It Then Passed Through Part Of Assyria And Media, To
Ecbatana And The Caspian Pass; After This, Through Parthia To Hecatompylos:
From This Place To Hyrcania; Then To Antioch, In Margiana; And Hence Into
Bactria.
From Bactria, a mountainous country was to be crossed, and the
country of the Sacae, to Tachkend, or the Stone Tower.
Near this place was
the station of those merchants who traded directly with the Seres. The
defile of Conghez was next passed, and the region of Cosia or Cashgar
through the country of the Itaguri, to the capital of China. Seven months
were employed on this journey, and the distance in a right line amounted to
2800 miles. That the whole of this journey was sometimes performed by
individuals for the purchase of silk and other Chinese commodities, we have
the express testimony of Ptolemy; for he informs us, that Maes, a
Macedonian merchant, sent his agent through the entire route which we have
just described. It is not surprising, therefore, that silk should have
borne such an exorbitant price at Rome; but it is astonishing that any
commodity, however precious, could bear the expence of such a land
carriage.
The only other routes by land, by which silk was brought from China into
Europe, seem to have corresponded, in the latter part of their direction,
with the land routes from India, already described. Indeed, it may
naturally be supposed, that the Indian merchants, as soon as they learned
the high prices of silk at Rome, would purchase it, and send it along with
the produce and manufactures of their own country, by the caravans to
Palmyra, and by river navigation to the Euxine: and we have seen, that on
the capture of Palmyra, by Aurelian, silk was one of the articles of
plunder.
We are now to take notice of the laws which were passed by the Romans for
the improvement of navigation and commerce; and in this part of our subject
we shall follow the same plan and arrangement which we have adopted in
treating of the commerce itself; that is, we shall give a connected view of
these laws, or at least the most important of them, from the period when
the Romans began to interest themselves in commerce, till the decline of
the empire.
These laws may be divided into three heads: 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.
As a counterbalance to those privileges and honours, it appears, that
mariners, at least such of them as might be required for the protection of
the state, were obliged to conform themselves to certain rules and
conditions, otherwise the laws already quoted did not benefit them. 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.
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