to pay the suppliers and the master workmen for the time devoted to the building of such a vessel, and in the meantime the party who ordered the construction of the vessel should die or leave the vicinity, the finished vessel shall not be allowed to sail and shall be sold. In such circumstances the creditors who had furnished the lumber, nails, ropes, cotton, anchors, or [270] other essential materials for the construction of the vessel, or those who have a claim for the wages due them for the labor in constructing the vessel, they together with the other investors have the priority claim to the money from the sale of the vessel. Thus, neither the wife of the party who had ordered the vessel constructed nor any other of his creditors can have prior claim to those mentioned above, but only if the vessel had not left the locality where it was constructed without the agreement of the individuals who had the previously mentioned claims upon the vessel.

If the vessel had been allowed to sail without any opposition of the original creditors and was subsequently sold, the original suppliers mentioned will be paid from the proceeds of the sale of the vessel only after the shareholders of the vessel who had provided the initial capital will be repaid, that is, before any other interested party in the construction of the vessel.

21. Furthermore, no commander of a jolly-boat should dare to remove from the vessel any sailor or other member of the crew without the consent of the master of the vessel or his representative. Anyone guilty of violating the above shall be fined one hundred soldinos.

22. Furthermore, no skipper, fisherman, or any other person shall dare to cast nets weighed down with stones and equipped with buoys nearer than twenty-five paces away from the shore, that is, from the walls of the arsenal and the signs posted at the walls of Saint Daniel's. Anyone guilty of violation of this ordinance shall pay a fine of one hundred soldinos, and any master of a vessel or his representative and the sailors who come upon nets placed in such positions, in the area between the walls mentioned, may take or cut the nets without being subject to any kind of punishment.

If, however, any fisherman or skipper or anyone else would wish to drop his nets in the waters described above, he may do so provided the nets are weighed down with bags of sand.

23. Furthermore, a gondolier or other person engaged in using of boats for transporting of merchandise cannot have or maintain in his establishment more than two slaves for labor aboard his boat; he is also forbidden to use more than two slaves for loading or unloading his craft, and these two slaves shall be his personal property and not the property of some other person. Anyone guilty of violation of the above provision shall be deprived of any slaves in excess of the number used as laborers aboard his craft.

24. Furthermore, no patron or a financier or anyone else entrusted with command by the owner shall be allowed to negotiate loans using as collateral the investment the shareholders have in the vessel, if these shareholders are not present in the locality where such loans [271] would be negotiated. Any such loan-maker will be unable to present any claims for the repayment of such loans, even if the agreement indicated that the loan was negotiated for the procurement of essentials for the vessel, unless such a loan was made with the express approval of the mentioned shareholders.

25. Furthermore, each shareholder on the strength of his investment in the vessel can bring about the auctioning off of such a vessel and all the equipment aboard it at a public marketplace and may accept the sum bid for it, and subtract the amount of his investment from the price received for it, and the master of the vessel cannot deny him the right to do this; as a matter of fact, the patron of the vessel shall be forced to agree to the sale of the vessel upon such demand. He shall also be forced to approve such sale and accept the remainder of the proceeds after the shareholder has subtracted the amount of his investment, and such sale may be conducted anywhere except in the territory of the Saracens.

However, the purchaser of such a vessel shall complete the voyage that the vessel was engaged to undertake before it was placed on sale.

26. Furthermore, if a party enters into an agreement with another party relating to the construction of a vessel, specifying that the party of the second part shall accept and pay for a share in the vessel, and the two parties had agreed upon the size of the vessel, the party who had agreed to invest in such an undertaking shall be forced to take the necessary amount from his possessions and invest it as promised.

Under such conditions, the Governor-General of His Majesty the King should force the former party to raise the amount he agreed to invest in the vessel. If, however, the size of the vessel was increased without the knowledge of such an investor, he shall not be required to invest the amount he had promised.

27. Furthermore, if the vessel took on cargo or some other merchandise and while under sail to its port of destination, it will be necessary to throw overboard part of the cargo due to stormy seas or violent winds, or in order to escape the pursuit of enemy ships or vessels, or in order to save those aboard or the vessel itself, the master of the vessel or his substitute should not proceed with this unless he had received the approval of the majority or all of the merchants or their representatives who are aboard the vessel and are the owners of the major portion of the cargo or the merchandise carried aboard the vessel.

