Societies like these, established at a period when

“The good old rule, the simple plan,

That they should take who have the power,

And they should keep who can,”

was almost the law of the land, cannot fail to surprise those who

believe that the past was an age of barbarism, and the present the

culminating point of civilisation. It is certainly a curious truth,

that that combination which has been esteemed a peculiar feature of

modern times, had its antetype in societies framed when commerce and

law were yet in their infancy.

Of the rise of assurance generally in Europe the information is limited

enough. Malynes and Anderson say it was known about the year 1200,

and refer to the marine laws of the isle of Oleron; but a perusal

of these has satisfied later writers that the theory was too hastily

adopted, and that the earliest ordinance on the subject with which we

are acquainted is that of the magistrates of Barcelona, in 1523, to

which city must be attributed the honour, until some authentic evidence

to the contrary has been produced; and we must not omit to notice,

also, that a writer on the “Us et Coutumes de la Mer” says assurance

was long detested by the Christians, “being classed by them with the

unpardonable sin of taking interest.”

The first English statute relating to marine assurance was passed in

1601. The earliest mention of it occurs in 1548, in a letter written

by the Protector Somerset to his brother the Lord Admiral, and that

it was commonly known in 1558 may be gathered from a speech of the

Lord Keeper Bacon. In the act alluded to above, “An Act concerning

Matters of Assurances among Merchants,” it is stated, that “it hath

been time out of mind an usage among merchants, both of this realm and

of foreign nations, when they make any great adventure, specially into

remote parts, to give some consideration of money to other persons,

to have from them assurance made of their goods, merchandises, ships,

and things adventured, or some parts thereof, at such rates and in

such sort as the parties assurers and the parties assured can agree;

which course of dealing is commonly called a policy of assurance, by

means of which policies of assurance it cometh to pass, upon the loss

or perishing of any ship, there followeth not the loss or undoing of

any man, but the loss lighteth rather easily upon many than heavily

upon few, and rather upon them that adventure not than on those that do

adventure.”

If mercantile or marine assurance were so common, it is difficult to

imagine that some approximation to life assurance, however imperfect

or normal it might be, was entirely unpractised. It must necessarily

have occurred to the captain of a trading vessel, that the storm or the

whirlwind, which might send his merchandise to the bottom of the sea,

might also send himself with it; and the thought that, if his goods

were worth insuring for the benefit of the owners, his own life was

worth insuring for the benefit of his family, arose naturally from the

risks he ran. And in those days there was not merely a risk of storm

or whirlwind. Man was more cruel than the tempest; and the galleys of

the Turks were then as much feared, by the masters of trading vessels,

as the corsairs of the Algerine were dreaded at a later period. They

roved the seas as if they were its masters; they took the vessels,

disposed of the cargo in the nearest market, and sold the navigators

like cattle. The only way of mitigating this terrible calamity was by

some mode of insurance, to procure their rescue if taken; and we find

that to attain so desirable a result they paid a certain premium to

their merchant freighters, who, in return, bound themselves to pay a

sufficient sum to secure the navigators’ freedom within fifteen days

after the certificate of their captivity, the ordinary days of grace

being lessened on such policies.

In those days, also, when crusades were common, and men undertook

pilgrimages from impulse as much as from religion, it was desirable

that the palmer should perform his vow with safety, if not with

comfort. The chief danger of his journey was captivity. The ballads of

the fifteenth century are full of stories which tell of pilgrims taken

prisoners, and of emirs’ daughters releasing them; but as the release

by Saracen ladies was more in romance than in reality, and could not be

calculated on with precision, a personal insurance was entered into,

by which, in consideration of a certain payment, the assurer agreed

to ransom the traveller, and thus the palmer performed his pilgrimage

as secure from a long captivity as money could make him. It is true,

that this care for his personal safety may detract somewhat from a high

religious feeling; but truth is sadly at variance with sentiment, and

the pilgrims of the crusading period were but too glad to lessen the

chances against them.

Another mode of assurance was commonly practised, by which any

traveller departing on a long or dangerous voyage deposited a specific

amount in the hands of a money broker, on condition that if he returned

he should receive double or treble the amount he had paid; but, in the

event of his not returning, the money broker was to keep the deposit,

which was in truth a premium under another name.

