thorities cited in the pamphlet, he obferves, that before the prohibition to export wool took place in England at the Reftoration, and in Scotland at the Union, the average price of wool was far higher in both countries than it has been fince the prohibition: that the exportation of woollen manufacture from England has not been greater, all circumftances confidered, fince the prohibition took place than it was before; and in Scotland has been lefs: that fince the prohibition took place, the quantity of wool fmuggled abroad has been immenfe that in ancient times, the English wool was in as great requeft abroad as the Spanish: and that, at the clofe of the last century, it was computed, that one-fifth of the land rents in England was paid by wool.

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On a fubject which is liable to be viewed in different lights, by the woollen manufacturers and the landed interest, it must give pleasure to all men of public spirit, to behold this important queftion treated with fuch perfpicuity as it is by fir John Dalrymple; whofe judicious obfervations will, we hope, conduce to eftablish a uniformity of fentiment in a matter of great national importance.

A complete Digeft of the Theory, Laws, and Practice of Infurance. By John Wefkett. Folio. 21. 55. in boards. Richardson and Urquhart.

IN

Na Preliminary Difcourfe, published a few years fince, Mr. Wefkett delineated the great disorders which prevail in the affairs of infurance, explained their principal caufes, and propofed methods for their better regulation and prevention. The author has now completed his elaborate work, which is conveniently digefted in an alphabetical form, under fuch heads as relate to insurance, in all the variety of circumstances. Mr. Wefkett delivers not only the most prudential rules and cautions, but reports of decided cafes, with the neceffary forms of obligation, in contracting to infure against hazards at fea. The fubject being too technical to excite the attention of the greater part of our readers, it may be fufficient to give them, by a fpecimen, an idea of the manner in which it is treated. For this purpose, we shall select the article Infurance, as being of a general nature.

The various matters which relate to infurance, being treated of diftinctly under their feveral refpective heads throughout this work, it will fuffice to fpeak here of the fubject in general.

the

The civilians have laboured much in their enquiries upon nature of the contract of infurance; whether it be fponfio, contractus qui re conftet, ftipulatio, fidejuffio, litterarum obligatio,

emptio

emptio-venditio, locatio, focietas, mandatum, and whether it be contractus innominatus vel nominatus ?"-But, all this is frivolous and mere fubtility: it is fufficient to know that infurance is a contract by which the insurer promises to the infured, or him who hath intereft in the fhip, cargo, or thing which is infured (for otherwise it is not an infurance, but a wager) to guarantee or indemnify him from all the loffes and damages which fhall happen thereto, without fraud or fault of the insured, by unavoidable accidents, or dangers of the fea, during the voyage, or during the time of the rifque, according to the tenor of the contract, or policy; in confideration of a fum, called premium, paid by the infured to the infurer.-I offer this definition of infurance, as more adequate and complete than any I have met with; and as comprehending that of Loccenius, Stypmannus, Straccia, Scaccia, Targa, Kuricke, Bornier, and all the esteemed authors who have treated of it.

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Grotius calls it "Contractus, in facto præftande indemnitatis circa cafus fortuitos averfio periculi ;" and obferves that it was unknown to the ancients: De jur. bel. & pac. lib. ii. cap. 12. fect. 3.-Gerard Malynes, in his Lex Mercatoria; Molloy, De jure maritimo, and feveral other English authors, feem to favour a contrary opinion, founded on a paffage of Suetonius, in Vita Claudii, cap. 18. which alludes fomewhat to infurance: but the learned civilian and fenator Langenbeck, of Hamburgh, in his annotations on infurances, has very judiciously and evidently fhewn that the meaning of Suetonius was no more than this; that in time of public danger, whenever any private man's property fhould be made ufe of for the fervice of the commonwealth, the lofs and damage of the private perfon were to be made good by the public; this is founded in juftice and equity; and is followed at this time by all governments that are guided by equitable principles but it cannot be parallel with the infurance here treated of; which is a matter of choice, and for conveniency, between private perfons.-Concerning insurance of this nature we meet with nothing older than an ordinance made at Barcelona, mentioned in Cafa Regis's Confolato del Mare, or a treatise on the fea-laws of Oleron, which, though without date, by fome facts it recites, feems to have been made about the year 1435; and, by the preamble to this ordinance, it appears that not many. others had preceded it, fince it begins with these words; "Whereas in times paft but few ordinances of insurance have been made; which defect wanted correction, and amendment, &c." but in 1481, the crown of Arragon being united to the Spanish monarchy by the marriage of Ferdinand, the Catholic, with Ifabella, heiress of Caftile, the Catalans became fubjected to the laws of Spain, and therefore no further notice is to be taken of their particular laws at Barcelona.-The next remarkable ordinance is one made ar Florence in 1523, which is ftill in force at Leghorn: then follows the celebrated one of Philip II. of Spain. 1555.