If it is necessary to throw some cargo overboard in order to prevent a greater tragedy, and there are no merchants aboard the vessel, the master of the vessel can only do this with the consent and demand of the majority of all the sailors present on the deck of the vessel

[272] It is further stated that if there is an actual necessity to throw some cargo overboard, and this was actually done, all the personal effects, cargo, money, all the silver whether in coins or tablewear, jewelry or other valuables, all the bills of lading and other papers relating to the vessel or the cargo aboard, pearls, gold brocades, silks, and all other merchandise shall be assessed to pay the damages, except sea chests, that is the wood from which they are made, weapons, clothing, and bed linens of all the persons aboard the vessel, regardless of the fact whether the formerly mentioned property was above or below the deck.

28. Furthermore, all the personal property and merchandise that had been thrown overboard shall be evaluated at the price these items would bring at the port of destination where this property was to be unloaded.

29. Furthermore, the vessel itself shall be assessed at the value it will have after the incident had taken place and after it has reached the port where it is to be unloaded; the vessel shall share in the losses suffered up to half of its value ascertained in the manner above.

30. Furthermore, the owner or the patron of the vessel shall be required to share in the loss of the cargo that had been thrown overboard to the full extent of the lading fees he had received, both for the cargo salvaged as well as for the cargo that had been lost, because the patron is entitled to receive lading fees for all of the cargo that he had taken aboard. The patron shall be able to deduct from the sum he had received from the lading charges, after taking inventory of all the leases, the amount due to the crew in wages, and no one shall be permitted to prevent this.

31. Furthermore, if the master of the vessel or the party representing him had put aboard the vessel any cargo or merchandise of the merchants without their consent, and if due to the circumstances described above it shall be necessary to throw this cargo overboard, the master of the vessel and not the merchants shall be held liable, unless the merchants had specifically agreed that such cargo could be stored on the deck; it should be stated that the cargo loaded below the deck or any other merchandise mentioned above shall not be assessable for the damage of the cargo stored on the deck.

It should be further stated that the cargo stored on the deck shall be thrown overboard before any cargo stored below decks, the latter cargo being liable for assessment in case the need to throw some of it overboard shall arise.

32. Furthermore, it should be further stated that the cargo carried below the deck shall not be liable for the assessment to pay the claims [273] for any cargo carried on the deck unless such cargo was carried packed in chests.

33. Furthermore, the patron of the vessel or his representative may take the necessary amount from the cargo carried aboard to pay for the lading fees and for the loss occasioned by the necessity of having to throw some of the cargo overboard, or for either of these two purposes.

34. Furthermore, should the vessel be captured by privateers, enemy vessels, or some other vessel and is allowed to ransom itself, the sailors aboard shall be required to share in the payment of the ransom in the amount due them in wages.

35. Furthermore, if any vessel, galley, or other larger craft owned by the subjects of His Majesty the King is intercepted while on the high seas by a galley, ship, or any other armed unit of the enemy or enemy privateers, and the master of the former vessel decides to defend himself, he shall be able to destroy and sink any of the other galleys, barques, jolly-boats, or other craft sailing with him in convoy in order to save his own ship, provided he had consulted with the majority of the personnel of these barques, galleys, jolly-boats, and other craft, and provided he had notified all of them in writing prepared by his clerk that he will undertake such action in order to save himself and his vessel. Should the patron of the flagship proceed in this manner, he shall not be liable for damages of the mentioned galleys, barques, and the cargo that they had carried.

To continue: if such craft, jolly-boats, and other smaller units were at anchor adjacent to the galley or a large vessel and the enemy vessels or privateers came upon them, and the flagship wanted to defend itself, its master is allowed to sink the enumerated smaller units after notifying the commanders of these boats, jolly-boats, and other units, should the action he is planning to undertake be necessary to safeguard his own vessel.

Under such circumstances the large galley or other type of large vessel as well as the cargo aboard such a vessel shall be liable for the damages wrought to boats, jolly-boats, and other small craft proportionally to the number and value of such craft, and the amount such smaller craft would be assessed at in case cargo from the flagship had to be thrown overboard.

36. Furthermore, the patron should sail to such destination with the crew and equipment as had been agreed to with the merchants when they had leased the vessel, if the master of a vessel loaded the cargo of the merchants aboard his vessel but failed to carry out the terms of their agreement, the merchants may file charges against him before the judge if they so choose, and the judge will punish him in the degree decided mutually by the merchants and the patron of the [274] vessel when they had reached an agreement relating to the shipment of the cargo. The patron of the vessel shall have equal right of making such claims against the merchants, according to the agreement concluded between them.

