Active and Retired Life, Brown's Epiftles to Lord Lonsdale, on Honour,-Hor. Walpole's Lines from Florence,-Dalton's Epiftle to Lord Beauchamp,-Nugent's ditto to Lord Cornbury, with feveral other pieces by the fame ingenious writer. Befide the above, we have Poems by Mr. Ed. Rolle, Paul Whitehead, Lord Hervey, Lord Melcombe, Dr. Sneyd Davies, Dr. T. Taylor, and a fmall poetic epiftle from the K. of Pruffia to Voltaire, with a tranflation by our old friend Gil. Cooper.

Vol. II. which contains the Epifles Familiar and Humorous, affords us Soame Jenyns to Lord Lovelace,-Lady Mary W. Montague to Lord Bathurft,-Dr. Dalton to the Counters of Hertford,-Green's famous Poem on the Spleen; and many fmaller pieces by Lords Melcombe and Chesterfield, Mr. Ifaac Hawkins Brown, Mr. Keate, Drs. Hoadley, Lifle, &c. &c.

In Vol. III. [Epiftles Critical and Didactic] we have Parnel on the Different Styles of Poetry,-Whitehead's Danger of Writing Verfe, Dalacourt's Profpect of Poetry,-Lord Melcombe to Mr. R. Bentley,-Webfter's Epiftle to Addifon on the Stage, -Lloyd's Actor,-and Hor. Walpole's Beauties;' with other pieces, by Meff. Rolle, Harte, Spence, &c. &c.

To each volume, the editor has added, by way of appendix, notes, anecdotes, and remarks critical and explanatory, relative to the feveral poems and their authors; which additions cannot fail of proving very acceptable to many readers, especially to those who are not poffeffed of the modern biographical collections.

ARREAR ACCOUNT OF LAW-Books, No. II.

(See Rev. March, p. 245.)

ART. XV. A System of Law of Marine Infurances; with three Chapters on Bottomry, on Infurances on Lives, and on Infurances against Fire. By James Allan Park, Efq. of Lincoln's Inn, Barrifter at Law. 8vo. 640 Pages. 10s. 6d. Boards. Whieldon. 1787.

In Black to thien in and

N the preface to this work, the author cites a paffage from Blackstone's Commentaries, in which that elegant and judicious writer obferves, that "the learning relating to marine infurances has, of late years, been greatly improved by a feries of judicial decifions, which have now eftablished the law in fuch a variety of cafes, that (if well and judiciously collected) they would form a very complete title in a code of commercial jurifprudence." Urged by thefe motives, Mr. Park informs us, he was induced to undertake the work which he now prefents to the public.

His introductory difcourfe contains a fuccinct, but pointed, hiftorical deduction of the practice and law of infurance, which he defines to be a contract by which the infuror undertakes, in confideration of a premium equivalent to the hazard run, to indemnify the perfon infured, againft perils or loffes, or againft fome particular event.' He obferves, that the utility of this fpecies of contract is obvious, as it gives fecurity to the fortunes of private people; and, by dividing among many that lofs which would ruin an individual, makes it fall eafy and light on the whole fociety. He inquires into the origin of it; and, after difcuffing, at fome length, the facts which are generally adduced to prove that the law of infurance obtained a place in most of the ancient codes of jurifprudence, he, concludes, that infurances were in those days wholly unknown; or that, if they were known, the fmalleft proofs of the exiftence of fuch a custom have not come down to the prefent times; an opinion which, he fays, is exprefsly maintained both by Grotius and Bynkershoek. He fuppofes the Lombards were the fift inventors of this kind of contract; and, he fays, it is agreed, that, if they were not the inventors, they were at leaft the firft who brought the contract of insurance to perfection, and who introduced it to the world.

