Controversia I BC
Cic. - Inv. (Cic.Inv.2.153-154)
Text
Lex : QUI IN ADVERSA TEMPESTATE NAVEM RELIQUERINT, OMNIA AMITTUNTO; EORUM NAVIS ET ONERA SUNTO, QUI IN NAVE REMANSERINT. Duo quidam, cum iam in alto navigarent, et cum eorum alterius navis, alterius onus esset, naufragum quendam natantem et manus ad se tendentem animum adverterent; misericordia commoti navem ad eum adplicarunt, hominem ad se sustulerunt. Postea aliquanto ipsos quoque tempestas vehementius iactare coepit, usque adeo ut dominus navis, cum idem gubernator esset, in scapham confugeret et inde funiculo, qui a puppi religatus scapham adnexam trahebat, navi, quod posset, moderaretur, ille autem, cuius merces erant, in gladium in navi ibidem incumberet. Hic ille naufragus ad gubernaculum accessit et navi, quod potuit, est opitulatus. Sedatis autem fluctibus et tempestate iam commutata, navis in portum pervehitur. Ille autem, qui in gladium incubuerat, leviter saucius facile ex vulnere est recreatus. Navem cum onere horum trium suam quisque esse dicit.
Translation
Law: WHOEVER ABANDONS A SHIP IN TIME OF STORM, SHALL LOSE EVERITHING; THE SHIP AND THE CARGO SHALL BELONG TO THOSE WHO HAVE REMAINED ON THE SHIP. Two men were sailing on the high seas; one owned the ship, the other, the cargo. They caught sight of a shipwrecked mariner swimming and begging for help. Taking pity of him thei brought the ship alongside and took him on board. Shortly afterward, they too, began to be tossed about by a violent storm, so violent in fact that the owner of the ship who was also the pilot, took refuge in the skiff, and from there guided the ship, as far as he could, by the line by which the skiff was towed from the stern of the vessel. The owner of the cargo then and there fell on his sword on the ship. The shipwrecked sailor took the helm and did what he could to save the ship. When the wheater changed and the sea went down the ship got into port. The merchant who ad fallen on his sword proved to have only a slight wound ad made a quick recovery. Each of the three claims the ship and the cargo.
Main Characters
Owner of the cargo, Owner of the ship
Characters
Shipwrecked sailor
Issues
Definitio legalis
Accusations
Ownership of ship and cargo
Narrative themes
Pity, Sailor, Storm
Legal references
Eorum navis et onera sunto, qui in nave remanserint), Ship (qui in adversa tempestate navem reliquerint, omnia amittunto