37. Furthermore, an alien who is not a subject of His Majesty the King is prohibited from cutting, using, or taking away from the domain of His Majesty any common oak or evergreen oak. Anyone guilty of violating the above provision shall be fined one thousand soldinos, and the wood he had taken shall be confiscated in the name of His Majesty the King; in addition, any master of a vessel or a barque who had attempted to export such lumber shall be fined one thousand soldinos.

Let it also be known that the clerk, navigator, and the head guard are authorized to act in the name of the master of the vessel if he should not be personally present. A like responsibility rests upon the shoulder of any person appointed master of a vessel by its owners, whether such craft be a barque or any other type of watercraft.

38. Furthermore, His Majesty the King, his officers, and all other officials have the authority to summon, question, and assess fines against all persons, sailors, crossbowmen, or any other persons, as had been mentioned above, but only under the condition when the charges are made against such persons by the patron of the vessel, his representative, or the clerk. From all the fines and other monetary assessments levied against all parties, the judge or the court that had adjudicated the issue shall retain two thirds of the amount while the accuser shall receive one third of the amount collected in fines.

All the officials of the King as well as the consuls are required to carry out the above provisions in a manner that will enforce these provisions in conformity with the will of His Majesty the King.

Thus we order and instruct all and every individual that they adhere to all the above mentioned articles and ordinances contained therein, which We ordain for the common good (as had been previously stated). We hereby proclaim that they be faithfully and in all details carried out.

Given at Barcelona, on the tenth day of December, in the year of Our Lord, 1340.

[275] Ordinances of the Councilmen of Barcelona Regarding Consuls Stationed in Sicily.
 

1. In the presence of all merchants and masters of vessels as well as other types of watercraft summoned specially for this purpose, the Councilmen and Elders of the City of Barcelona decree that a consul appointed to serve at Messina, Syracuse, Palermo, or Trapani shall be required to pledge an oath that he will observe, administer, and enforce to the best of his ability all the rights and privileges that the cities of Barcelona and Majorca and the inhabitants thereof enjoy in Sicily, and that he will also protect and defend all the merchants and masters of vessels as well as all other subjects of His Majesty the King of Aragon and the King of Majorca, regardless of the social status of persons involved, that he shall defend them in all litigations in the courts of law, in all disputes with the customs authorities, or with any other instrumentalities of the government, if they should be treated unjustly or should have suffered any damage.

2. Furthermore, they decree that all merchants, masters of vessels, and all sailors pledge under oath before the consul that they will report to him how much money they had spent and what type of cargo they had sold in the territory within his jurisdiction, and that they will pay the consul his fees based on the circumstances listed below; full credence shall be given to each interested party upon a deposition made under oath.

3. Furthermore, they decree that all the merchant subjects of the King of Aragon or the King of Majorca, arriving at Messina, Syracuse, Palermo, or Trapani, are required to pay the consul on all the cargo imported on the basis of one twelfth of an ounce for each ounce of cargo, and the merchant's estimate of the amount of his cargo shall be accepted under oath.

If any merchant should be unable to sell his cargo anywhere in Sicily and will be forced to take his cargo somewhere else, he will be required to pay the consul three fourths of a gram for each ounce of his cargo and no more.

4. Furthermore, they decree that if a merchant or anyone else brought to Sicily money or bills of exchange and used them there, he [276] shall be required to pay the consul a fee equal to one and one-half percent of the amount involved, as had been stated before,

5.  Furthermore, they decree that every master of a single deck vessel pay the consul a fee of five thalers per each deck on every vessel or any other kind of sea craft, it should be understood that this fee is payable each time a vessel delivers and picks up a cargo, on every voyage made.

6. Furthermore, every sailor arriving from any point outside of Sicily shall pay the consul for each voyage completed by the vessel one salut. ⁽³⁾ If any of the sailors had merchandise valued above seven ounces of silver, he shall pay the consular fee on the merchandise but not on his own person.

7. Furthermore, they decree that no master of a vessel shall be required to pay the consular fee for his own person but that all others shall pay such fees. However, should the patron of a vessel bring money or bills of credit, he shall pay in the same amount as do the merchants.

8. Furthermore, they decree that all masters of vessels, all merchants, and sailors pay the consular fee no later than three days before their vessel leaves the port or the shore of the area.