In 1643 Captain John Bulmer published, “Propositions in the Office of

Assurance, London, for the blowing up of a boat and a man over London

Bridge.” Nor was this an unusual mode of conducting an enterprise

which was at once ingenious and costly, and which required an union

of capital to support it. In the address above alluded to, Bulmer, an

unsuccessful engineer, pledged himself to perform his promise within

a month after intimating from the office that he was ready; “viz. so

soon as the undertakers wagering against him, six for one, should have

deposited enough to pay the expenses of boat and engine,” he also

subscribing his own proportion. The money was not to be paid until the

Captain had performed his contract, when he was to receive it all. If,

however, he should fail, it was to be repaid to the subscribers. “And

all those that will bring their money into the office shall there be

assured of their loss or gain, according to the conditions above named.”

These facts are an evidence that the principle of assurance was making

way, and that men endeavoured to provide against the chances or

mischances of life, to the best of their ability. Thus, any seafaring

person proceeding on a voyage, could insure his life for the benefit

of his heirs; and if the information which has come down to us limits

the practice to this particular class, it was because seamen were the

chief visitors to foreign countries, and for them some such plan was

essentially a necessity.

But there was a further and more remarkable fact in operation; as an

annuitant enjoying a life-rent or pension could make an insurance on

his life, by way of provision for his family. These, however, were only

exceptional cases, for which the premiums were probably distressingly

heavy; if we may judge from the fact, that a century later the life

of a healthy man, of any age, was estimated at only seven years’

purchase. The great merchants of that day were chiefly responsible

for such assurances, and many of the corporations engaged in these

and similar adventures. The following will show that by 1569 the

provident societies of the present day were anticipated. The writer is

illustrating his opinion on usury.

“A merchant lendeth to a corporation or company 100_l._, which

corporation hath by statute a grant, ‘that whosoever lendeth such a

sum of money, and hath a child of one year, shall have for his child,

if the same child do live till he be full 15 years of age, 500_l._ of

money; but if the child die before that time, the father to lose his

principal for ever.’ Whether is this merchant an usurer or not? The

law says, if I lend purposely for gain, notwithstanding the peril or

hazard, I am an usurer.”

Again: “A corporation taketh 100_l._ of a man, to give him 8_l._ in the

100_l._ during his life without restitution of the principal. It is

no usury, for that here is no lending, but a sale for ever of so much

rent for so much money. Likewise, if a private man have 1000_l._ lying

by him, and demandeth for his life and his wife’s life 100_l._ by the

year, and never to demand the principal, it is a bargain of sale and no

usury.”

But though these things are evidences of something closely akin to

the principles of life assurance, it is certain that no system existed

by which so happy a result could be habitually attained. The state of

society was opposed to it. Life was then scarce “worth a pin’s fee.”

The noble was at the mercy of his own fierce passions, and, if not

engaged in some intestine warfare, was crossing and recrossing seas,

was making or unmaking kings. The knight sought dangerous adventures

with an avidity which would place his life on the trebly hazardous list

of assurance-offices, and pale the roses on the cheeks of directors.

The citizen, again, was constantly embroiled in quarrels with which

he had no business, and merchants would have looked doubtfully on any

proposal to accept a life which was likely enough to end the day after

its assurance.

In addition to these chances, there was the liability to “plague,

pestilence, and famine.” The black pest, the sweating sickness, the

small-pox, are names to conjure up frightful images. Nothing is now

certainly known of the numbers which these diseases swept away in our

early history, but the rapidity with which whole families disappeared

tended to exaggerate the feeling of insecurity. It seems, therefore,

almost impossible to suppose that any plan of life assurance could

have existed during these ages, when there were no documents to

give the number of deaths, and no laws to determine the value of

life. But if assurances were rare, we have constant evidence that

annuities were familiar enough. The State employed them for its wants;

scriveners employed them for the necessities of their clients; Pole and

Whittington, Canning and Gresham, invested their mercantile gains in

them; the usurer made his money breed by granting them in many forms

and on various securities; and although to arrive at a just system

of annuities was as difficult as a just system of assurance, yet the

usurer took as much care in the one case to secure his own interest, as

he would in the other had it been an operation into which he chose to

enter.

The sixteenth century gave birth to one of these men, who, before

life assurance was understood, exercised great genius in granting

and receiving annuities. The name of Audley is one of the earliest

we possess in this line: he was originally a lawyer’s clerk, with a

salary of 6_s._ a week; but his talent for saving was so well supported

by his self-privation, that he lived upon half, keeping the other

half as the superstructure of his future fortune. He was so great an

adept in the tricks of law, that he was soon enabled to purchase his

apprenticeship; and, with the first 600_l._ he had saved, bought of a

nobleman an annuity of 96_l._ for nineteen years. The nobleman died;

his heir neglected to pay the annuity, and Audley made him suffer for

his neglect to the tune of 5000_l._ in fines and forfeitures.

