FOOTNOTES

[684] “As the Turks are unacquainted with insurance, they do not lend

money but at the rate of fifteen or twenty per cent. But when they lend

to merchants who trade by sea, they charge thirty per cent.”--Remarques

d’un Voyageur Moderne au Lévant. Amst. 1773, 8vo.

[685] De Jure Naturæ et Gentium.

[686] Droit de la Nature.

[687] De Jure Maritimo. Holmiæ, 1650.

[688] Collegium Grotianum, Francof. 1722, 4to.

[689] Lib. xxiii. cap. 44.

[690] Lib. xxv. cap. 3.

[691] Lib. v. cap. 18. Langenbec, in his Anmerkungen über das

Hamburgische Schiff-und-Seerecht, p. 370, is of opinion that no traces

of insurance are to be found either in Livy or Suetonius.

[692] Epist. ad Famil. ii. ep. 17.

[693] Ayreri Diatribe de Cambialis Instituti Vestigiis apud Romanos,

added to Uhle’s edition of Heineccii Elementa Juris Cambialis.

[694] De Jure Maritimo et Nautico. Gryphis. 1652.

[695] Lex Mercatoria, or the Ancient Law-Merchant, by Gerard Malynes.

London, 1656, fol. p. 105.

[696] Seldeni Mare Clausum. Lond. 1636, p. 428.

[697] Bourdeaux, 1661, 4to.

[698] Auszug der Historie des Allgemeinen und Preussischen See-rechts.

Konigsberg, 1747, 4to, p. 32.

[699] De Jure Mercatorum et Commerciorum.

[700] Entitled, ’T boek der Zee-rechten. Amst. 1664, 4to.

[701] The title runs thus: Il consolato del mare, nei quale si

comprendono tutti gli statuti et ordini, disposti da gli antichi per

ogni cosa di mercantia et di navigare. Leyden, 1704, 4to.

[702] In that old treatise, Le Guidon, inserted in Cleirac, it

is remarked, chap. i. art. i. that in old times insurances were

made without any writings: they were then called _Assecurances en

confiance_; Confidential insurances.

[M‘Culloch, in his Dictionary of Commerce, art. _Insurance_, observes

respecting this passage, that “Beckmann seems to have thought that the

practice of insurance originated in Italy, in the latter part of the

fifteenth or the early part of the sixteenth century. But the learned

Spanish antiquary, Don Antonio de Capmany, has given, in his very

valuable publication on the History and Commerce of Barcelona (Memorias

Historicas sobre la Marina, &c., de Barcelona, t. ii. p. 383), an

ordinance relative to insurance, issued by the magistrates of that city

in 1435; whereas the earliest Italian law on the subject is nearly a

century later, being dated in 1523. It is however exceedingly unlikely,

had insurance been as early practised in Italy as in Catalonia, that

the former should have been so much behind the latter in subjecting it

to any fixed rules; and it is still more unlikely that the practice

should have escaped, as is the case, all mention by any previous

Italian writer. We therefore agree entirely in Capmany’s opinion, that

until some authentic evidence to the contrary be produced, Barcelona

should be regarded as the birth-place of this most useful and beautiful

application of the doctrine of chances.” Had M‘Culloch consulted the

treatise on Bills of Exchange, given in a subsequent part of the work

(vol. iii. p. 430), he would have found that Beckmann, in noticing the

curious memoirs of Capmany, with which he had _then_ become acquainted,

distinctly mentions “An ordinance of the year 1458 respecting

insurance, which required that underwriting should be done in the

presence of a notary, and declared _polices o scriptores privades_ to

be null and void.”]

[703] Versuche über Assecuranzen, etc. Hamb. 1753, 4to.

[704] I found nothing on the subject, either in Delia decima--e della

Mercatura de’ Fiorentini, fino al secolo xvi. Lisbona e Lucca, 1765,

1766, 4 vols. 4to, which contains a variety of useful information

respecting the history of the Florentine trade, or in Mecatti, Storia

Chronologica della città di Firenze. In Napoli 1775, 2 vols. 4to.

[705] Stracchæ aliorumque Jurisconsultorum de Cambiis, Sponsionibus,

&c., Decisiones. Amst. 1669, fol. p. 24.

[706] It may be found in Ordonantien ende Placcaeten ghepubliceert

Vlaenderen. Antwerp, 1662, fol. i. p. 360.

[707] Ordonantien ende Placcaeten, ii. p. 307. Groote Placaet-boeck der

Ver. Nederlanden, i. p. 796. Magens, p. 397.

[708] Ordonantien ende Placcaeten, ut supra, p. 335. Groote

Placaet-boeck, i. p. 828, and in the additions, ii. p. 2116.

[709] The changes which this institution afterwards underwent, with

an extract from its regulations, may be seen in La Richesse de la

Hollande. Lond. 1778, 4to, i. p. 81.

[710] [The marine insurers are called in this country _under-writers_,

because they write their names under the policy. Under the authority

of statute 6 George I. cap. 18, two corporate bodies, called the

_Royal Exchange Assurance Company_ and the _London Assurance Company_,

were chartered by the crown. There are at present seven marine

insurance companies in London:--the two old chartered companies

above-mentioned; two established immediately upon the passing of the

act of the year 1824, the _Alliance_ and the _Indemnity Mutual_; the

_Marine_, established in 1836; and the _General Marine_ and _Neptune_,

established in 1839.]

[711] Dictionary of Commerce.

[712] Krunitz, Oekonomische Encyclopedie, xiii. p. 221; where an

account may be found of other companies.

[713] Winkelmanns Oldenburgischen Friedens- und der benachbarten Oerter

Kriegshandlungen. 1671 fol. p. 67.

[714] [The publisher of the present volumes pays upwards of £200 per

annum for insurance on his stock in trade, and therefore feels strongly

the force of this observation.--H. G. B.]

[715] Life insurances have been forbidden by the laws of France and of

many other foreign states, as being of a gambling nature, and opening

the door to a variety of abuses and frauds.

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