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EXTRACT from Marsden's " Admiralty Cases, 1648-1840" pp. 267 and 268.1

Policy of Insurance

THE following policy of insurance on the cargo of the Maria, dated 29th June 1692, is taken from the Admiralty Assignation Book labelled 337

In the name of God. Amen.

Peter Joy of London, merchant, as well in his own name as for and in the name and names of all and every other person or persons to whom the same doth may or shall appertain in part or in all doth make assurance and causeth himself and them and every of them to be insured lost or not lost from Stockholm to London, upon any kind of goods and merchandizes whatsoever loaden or to be loaden aboard the good ship called the Maria, burden . . . tuns or thereabouts, whereof

is master under God for this present voyage Bary master or whosoever else shall go for master in the said ship, or by whatsoever other name or names the said ship or the master thereof is or shall be named or called: beginning the adventure upon the said goods and merchandizes from and immediately following the lading thereof aboard the said ship at Stockholme, and so shall continue and endure untill the said ship with the said goods and merchandizes whatsoever shall be arrived at London and the same there safely landed. And it shall be lawful for the said ship in this voyage to stop and stay at any ports and places between Stockholme and London, without prejudice to this insurance. The said goods and merchandizes by agreement are and shall be valued at . . sterling without farther accompt to be given by the Assureds for the same. Touching the adventures and perils which the Assurers are contented to bear and do take upon us in this voyage they are of the seas, men-of-war, fire, enemies, pirats, rovers, thieves, jettesones, letters of mart and countermart, surprizals, takeings at sea, arrests, restraints and detainments of all kings, princes, and people of what nation, condition or quality whatsoever, barratry of the master and mariners, and of all perils, losses, and misfortunes that have or shall come to the hurt, detriment, or damage of the said goods and merchandize or any part thereof; and in case of any loss or misfortune it shall be lawful to the assured. . . factors servants and assigns to sue labour and travel for in and about the defence safeguard and recovery of the said goods and merchandizes or any part thereof without prejudice to this insurance, to the charges

1 Reproduced with the permission of the publishers, Messrs. Wm. Clowes and Sons, Ltd., London, E.C.

whereof we the assurers will contribute each one according to the rate and quantity of his sum herein assured. And it is agreed by us the insurers that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street or elsewhere in London. And so we the assurers are contented and do hereby promise and bind ourselves each one for his own part, our heirs, executors and goods to the assured. . executors, administrators, and assigns for the true performance of the premises, confessing ourselves paid the consideration due unto us for this assurance by Ditto Joy after the rate of three pounds per cent.

In witness whereof, we the assurers have subscribed our names and sums assured in London.

Memorandum.-The assurers do hereby covenant, promise and oblidge themselves, their heirs, executors, and goods in case of loss happening (which God forbid) to satisfie and pay their severall sums of money herein assured, upon the abatement only of ten pounds per cent and no more, provided always that they pay their respective sums of money by them assured according to subscription within one month after . . . otherwise no abatement whatsoever to be made, but to pay their full sums according to each man's subscriptions, any use or custom to the contrary notwithstanding. Written the day above said:

I, John Berry, am content with this assurance which God £100 preserve for one hundred pounds this 29th June, 1692, præmio recd.

(Here follow eleven other signatures, for £700 in all.)1

1 Mr. Marsden has been so good as to inform me that in the records of the Admiralty Court he has discovered an English policy of 6 Decr. 1557 issued in London, covering the hull and the cargo of the Ele from Velis Maligo to Antwerp and twenty-four hours after arrival. Of the eleven names of underwriters only two are foreign and those are Italian. He has also found a policy in Italian, dated London, 20 Septr. 1547, the signatures and declarations of acceptance of risk at the end being in English. The risk in this case is on the ship Santa Maria de Venetia from the port or bay of Cadiz to London. A French policy which he has found, dated London, 8 Jan. 1565, seems to cover three French ships and cargoes from Havre to Sagres; of these, two were destroyed by the Portuguese and the remaining one was damaged by collision on her return to Havre: to this policy there are thirty-six underwriters. As Mr. Marsden is engaged in editing the records of the Admiralty Court for the Selden Society the texts of these policies will before long be accessible to the public. Meanwhile it is worth mentioning that he considers the policy of 1557 to be the earliest policy in English contained in the Admiralty records. As far as I am able to judge, that policy and the Italian one of 1547 are both based on Italian forms of earlier date and simpler content than that prescribed in the Florentine Ordinance of 1523.-G.

EXTRACT from Marsden's "Admiralty Cases, 1648-1840" p. 240.

Bill of Lading

THE following copy of a bill of lading, dated 16th June 1650, is taken from the Admiralty Court Act Book of that date, fol. 108:

Shipped by the grace of God in good order and well conditioned by mee, Humfrey Davenport, in and upon the good shipp called the Jonathan . of London, whereof is master, under God, for this present voyage, Captain Robert Page, and now riding at anchor at the Barbados, and by God's grace bound for London, to say (sic) one butt, one punchin, one (?) hogshead, being so marked and numbered as in the margent, and are to be delivered in the like good order and well conditioned at the aforesaid port of London, the danger of the seas only excepted, unto Edward Smallwood or to his assigns, and hee or they payinge freight for the said goods. In witness whereof the master of the said shipp hath affirmed to three bills of lading, all of this tenor and date, the one of which three bills being accomplished the other two to stand void; and so God send the good shipp to her desired port in safety. Dated in Barbados the 16th June, 1650.

MR. R. H. PAGE.

1 Reproduced with the permission of the publishers, Messrs. Wm. Clowes and Sons, Ltd., London, E.C.

Y

Ship.

If upon the sailing being known the assured has not given instructions to put forward a policy, the company is authorised to do so.

Risk not to commence before expiration of previous policies.

Warranted free from capture, seizure, and detention, and the consequences thereof, or of any attempt thereat, piracy excepted, and also from all conse quences of riots, insurrections, hostilities, or warlike operations, whether before or after declaration of war.

APPENDIX CA

THE

MARINE INSURANCE COMPANY, LIMITED

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policy will be issued, and this slip cancelled. On receipt of the necessary particulars a stamped

Underwriter.

Clauses, F.G.A. Y/A.
Conditions -No thirds off. Collision, Deviation and Docking

APPENDIX CB

THE

.MARINE INSURANCE COMPANY, LIMITED

Cargo and Freight.

M

Vessel

Voyage

Warranted free of capture, seizure, and detention, and the consequences thereof, or of any attempt thereat, piracy excepted, and also from all consequences of hostilities or warlike operations, whether before or after declaration

of war.

Interest

18

This company provisionally insures on your account

Amount and Premium £

per cent.

On receipt of the necessary particulars a stamped policy will be issued, and this slip cancelled.

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Underwriter.

Free of particular average, unless F.G.A. and Y/A Rules. Deviation Clause,

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