He then adverts to the different maritime codes. In our Ixxivth vol. page 563, we noticed Mr. Schomberg's excellent treatise on the Maritime Laws of Rhodes. Of the Amalfitan Code, the Confolato del Mare, the Laws of Oleron, and the Laws of Wifbuy, Mr. Park gives the following account:

To the people of Amalfi, we are indebted, as well for the first code of modern fea-laws, as for the invention of the compafs. We learn from Anderson, that the city of Amalfi, fo long ago as the year 1020, was fo famous for its merchants and fhips, that its inhabitants at that time obtained from the caliph of Egypt, a fafe conduct to enable them to trade freely in all his dominions; and they alfo received from him feveral other diftinguifhed privileges. It was towards the clofe of that century, that they promulgated their fyftem of marine law, which, from the place of its compilation, received the denomination of Tabula Amalfitana: this table fuperfeded, in a great measure, the ancient Jus Rhodianum, and its authority was acknowledged by all the states of Italy for fome centuries. But as trade increased very rapidly in other cities on the coaft of the Mediterranean fea, they became unwilling to receive laws from a neighbouring itate, which they now equalled, if not furpaffed, in the extent of their naval establishments: every one, therefore, began to erect a tribunal, in order to decide all controverted points according to laws peculiar to itself; but still referring, in matters of higher moment, to the former rule of action, the Amalfitan code. From such a variety of

* See the opinion of M. de Pauw on this head, p. 630 of our last Appendix.

laws,

2

laws, as must neceffarily be the confequence of each of the Italian ftates becoming its own legiflator, fo much diforder and confufion arofe, that general convenience at laft compelled them to do that, which jealousy of each other's power and growing commerce would for ever have prevented them from effecting; and, at a general affembly, it was agreed to digeft the laws of all the feparate communities into one body. Every regulation, therefore, which was thought to be founded in justice, either in the laws of Marseilles, Pifa, Genoa, Venice, or Barcelona, was collected into one mafs, and published in the 14th century, under the title of Confolato del Mare:'it is a work of confiderable merit the decifions it contains are founded on the laws of nations; it has been received, and allowed to have the force of law, in every part of Italy; and it is the fource from whence the people of th t country, as well as thofe of Spain and France, have been faid to derive many of their beft marine regulations.

About the year 1194, Richard the Firft, king of England, on his return from his wild expedition to the Holy Land, having ftaid to repofe himself for fome time at the ifle of Oleron, in the Bay of Biscay, an ifland which he inherited in right of his mother, whofe portion it was in marriage with his father Henry the Second, gave orders for the compilation of a maritime code:'-the regulations made in pursuance of these orders are called the Laws of Oleron: they were fo much efteemed, that they have been the model on which all modern fealaws have been founded; and two diftinguished nations have contended for the honour of their production;-France, jealous of the luftre which the English justly derive from the production of this code, with much anxiety claims this honour to herself, and very diftinguished authors have ftood forth the champions of her claim; the fubftance of their arguments is, that Eleanor, wife of Henry II. king of England, and dutchess of Guyenne, returning from the Holy Land, and having feen the beneficial effects of the Confolato del Mare, ordered the firfl draughts of the judgments or laws of Oleron to be made; that her fon, Richard the First, returning from the fame expedition, enlarged and improved what his mother had begun; that they were certainly intended for the ufe of the French merely, because they are written in the old Gafcon French, without any mixture of the Norman or English languages; that they conftantly refer, for examples of voyages, to Bourdeaux, St. Malo, and other fea ports in France; never to the Thames, or to any port of England or Ireland; and that they were made by a duchefs and duke of Guyenne, for Guyenne, and not for their kingdom of England. One of thefe learned writers adds a reafon, which he thinks very conclufive, to prove that these laws were of French extraction, namely, that, from their firft appearance, their decifions have been treated with extreme refpect in the courts

of France.

But while we pay due refpect and veneration to those maritime regulations, which distinguished the Southern and Western parts of Europe, it would be improper filently to pafs over the laws, which were ordained by an industrious and refpectable body of people who inhabited the city of Wifbuy, famous for its commerce, and renowned on the shores of the Baltic. The merchants of this city carried on fo extenfive a trade, and gave themfelves up fo entirely to commerce,

that

that they muft doubtlefs have found a great inconvenience in having no maritime code, to which they could refer to decide their difputes. To fuch a cause we are probably indebted for thofe laws and marine ordinances which bear the name of Wibuy, which were received by the Swedes, at the time they were compofed, as a juft and equitable rule of action; and which were long refpected (and, for aught I know, are to this day obferved) by the Germans, Swedes, Danes, and by all the northern nations; although the city in which they received their origin has long dwindled into infignificancy and contempt.'