9. Furthermore, they decree that every master, merchant, and sailor pay the fees due to the consul at the locality where the vessel is berthed, if the cargo had been unloaded at some other place in Sicily, the consular fees shall be paid where the cargo was unloaded, if the cargo was sold there. The consul shall issue a proper receipt for the fees paid, and no other fees shall be paid anywhere in Sicily on this same cargo at any other place, because the receipt will show that these fees had been paid at the location where the cargo was sold.

10. Furthermore, they decree that if any merchant or any other person by the will of God should die in Sicily without leaving a partner who would be able to conduct the affairs of the deceased, the consul with the Elders of the Merchant Guild will take control of such property and interests of the deceased, will make an inventory of his possessions, see to it that these possessions are safeguarded, and deliver them to the friends of the deceased or to the Councilmen.

11. Furthermore, they decree that in the event the partners of the deceased take control of his property in Barcelona or at Majorca or at any other place, and a dispute develops between them so that one of [277] them cannot agree with the other and will want to take part of the cargo to be sold somewhere else, with the exception of Barcelona and Majorca where they had taken control of such property, and the other partner shall not agree to this and will take the matter before the consul, asking that the consul should not agree to the demands made by the first partner, but should decide in favor of the second partner who will take the property to the place where they had originally taken control over it, if the consul shall decide in favor of the latter, he shall make certain that the property will not be transported to some other place not designated by him.

12. Furthermore, they decree that in the event the consul and the Elders of the Merchant Guild discover and are able to prove that a particular merchant who had accepted control over a cargo of another is gambling, carousing, or wasting it, the consul and the Elders are commanded to take away all moneys found on his person as well as all the merchandise in his possession. After a consultation among themselves, they shall dispose of the cargo as has been suggested, and they shall take the cargo and the party who had accepted control over it and place them aboard a vessel bound for Catalonia or Majorca.

In the register kept by the clerk aboard this vessel, there shall be an entry made to the effect that this person cannot sell any of this cargo or dispose of it in any manner whatsoever, but rather that this cargo shall be returned to the persons who had originally entrusted it to his care, if the erring merchant refuses to board such a vessel, the consul and the Elders shall store such cargo in a safe place for the time being, until the parties who had entrusted this cargo to the former merchant will notify them in what manner to dispose of the cargo and until their wishes are carried out.

13. Furthermore, they decree that in the event any merchant or master of a vessel would have to appeal to the consul to leave his place of office in order to protect or defend them, such a merchant or master of a vessel must provide proper transportation and maintenance for the consul, the type to which a man of his rank is entitled to, and the consul shall not demand payment of any fees.

14. Furthermore, they decree that in the event the customs officials or any other functionaries of the King of Sicily, by any of their actions, cause harm to any of the Catalans, and the consul shall be required to go directly to the King in this matter, the consul shall be reimbursed for this effort and for his proper appearance before the King; these expenses shall be shared by all the interested parties, that is to say, such expenses shall be divided among all the merchants and masters of vessels who happen to be present at that locality.

[278] Ordinances of the Councilmen of Barcelona Relating to Marine Commerce, proclaimed on the Twenty-first Day of November, A.D. 1435

Upon the recommendations of Their Highness, William de Sent Climent, Cavalier, Judge of Barcelona, and of Mattheu Dezvall, Governor-General of that city, and each of them from within his own jurisdiction, Councilmen and Elders of the city, and in order to protect and regulate the activities of vessels and other craft sailing the seas, and for the protection of such commerce, ordain the following

That, from this date on, all patrons of vessels as well as other sailing craft capable of carrying more than five hundred salmo ⁽⁴⁾ of cargo shall be required to retain the services of a clerk aboard their vessel who had taken the oath of office, from whom they shall demand an oath of office in accordance with the provisions made for the administering of such an oath in the book of the Consulate, ⁽⁵⁾ that he shall also observe the provisions of the ordinances contained herein; thus none of the above mentioned vessels or other craft can attempt to sail without a sworn clerk. Should a patron or clerk of a vessel violate these resolutions, neither of them shall be paid any wages or share of the profit made from such an undertaking. ⁽⁶⁾

2. Furthermore, the formerly mentioned Councilmen and Elders ordain that from this date on, all obligations related to loans involving the usual risks of sea commerce will be executed in an official public act, otherwise it will be impossible to enforce the fulfillment of the terms stated within, as had been explicitly stated above. ⁽⁷⁾

