us, that a private consideration also had some weight with Claudius upon this occasion; for that once, in a great scarcity of provisions, he was attacked in the forum by the populace, and so disagreeably treated with abuse, and crusts of stale bread, that he with great difficulty escaped through some private passage; from which time he made it his great care and concern to get corn imported, even in the winter. As to the risk which Suetonius says the emperor took upon himself, it is to be observed, that although the ships were private property, yet they would not have gone to sea in the dangerous season they did, had it not been for the public service, and to provide provisions for the use of the whole city. This being the case, we have already shewn, that it would be contrary to the first principles of justice and equity, and to the practice followed at this day by all governments which are founded on just principles, to allow such losses to fall upon individuals. (a) From what has been said it appears evident, that the Romans had no knowledge of insurances; in addition to which both Grotius and Bynkershoek have expressly declared, that among the ancients this contract was unknown; Bynk. the latter of whom uses these expressions: "Adeo quæst. Juris "tamen ille contractus olim fuit incognitus, ut nec cap. 21. nomen ejus, nec rem ipsam in jure Romano depre"hendas." (b)

But

(a) The observations here made seem, upon examination, to be agreeable to the ideas of Dr. Taylor, the president Montesquieu, and Mr. Schomberg, upon the same subject. See also the opinion of a learned civilian, Langenbeck of Hamburg, in Magen's Essay on Insurances. Vol. i. p. 1.

(b) By a late work of M. De Pauw, intitled, Recherches Philosophiques sur les Grecs, it is manifest that the Athenians were well acquainted with the nature of bills of exchange; and this learned foreigner seems to think it a matter of uncertainty whether the insurance of ships was ever practised among them: but he says it is

b 2

clear

Grotius de

Jure Belli,

lib. 2. c. 12.

S. 3.

Publici,lib.I.

Hume.

But to whatever degree of excellence the Romans attained either in literature, commerce, or any of the refined arts, they all visibly declined when the Roman empire was overrun by the barbarians; or, perhaps it may be said with greater propriety, that they were overwhelmed and lost with that power which had raised them to be the object of public attention and notice. For in times of public ruin and desolation, when war rears its standard, lays waste cities, and tramples on the noblest improvements, it is impossible for commerce to hold its station, or to flourish in the midst of contention and tumult.

It is the observation of a profound modern historian, that there is an ultimate point of depression, as well as of exaltation, from which human affairs naturally return in a contrary progress, and beyond which they seldom pass in their advancement or decline. This was the case with respect to commerce. When the repeated incursions of the Barbarians had ravaged the Roman empire, and had checked every liberal improvement, some people forced by necessity, or led by inclination, took shelter in a few marshy islands

clear that barratry was not unknown to them. I am inclined, however, to think with Grotius and Bynkershoek, that this contract was as much unknown to that great people as to the rest of the ancient world. If this had not been the case, can it be supposed that we should find no trace of it in their history, the speeches of their orators, or their laws? Is it not as likely to have been mentioned, as bills of exchange; and particularly when barratry was mentioned, if this contract had had an existence, would it not have been stated on whom the loss was to fall? Besides, the instance given of barratry by M. De Pauw is not what we call barratry in England: for the case put is a case of fraud committed by the owners, who, by the law of England, cannot commit barratry, which is a criminal act of the captain, to the prejudice of his owners, and without their privity or consent.

that

History of

P. 19, 20.

that lay near the coast of Italy, and which would never have been thought worth inhabiting in time of peace. This happened in the sixth century; and at the first settling of these wanderers, they had certainly no other object in view, than that of living in a tolerable degree of security from their enemies, and of procuring a moderate subsistence. As these islands were divided from each other by narrow channels, and those channels were so encumbered by shallows, that it was impossible for strangers to navigate them, Anderson's they found that security which they wished; and by Commerce, uniting among themselves for the sake of improving their condition, they became in the eighth century a well established republic. This, though it may ap pear strange, was the origin of the famous republic of Venice, which soon became a great commercial power; for, from the first moment that those people took possession of the islands, necessity made them extremely attentive to commerce; the first beginning of which was naturally fishing. Next to fishing, they began to trade in salt, many pits of which were discovered in their own islands; and at last their city gradually became the magazine for the merchandize of the neighbouring continent on all sides, and they themselves the general carriers of Europe. Thus to the people of Italy, and to those of Venice and Genoa in particular, we are to attribute the re-establishment of commerce. Of the causes which contributed to its revival, it remains to speak.

