respondentia; insurances upon lives; and insurances against fire. When I planned this work, I intended to prefix an introduction, containing a short, historical account of the rise and progress of insurances in this country only. But upon the suggestion of one, to whose opinion I bow with deference, and whose judgment will always command obedience; I was induced to enlarge my design. The reader will now find a short account of such of the antient maritime states, as have promulgated any system of naval ju. risprudence; and also, of the progress of marine law among the various states of Europe. I have endeavoured to trace the origin of insurance to its source; to point out those countries in which it has flourished, and the progress and improvement of it in our own. Such is the arrangement, which I have adopted, and on the propriety of which, the world and the profession are to decide. As to the mode of treating the subject, it will be proper to observe that, at the head of each chapter, I have stated the principles, upon which the cases on that point depend; and then have quoted the cases themselves to shew, that they are agreeable and consonant to the principles advanced. If there are any cases, which seem to differ from the others, I endeavour to prove, either that they depend upon different principles, or that there are circumstances in them, which make them exceptions to the general rules. In quoting cases, I have been careful minutely to state all the circumstances, and also the opinion of the court without any alteration, or comments of my own; convinced that the utility of a work of this kind consists in the true and accurate account account of what the law is, not in idle speculations of a private man, as to what the law ought to be. Besides, one main purpose of such a composition is, to save the professors of the law the trouble of turning over vast volumes of reports, by collecting into one book, all the cases upon a particular subject. But unless the cases are fully and faithfully reported, recourse must still be had to the original reporters, and the end of such a compilation is defeated. At the same time it ought to be observed, that sometimes, though not very often, several different points arise in one cause; and then, in order to preserve the system complete, it is necessary to separate them, and to assign to each its proper place. But still the opinion of the court is given fully on each of the points; and a reference is made from one part of the case to the other. I had it in contemplation to have had a distinct chapter for the consideration of the law relative to this species of contract in other countries of Europe. But upon reflecting that insurances are founded upon the great principles of natural justice, rather than upon any municipal regulations; and that consequently the law must be nearly the same in all countries, I relinquished the idea. Besides, I have throughout the work, which seemed to be a better plan, taken notice in what respects the positive institutions of other maritime states agree or disagree with those of our own: A plan, which serves to illustrate and confirm the English system. It remains to speak of the materials I have used. Conscious that the value of a law book depends upon the purity and excellence of the sources, from which its contents are taken, I have never advanced any position, without referring to the book in which it was found; unless it be upon some unsettled point, where I have stated the arguments that may be adduced on both sides, and left it to the reader to form his own conclusions. In my researches upon this occasion, I have consulted every foreign author that I could possibly obtain; and have made as much use of their labours, as the nature of the plan would admit. With respect to the decisions of the English courts of justice, I believe I have not omitted a single case, that ever has appeared in print upon the subject: Besides which, this collection contains a great number of manuscript cases, of which some have been determined at Nisi Prius only, and many have been the subject of deliberation in court upon cases reserved, or upon motions for new trials. For the latter, I myself am chiefly responsible, and upon some future occasion, I shall be happy to correct any errors, which they may contain; as most of them were taken while I was a student, merely for my private use, without any view to future publication. I have, however, by comparing them with such notes as I could obtain, done every thing in my power to render them worthy of the attention of the profession. As to the Nisi Prius notes, I am indebted for them to the very liberal and generous communications of my young professional friends; and to some also of those, who are in the first rank at the bar. Indeed, to name any one, would be an injustice to the rest; and therefore, I must beg they will accept my general acknowledgments. I should, however, be undeserving of that attention and assistance with which I have been honoured, were I to omit this opportunity of returning my sincere and grateful thanks thanks to Mr. Justice Buller, whose abilities are only equalled by his easiness of access, his ready and liberal communication of that knowledge, which is the natural result of such talents, and such unwearied application to study. The many valuable hints I have received from that learned judge, will no doubt contribute much to the utility of this work. To those who are much engaged in the labours of the profession, a full and complete table of the principal matters is of the utmost consequence. I have used my endeavours to render this part of the work as useful as possible, by stating each point under all the heads, that will naturally be resorted to for the solution of any doubt. Having thus explained the nature of my arrangement, the mode which I have adopted in the discussion of each chapter, and the sources from which my information is derived, I present this volume to the public. The utility and necessity of such a work are universally acknowledged; the attempt is therefore deserving of some praise, and for the defects in the execution I throw myself upon the candour of my profession. The subject was noble, and required greater talents than mine to treat it as it deserved; but if I shall have at all done justice to the great abilities of those distinguished characters, whose names appear in every page, I shall in some measure have attained the object of my wishes, and shall have the pleasure of reflecting, that the time I spent in the composition of this work, has been at least productive of much personal satisfaction and improvement. December, 1786. |