In all such depositions mentioned above the master of the vessel [279] as well as the clerk shall state their consent to such loans and state under oath that all these loans made in pursuance of marine commerce or on the basis of some other agreement that had included the risk clause have been paid off without any attempt at deceit or fraud, and that such loans were negotiated for the needs and purposes of the vessel engaged in a specific voyage. In addition, they must pledge that they shall keep an account of every expense incurred in outfitting and of buying the necessities and supplies for the vessel, which shall be necessary at any place from which the vessel shall depart to continue its voyage, and that all these expenditures shall be entered into the register. ⁽⁸⁾ All this must be done in order that the loan makers could find within the wording of such agreements made regarding these loans and be able to prove if the need shall arise that the money was used for specific needs, essentials, and expenses, and whether these loans were actually used for the purposes claimed, and if there had been any deceit or fraud attempted by the master of the vessel or the clerks, who are required to observe in most minute detail the intent and meaning of the Barcelona ordinances and the articles of the Consulate, and carry them out, each within its proper domain.

If they should violate these ordinances, they shall forfeit their wages and any profit accruing from these enterprizes, and their share shall accrue to the other shareholders of the vessel. In addition, clerks of such vessels shall be punished in the manner prescribed in the articles of the Consulate.

Furthermore, masters of vessels violating these ordinances are answerable with all their property for these marine loans and other agreements involving marine risks, even if their vessels should be lost due to any circumstance, unless they can prove that the money had been used to repair damage suffered by the vessel, and the money had to be also used to refit the vessel and expended on other essentials for the vessels or other sailing units.

3. Furthermore, the previously mentioned Councilmen and Elders decree that from this date on, all loans and other agreements concluded that contain the risk clause, which can be ascertained in the manner described above, and indicating that such loans were used for the needs and expenses of the same identical journey and the identical destination, although there was a difference in the time period between the issuance of the loans and completion of the journey, that is, if some of these loans were negotiated earlier and some later, all of [280] these loans must be acknolwedged, liquidated and repaid by the owners of the vessel or from their lading fees and profits that they had made, and in case of need, out of the wealth of the master of the vessel as well as from the wealth of the other interested parties in the vessel, and that these loans and other financial agreements should be adjusted and liquidated proportionally to the amount of each of these loans without any other considerations and without claims of priority based on the date such loans were concluded.

4. Furthermore, the above mentioned Councilmen and Elders ordain that from this date, no master of a vessel or anyone acting in his name may pay, apportion, or assign from the amount received or due from the lading fees for a specific voyage, with the intention of liquidating the loans or debts encumbering the vessel that he commands, which would be detrimental to and diminish the amount due in wages to the crew signed aboard for the voyage; should any of them do this, they shall be required to provide out of their own wealth the amount of money necessary to pay the wages of the crew enlisted aboard the vessel.

5. Furthermore, the above mentioned Councilmen and Elders decree that all sailors, servants, and all other personnel aboard the vessel who had been given any loans, wages, or part of their wages and refused to sail aboard the vessel of their enlistment without a just cause, as has been described in the articles of the Consulate, shall not only lose such loans, wages, or partial wages, as had been explained in the Consulate, but shall be required to repay the patrons double the amount they had received in relation to the undertaking of a specific voyage; should any of the members of the crew be unable to repay the patron double the amount they had received from him, they shall be subjected to the whipping post at Barcelona.

6. Furthermore, the previously mentioned Councilmen and Elders decree that sailors, servants, and other members of the ship's personnel who had agreed to serve aboard a vessel and promised to arm themselves appropriately at personal expense shall, if they had been given a loan or had received part of their pay, return on board of the vessel each time when due to the necessity occasioned by bad weather or some other reason it shall be necessary to leave the area where the vessel had anchored during a journey, when the patron or the clerk recall them from the shore or when they are summoned by a blaring of a horn calling them to assemble aboard, under the penalty of a whipping for all servants and the payment of a fine of one hundred soldinos for each such offense committed by sailors or other members of the crew, and all such fines may be subtracted from their wages.