According to Stypmannus, Cleirac's Guidon, and many other authors, the contract of maritime infurance, paffed from the Italians amongst the Spaniards: afterwards into Holland; and then became in ufe amongst all commercial nations.

Monf. Savary fays, the Jews were the first who introduced the practice of infurance about 1183.-Being driven from France they made ufe of this way to avoid the rifquing entirely the lofs of their effects; but, the current practice of infurance was first eftablished in England.-Dict. du Citoyen.

Whoever was the first contriver of it, it has for many ages been practised in this kingdom; and is fupposed to have been introduced here jointly with its twin brother, exchanges, by fome Italians from Lombardy, who at the fame time came to fettle at Antwerp, and among us; and this being prior to the building the Royal-Exchange, they used to meet in the place where Lombard-street now is, at a houfe they had, called the pawn-house, or Lombard, for tranfacting bufinefs, and as they were then the fole negociators of infurance, the policies made by others in after times had a claufe inferted that "they should be of as much force and effect as thofe heretofore made in Lombard-street."-As infurances in time grew more general in England, the legislature, by ftat. 43 Eliz. cap. 12. erected a court called the Court of Policies of Affurance, for deciding all difputes and differences concerning them in a fummary way; with an office for making and registering of policies, which was kept on the weft fide of the Royal-Exchange; but this did not exclude others from making infurances, in whofe policies were added, immediately after the above-mentioned claufe, the words following "or in the RoyalExchange or any where elfe ;" and the whole ftill remain in the policies now in ufe.

This branch of bufinefs was originally confined to maritime affairs folely; but by modern laws or cuftoms, infurances are much extended, and may be made as follows, viz.-on divers kinds of merchandifes; on fhips or part of fhips; by the month, or for a time ftipulated, or to one fingle port, or out and home, with liberty to touch at the different places mentioned in the policy, or for a trading voyage; on the freight, or hire of ships; on the money for fitting out of fhips: on bottomry, or money borrowed on the keel of a fhip, or on the goods to be shipped on board her, called refpondentia; on fhips and their cargoes jointly; -on the profit expected by the goods; in fome places, on interest or no intere?, i. e. without further proof of interest than the policy, and on the rife or continuance of the current price of merchandifes; -on houfes, furniture, warehouses, cellars, and the value of goods laid up therein, against danger from fire (for which purpofe there are in London, feveral focieties and offices erected, with a limitation to this branch only) on fisheries, and the bounties to fhips employed therein; on the lives of men, and their liberty; on cattle: on lotteries; alfo on goods fent by land, or by hoys, or lighters, &c. on rivers; and, in general,

On

on every kind of property or intereft, in whatsoever fituation, liable to any rifque of lofs or damage:-the whole according to the circumstances agreed upon and understood by the parties, and under the restrictions of the cutioms, ufages, laws, and ordinances, of the refpective countries, in which the contract is made.

Every perfon may infure, who by the laws of his country has a right to difpofe of his property but in fome places where ordinances relating to infurances are in force, many perfons are excepted; particularly thofe concerned either in the management or direction of them: as infurance-brokers, commiffioners, and fecretaries of any chambers, or tribunals, for judging of differences that may arife in this branch of business; fince they ought all to be men strictly impartial: nor in any country, whatfoever, except England, are brokers permitted to infure.