The usurer soon found money trading better than law writing. He became

a procurer of bail; he compounded debts; he enticed easy landowners

into granting well-secured annuities; he encouraged their extravagance,

and, under pretence of ministering to their wants, became possessed of

many a fine estate. The following story will illustrate his craft:--In

the early part of his career, a draper of mean repute was arrested

by his merchant for 200_l._ Audley bought the debt of the latter for

40_l._, and was immediately offered an advance on his bargain by the

fraudulent tradesman. Audley refused the terms; and when the draper

pressed, as if struck by a sudden whim, he consented to discharge

the debt, if his creditor would sign a formal contract to pay within

twenty years from that time one penny, to be progressively doubled on

the first day of twenty consecutive months, under a penalty of 500_l._

The terms seemed easy, and the draper consented. The knave was one of

those who “grow rich by breaking.” But here Audley had him in his net.

Year after year he watched his prey; he saw him increase in wealth,

and then made his first demand for one penny. As month succeeded month

he continued his claim, progressively doubling the amount, until the

draper took the alarm, used his pen, found that to carry out his

agreement would cost him more than 4000_l._, and, to avoid it, paid the

penalty of 500_l._; his only revenge being to abuse Audley as a usurer,

probably anticipating the wish of Jaffier, that he could “kill with

cursing.”

Audley, like many of our own day, was equally ready to lend money to

the gay gallants of the town on annuities, as he was to receive it from

the thrifty poor who took, on “the security of the great Audley,” the

savings of their youth to secure an annuity for their age. But needy as

the youngsters of that day might be, the usurer was as willing as they

were needy. He lent them, however, with grave remonstrances on their

extravagance, and took the cash they paid him, with an air of paternal

regret.

His money bred. He formed temporary partnerships with the stewards of

country gentlemen, and, having by the aid of the former gulled the

latter, finished by cheating the associates who had assisted him to his

prey. The annuity-monger was also a philosopher. He never pressed for

his debts when he knew they were safe. When one of his victims asked

where his conscience was, he replied, “We monied people must balance

accounts. If you don’t pay me my annuity, you cheat me; if you do, I

cheat you.” He said his deeds were his children, which nourished best

by sleeping.

His word was his bond; his hour was punctual; his opinions were

compressed and sound. In his time he was called the great Audley; and

though the Fathers of the Church proclaimed the sin of usury to be the

original sin, Audley smiled at their assertions and went on his way

rejoicing. As his wealth increased he purchased an office in the Court

of Wards; and the entire fortunes of the wards of Chancery being under

his control and that of the other officers of the court, it may be

supposed that Audley’s annuity-jobbing increased. When he quarrelled

with one who disputed the payment of an annuity, and who, to prove his

resisting power, showed and shook his money-bags, Audley sarcastically

asked “whether they had any bottom?” The exulting possessor answered in

the affirmative. “In that case,” replied Audley, “I care not; for in

my office I have a constant spring.” Here he pounced on incumbrances

which lay on estates; he prowled about to discover the cravings of

their owners, which he did to such purpose that, when asked what was

the value of his office, he replied, “Some thousands of pounds to any

one who wishes to get to heaven immediately; twice as much to him who

does not mind being in purgatory; and nobody knows what to him who will

adventure to go to hell.” Charity forbids us to guess to which of these

places Audley went. He did not long survive the extinction of the Court

of Wards, and died “receiving the curses of the living for his rapine,

while the stranger who had grasped the million he had raked together

owed him no gratitude at his death.”

It must have been the widow of some such shrewd assurer who dared

the dangers of Chancery in 1682, and endeavoured to file a bill, the

purport of which was to compel 500 individuals to declare the amounts

they owed her husband, who is designated as “a kind of insurer.” The

boldness of this woman in attacking 500 persons attracted attention;

and the alarm which must have possessed her creditors was no doubt

heightened by the fact that 60 skins of vellum and 3000 sheets of paper

composed the bill, and that each would be compelled to have a copy,

provided the plaintiff were successful. Not only, however, did Lord

Chancellor North, “amazed at the effrontery of the woman,” dismiss the

bill on the ground of the enormous expense which each defendant would

incur, but he directed the plaintiff’s counsel to refund his charges

and to “take his labour for his pains.”

Annals, Anecdotes and Legends: A Chronicle of Life Assurance · 第 30 / 103 题