7. Furthermore, the previously mentioned Councilmen and Elders [281] further decree that all sailors, servants, and other members of the crew are required to serve aboard the vessel of their enlistment during the entire voyage undertaken by the vessel and shall not desert or absent themselves from the vessel, either during the day or night without express permission of the master, clerk, or navigator subject to the penalty of forfeiting their wages. If they had already received part of their wages, they shall be forced to return double the amount they had received. Masters of vessels are authorized to treat such sailors, servants, and other members of the crew who behave in this manner as deserters and can discharge them for commission of such an offense; in addition, all servants guilty of such practice shall be whipped.

8. Furthermore, the previously mentioned Councilmen and Elders further decree that sailors, servants, and all other members of the crew of a vessel returned to the port of Barcelona or its shores upon completion of a voyage shall remain aboard the vessel and perform all the services in accordance with the wishes and orders of the masters and shall not disembark until they have been released by their masters, under the penalty of a fine of one hundred soldinos.

9. Furthermore, the above mentioned Councilmen and Elders further decree that all masters and clerks of vessels or any other sea craft that have been newly constructed or purchased, immediately after such vessels had been constructed or acquired shall settle all the accounts in regard to such vessels and shall make proper entries in the ledger or register of all the details of outfitting and construction of such vessels before any voyage is undertaken. All the accounts and ledgers shall remain in the custody of the shareholders in Barcelona, or in custody of a third party designated by the shareholders in the vessel. Masters of vessels and clerks shall enter in these ledgers or registers all the payments made by the shareholders as well as the amounts still due from each of them.

Should any master or clerk violate any of these provisions, he shall forfeit his wages and the profit due to him for his services in such an endeavor, and cannot submit any demands to the shareholders for any accounting in this issue.

10. Furthermore, the previously mentioned Councilmen and Elders further decree that all masters and clerks of vessels or other types of watercraft are required after the completion of each voyage to make a full accounting to the shareholders of the lading fees received, profits made, any other income or booty acquired by the vessel in accordance with the provisions that are contained in the articles of the Consulate, and shall prepare and submit such an account in writing for each of the shareholders in the vessel of their share of the profit, other income and any captured booty, and upon a demand made by [282] anyone of them to show a detail accounting of the venture to a third party mutually agreed on between them.

In the event they would not or could not reach an understanding in this matter, such a ledger or register, upon the demand of the shareholders, or any of them, should be brought before the consuls or some person designated by them. The consuls or the persons designated by them shall examine these accounts and close the matter, paying the shareholders the amount due to them on their investment in the vessel, and only after this is all done will the master of the vessel and the clerk be able to depart on another voyage, in the hope of making new profit and earning additional income.

11. Furthermore, the previously mentioned Councilmen and Elders further decree that all masters and clerks of all vessels and other crafts are required before starting on a voyage to make their vessel available for inspection by the marine consul or some person designated by him, in order to ascertain whether such vessels are seaworthy and whether they contain sea chests, weapons, and other necessary equipment in good and satisfactory condition. Should they violate these regulations, they shall forfeit all their wages and any share of profit due them for taking part in such an expedition.

In the event that after the inspection had been conducted by the consul, it was discovered that the vessel or any other sailing unit lacks some equipment essential to the safety of the vessel, this can be remedied by following the suggestions made by the Elders who are entrusted with the care, guardianship, and preservation of public welfare.

12. All money fines shall be divided into three equal parts, of which one part shall be given to the officer conducting the hearing, one part to the accuser, and the third part shall be designated for the maintenance of the fortification ramparts and walls of the city.

13. The previously mentioned Councilmen and Elders make this reservation, that if in the ordinances and resolutions herein presented there appeared any ambiguous or misleading statements, they themselves as well as their successors shall be able to change, explain, or interpret them when they shall deem this necessary.
 

1. Part Three in the original manuscript lacks consecutive pagination. It contains original royal and communal proclamations, charters, and ordinances that were added to or supplemented the well entrenched body of contemporary customs regarding marine commerce.

2. Mediterranean Sea.

3. Salut or carlin, a silver coin, also coined in gold, from 1278 in Naples by the King of Anjou. The gold salut weighed approximately 4.4 grains while the silver salut weighed 3.34 grains.

4. Salmo, a unit of weight equal to one eighth-ton. Actually 500 pounds as the contemporary ton was 4000 pounds.

5. Reference is made to Article 57 of the Book of the Consulate.

6. Refers to a clerk who had not been administered the oath of his office.

7. In the original manuscript these ordinances were not numbered. In order to avoid confusion each article starting with the word Item was numbered.

8. In the original, en lo libre de la nau. In the Consulate, cartolari.