• Notwithstanding all ancient, and fome modern ordinances relating to infurance, enjoin the infured, in explicit terms, to run part of the rifque themselves; nay, in fome cafes, that are likely to give occafion to fraud, forbid infuring at all; yet fuch injunctions and prohibitions are commonly evaded, and feldom long complied with: the custom of overlooking or difpenfing with the difpofition of the law in those respects has crept in every where.

Infurances promote and fupport trade and navigation, as thereby the rifques of diligent, induftrious, and inventive perfons, are fo leffened, that they may engage even in important undertakings: it is cafily understood how the public is benefited hereby and by taking fuch precautions, as making infurance, a greater share of confidence is acquired amongst individuals :-hut, as the best inftitutions are fubject to abuse, certain bounds and regulations are neceffary, which, whilft they give fuch latitude as may promote and encourage trade, ought not to be fo extremely wide as that ill confequences may enfue. That this confideration should be attended to in enacting all laws and ordinances relating to infurances, is not to be controverted; nor that it should also be had in view, in the explanation and application of thofe laws to particular cafes.

The learning relating to marine infurances hath of late years. been greatly improved by a series of judicial decifions, which have now established the law in fuch a variety of cafes, that (if well and judicioufly collected) they would form a very complete title in a code of commercial jurifprudence: but, being founded on equitable principles, which chiefly refult from the special circumftances of the cafe, it is not eafy to reduce them to any general heads in mere elementary institutes: thus much may however be faid; that, being contracts, the very effence of which confifts in obferving the pureft good faith and integrity, they are vacated by any the leaft fhadow of fraud or undue concealment : and, on the other hand, being much for the benefit and extenfion of trade, by distributing the lofs or gain among a number of adventurers, they are greatly encouraged and protected both by common law and acts of parliament.-2 Black. Comm. 451,

• For

For a more comprehenfive view of this fubject, the nature of divers commercial, inaritime, and other matters which have affinity therewith, inuft alfo be well understood; and indeed, the fenfe of the marine law, as well as the established customs and ufages of traders, as they concern owners, freighters, mafters of fhips, mariners, &c.-for there is frequently fo neceffary a dependency and connection between all thefe matters, and fuch an involution of circumstances, that the evidence, in regard to cafes of infurance, cannot be come at, nor a right judgment made, without taking many, and fometimes, perhaps, all of these things into due confideration.

'It is notorious to all the mercantile world that, as the English infurers pay more readily and generously than any others, most infurances are done in England: we infure at lower rates than other nations, because we have more business of this kind, and the finalluefs of our profit is compenfated by the frequency; the cheapness of infurance, and the eagerness of foreigners to infure here, reciprocally contribute to each other: we are often applied to, because we infure at an easy rate; and we can insure at an eafy rate, because we are often applied to.

In Holland, France, Sweden, and moft other countries, they may not infure the property of enemies.'

The remark with which this quotation concludes, naturally fuggefts the notice of that important controverfy, Whether it be right, advantageous, or even legal, to infure an enemy's fhips, or merchandifes, in time of war or hoftilities?' Mr. Welkett prefents us with an abstract of all the arguments which have been urged for and against the practice, and alfo makes feveral interesting obfervations on this important subject.

This work has been compiled with great care and induftry, by one who is evidently a master of the fubject.-It abounds with proofs of extenfive reading, as well as of mature reflexion, and judicious remarks; and if the completest. fyftem of infurance, that has hitherto been compofed, be entitled to praise, the prefent useful Digest must meet with the approbation of the commercial world.

Cui Bono? Or, an Inquiry, what Benefits can arise either to the English or the Americans, the French, Spaniards, or Dutch, from the greatest Victories, or Succeffes, in the prefent War. Being a Series of Letters addreffed to M. Necker, late Controllergeneral of the Finances in France. By Jofiah Tucker, D. D. 800. 25. Cadell.

SINCE

INCE the commencement of the prefent dispute with America, this ingenious author has often attempted to convince the nation, that the profecution of the war was repugnant to its interefts; and that Britain ought, in good policy,