After this, the author judiciously observes, that it would be improper for him entirely to pafs over the French nation, the maritime ftrength of which has of late years confiderably increased; and whose writers, on commercial affairs, would reflect honour on any country. After ftating, fhortly, the fuccefsful labours of Colbert, to restore the navy and commerce of France, he fays; That minifter completed all his fervices, by the publication of that excellent body of fea-laws, known by the name of the ordinances of Lewis the XIVth, which comprehend every thing relating to naval or commercial jurifprudence; it had the good fortune to meet with an able commentator in Valin.' of all the fources from which modern French legiflators could derive the moft effential information, the famous treatife called "Le Guidon" was the chief: this tract was published by Cleirac, who pays a due compliment to its merits, in his work upon the ufages and cuftoms of the fea; and although in its ftyle it certainly favours of the ruft of antiquity, yet it contains the true principles of naval jurisprudence.' Mr. Park then notices, in terms of great commendation, the treatises on Infurance, of M. Pothier and M. Emerigon.

But

The most ancient case on Insurances, which the author has been able to difcover in our law, is of fo late a date as the 30th and 31ft of Elizabeth. The nature of the cafe clearly fhews, that this kind of contract could then have been but little known: but, in this reign, the legislature began to think the regulation of matters of affurance, an object worthy their moft serious attention. Mr. Park informs us, that, in the 43d year of this reign, a ftatute was paffed, the purpose of which was, to erect a particular court for the trial of caufes relative to the policies of insurance, in a Summary way; for which the ftatute ordained, that a commiffion fhould iffue yearly, directed to the judge of the admiralty, the recorder of London, two doctors of the civil law, two common lawyers, and eight merchants, empowering any five of them to hear and determine all fuch caufes arifing in London; and it also gave an appeal from their decifion, by way of bill, to the court of chancery: but the court fell into difufe.

This (fays Mr. Park) is, perhaps, one of the strongest arguments that can be adduced to prove, that fuch a judicature is not congenial

to the spirit and difpofition of Britons, nor well adapted for the purpofes of its inftitution. It is univerfally agreed by all writers upon jurifprudence, that nothing tends fo much to the elucidation of truth, and the detection of fraud, as the open viva voce examination of witneffes, in the prefence of all mankind, before judges who, from their knowledge of books and men, acquired by long ftudy and experience, are well qualified to difcriminate and decide between right and wrong; and before twelve upright citizens, who have an opportunity of obferving the appearance, countenance, inclination, and deportment, of thofe who are thus examined upon oath. Befides, the fubjects of thofe ftates which have eftablished thefe equitable tribunals, fenfible of the fuperior advantages of the English inftitution; feeling that, in great mercantile queftions, the greatest attention is paid to the eternal and immutable principles of reafon; and that all men, whether natives or foreigners, here meet with an equal meafure in the adminiftration of justice, fly to this country to make their contracts of infurance, that, in cafe of difpute, they may have the benefit of the laws. Did it fall within the compafs of this inquiry, I could relate many cafes, of the truth of which I have not the fmalleft reafon to doubt, which would ferve to fhew the idea entertained by foreigners of our mercantile jurifprudence, and the high repute and eftimation in which our judges are justly held by the European nations.'

After this very mafterly introduction, the work itself immediately follows. Under the article Illegal Voyages, the author difcuffes two very important queftions-the legality of trading with an enemy-and the legality of infuring an enemy's property, in time of actual war: the latter queftion is alfo difcuffed in the firft chapter of the work. The different arguments on these questions are ftated by Mr. Park, with force and perfpicuity; he concludes by obferving that

However impolitic the measure may be, general trading with an enemy, for the mutual benefit of both countries, feems by no means to have been declared to be contrary to law; and infurances of an enemy's property certainly are not; but infurances upon a voyage generally prohibited, fuch as to an enemy's garrifon, or upon a voyage directly contrary to an exprefs act of parliament, or to royal proclamation in time of war, are abfolutely null and void.'

We are forry that the limits of our work oblige us here to finish our review of this important and inftructive book. The paffages which we have cited from it will convince the reader of the judgment and perfpicuity with which it is written: in every part of it he will find equal marks of ability and industry; and, we make no doubt, but he will join with us in hoping, that, as the author has fo fuccefsfully begun, he will profecute his inquiry on commercial fubjects, till he has presented to the public that great defideratum of English law, a complete fyftem of commercial jurifprudence.

For fundry other Law-books, fee our Catalogue for the prefent month. Alfo the article next enfuing. But.

ART.