CHAP. XXV.: That we should not follow the general Disposition of the civil Law, in Things which ought to be subject to particular Rules drawn from their own nature.
IS it a good law, that all civil obligations passed between sailors in a ship in the course of a voyage should be null? Francis Pirard†472 tells us, that in his time it was not observed by the Portuguese, though
it was by the French. Men who are together only for a short time; who have no wants, since they are provided for by the prince; who have only one object in view, that of their voyage; who are no longer in society, but are only the inhabitants of a ship, ought not to contract obligations that were never introduced, but to support the burthen of civil society.In the same spirit was the law of the Rhodians, made at a time when they always followed the coasts; it ordained, that those who during a tempest staid in a vessel, should have ship and cargo, and those who quitted it should have nothing.