Of the maritime laws in the Basilica.

accident, unless they should be enemies of the emperor, or pirates, under the pain of a forfeiture of all the transgressor's goods, and other arbitrary penalties. Every one knows in what manner that constitution became inserted in the Code, and for what cause, thirteen constitutions of the two imperial Fredericks, are also found there.*

ARTICLE VI.

Of the Maritime Laws contained in the Basilica.

§ 1. AFTER the example of Justinian, the emperor Basil, in 877, published a compilation of laws in forty books. Leo VI. his son and successor, added twenty more, all which laws are known under the name of the Basilica, and were the basis of the jurisprudence of the Greek empire, until its final destruction.

2. This compilation, published at Paris, in 1647, by Charles Annibal Fabrot, contains, in the 53d

*The Pandects were discovered a short time before Frederick 1. invaded Lombardy; the history of the transaction of the two Fredericks, and the use they made of the Pandects and Code of Justinian, may be found in Giannone's Istoria Civile del regno Napoli, vol. 2, lib. 12, cap. 1. Lib. 13, cap. 3, § 1, 2, et 3. Lib. 13, cap. 3, 4. Lib. 16, 17.....T.

VOL. I.

Maritime laws in the Basilica, taken from the Digest and Code.

book, several maritime laws, comprising six titles, on this subject.

3. The first is, De nauticis obligationibus, et omnis generis actionibus, quæ nomine navium, et omnium, in eis navigantium, exercitorum, magistrorum, nautarum, mercatorum, reliquorumque, vectorum instituuntur, et de naufragio. This title includes five laws taken from the Digest, and Code of Justinian. The first is the same with that of Ulpian, and found in the Digest, under the title of nautæ, caupones, stabularii. The second is by the same lawyer, and taken from the first law of the title, de exercitoria actione. The third is of Paulus, and founded on the 6th section of the 26th law mandati, in the Digest. The fourth is of Ulpian, from the 11th law of the Digest, lib. 47, tit. v. furti adversus nautas. And the fifth is the fourth law of the Code, de institoria, et exercitoria actione, lib. 4, tit. 25.

4. The second title is, de nave vindicanda. It comprehends three laws of Ulpian, which are, § 1, law 13, lib. 19, tit. 2. of the Digest, locati; law 27, § 15, digest, lib. 9, tit. 2, ad legem aquiliam; and law 29, § 1, of the Code. The fourth is that of Labeo, and is extracted from the law 29 of the Digest, de instrumento legato.

5. The third is, de naufragio, et jactu, et collatione. It contains several laws: the first and second, of Paulus, taken from laws 1 and 7 of the Di

Various maritime laws in the Bastlica.

gest, ad legem Rhodiam; the third and fourth are of Julian, taken from law 6; the fifth, of Paul, taken from law 7; the sixth is of Julian, taken from law 8; the seventh, of Ulpian, taken from law 43, § 6, of the Digest de furtis; the eighth, of Javolenus, taken from law 21, § 1, Digest de acquirenda possessione; the ninth, of Ulpian, taken from law 7, and those which follow in the Digest, lib. 47, tit. 9, de incendio, &c.; the tenth, of Caius, taken from law 1, Digest ad legem Juliam de vi privata; and the last, of Caius, de incendio, &c.

6. The fourth title is, de nautico fænore, and contains the law of Pomponius, 1. 24, § 3, Digest, lib. 31, de legatis, 1.

7. The fifth title, de nautico fænore, is composed of five different laws: the first of Modestinus, taken from law 1 of the Digest, lib. 22, tit. 2, de nautico fœnore; the second is the 26th law of lib. iv. tit. 32, of the Code de usuris; the third is the second law of lib. iv. tit. 33, of the Code de nautico fænore; the fourth is of Ulpian, and is the 5th law of the Digest, lib. xx. tit. 3, qui potiores in pignore; and the fifth is also of Ulpian, the 6th law, § 1, of the same title in the Digest.

8. The sixth title is, de piscatoribus, et de piscatione, ac de jure maris. This title contains a single law of Ulpian, taken from the 13th law, § 7, lib. 47, tit. 10, of the Digest de injuriis.

Maritime laws of the emperor Leon.

9. The eighth title contains forty-eight chapters, which compose the supposed law of the Rhodians. There are four laws; one taken from the second title of the 11th book of the Code; the other from the fifth title of the same book; the third and fourth, from the 1st title of the 12th book, and from the 9th title to the 14th of the 47th book of the Digests, in which more is said of maritime laws.

ARTICLE VII.

Of the Laws promulgated by the Emperor Leon.

§ 1. THE laws and constitutions of the emperor Leon, mentioned in the preceding article, some of which relate also to maritime subjects, merit further notice.

2. The 56th constitution repeals the 7th section of the 13th law of the Digest, de injuriis, et famosis libellis, and fixes the nature of the action, which the owner of lands, situate along the sea, may have to prevent persons from fishing within the bounds of his property. It gives to every lawful owner of such land, the right of prohibiting any person from fishing on the banks belonging to him, without his permission.

3. The 57th constitution prescribes the distance. into the sea, at which the fishermen may mutually

Maritime constitutions of the emperor Leon.

fix their stations, and which is at 365 Roman paces.

4. The 64th constitution annuls the 3d law of lib. 48, of the Digest ad legem Corneliam, de sicariis, which condemned to death those who secreted effects belonging to a wreck, and commutes the punishment of death for a fine of fourfold the value of the goods.

5. The 102d constitution directs, that if any person is desirous of occupying a station for fishing, and has not land sufficient for that purpose, he may compel his neighbour to enter into partnership with him, and to cede to him as much land as he wants.

6. The 103d constitution declares, that in case of such partnership, the person who has thus ceded a small portion of land, shall share an equal proportion of the profits of the fishing with him who has ceded a larger portion, because the gain is not, in this case, produced by the greater or less quantity of land occupied in the fishery, but by the industry and labour of the fishermen. The well known principle of partnership, that the profits must be divided between the partners in proportion to the capital which each has put into the partnership stock, does not apply to this case.