Various causes concurred to revive the spirit of commerce, and to renew, in some degree, that intercourse between nations, which during the period of Gothic ignorance and barbarity, had been much interrupted. The religious wars of the eleventh century, called the Crusades, by leading many from every part

View of

of Europe into Asia, opened an extensive communication between the East and West; and though the avowed purpose of these expeditions was conquest, and not commerce; though the issue of them proved as unfortunate, as the motives for undertaking them were wild and enthusiastic, yet their commercial effects were beneficial and lasting. For the first armies, which ranged themselves under the banner of the Cross, having been led through a vast extent of country, and having suffered so much from the length of their march, and the barbarism and inhospitality of the people inhabiting those countries through which they travelled, others were deterred from taking the same course, and chose rather to go by sea, than enRobertson's counter so many hardships. Venice, Genoa, and Pisa, Society, &c. furnished the transports to convey the troops and it is reported, that the sums were immense which they received merely for freight. Besides this, the Crusaders contracted with them for supplies of military stores and provisions; their fleets hovered on the coast; and by supplying the army with whatever was wanting, they engrossed all the advantages arising from this branch of commerce. These states were also benefited by the success which attended the arms of these religious and enthusiastic heroes ; for there are charters yet extant, containing grants to the Venetians, Pisans, and Genoese, of great privileges in the various settlements which the Christains had gained in Asia. When the Crusaders seized Constantinople, the Venetians, who had planned the enterprize, transferred to their own state many of the valuable branches of commerce, which had formerly centered in Constantinople. Another great cause of the revival of commerce, was the invention of the Mariner's Compass, which, by rendering navigation more secure as well as more adventurous, facilitated the commu

nications

Traité du

des Auciens,

cap, 10.

Hist. of

nications between remote nations, and brought them nearer to each other. The honour of this invention, Huết so beneficial to mankind, has been claimed by the Commerce French; and their claim has been allowed by several authors, and maintained by a celebrated writer of Anders. their own. In this opinion perhaps national partiality Commerce, may have some weight. Most authors, however, vol. 1. p. agree that the inventor was Flavio de Gioia, a native of Amalfi, an ancient commercial city in the kingdom of Naples. (a)

It is evident, that almost all the commerce of Europe, in those days, centered amongst the Italians. As they at that time carried on and established a regular trade with the East in the ports of Egypt, and drew from thence all the rich produce of India; it is reasonable to suppose, that in order to support so extensive a commerce, these industrious and ingenious people were the first who introduced insurances into the system of mercantile affairs. It is true, there is no direct authority to warrant a positive assertion, that they were the inventors of this kind of contract: but it is certain, that the knowledge of it came with them into the different maritime states, in which parties of them settled: and when it is admitted that they were the carriers, manufacturers, and bankers of Europe, it is probable that they also led the way to the establishment of a contract, which is so essentially necessary to the support and cultivation of commerce. It has, however, been asserted by writers of the French na

fol. edit.

fol. edit. P. 7.

(a) It appears from Anderson, that some people had supposed Anderson's that the conquests of Charlemagne in Italy, towards the end of the Introd. 8th century, and his subsequent establishment of Christianity in the western and northern parts of Germany, contributed greatly to the revival of commerce. In what I have said upon this subject, I chose rather to follow the steps of a very elegant and profound historian of modern times. Robertson's View of Society, &c. b 4

tion,