refearches, and the collections I had made, greatly facilitated my labour. In works of this nature, the greatest attention to method is neceflary. Their utility in practice, in a great measure, depends on their being properly arranged. Method, however, is only useful fo far as it conduces to perfpicuity. Too ftrict an adherence to methodical arrangement only defeats the end which is meant to be attained by it. A multiplicity of divifions and fubdivifions only ferve to burthen the memory and weary the patience. 1 have therefore avoided, as much as poffible, divifions too large and comprehenfive, on the one hand, and too trifling and minute, on the other. The different branches of marine infurance fo blend themselves with each other, that the forming of any diftinct and fatisfactory analysis of it, is a task of no inconfiderable difficulty. In the various treatises on this fubject which I have had occasion to examine, I have feen no arrangement that I could entirely approve. Of the arrangement now adopted, the reader will be able to form his own judgment, upon infpection of the following analyfis. It will there appear that the subject has been divided, as nearly as it could be, according to the natural order of events, from the firft idea of the contract, till the final clofe of the tranfactions upon which it is to operate, or which arife out of it. The numerous cafes that have been decided in the courts of Westminster, upon queftions of infurance within the laft 60 or 70 years, afford the beft materials for a treatise on this fubject. They at once fupply the rules of law, and fhew the application of them.And as the utility of a work a work of this nature greatly depends on its being as complete as poffible within itself, fo as to render a recurrence to other books feldom neceffary, I have, in order to give the prefent work this advantage, in as great a degree as the limits I had prescribed to it would admit, introduced into it all the decided cafes I have been able to collect, upon each branch of the fubject, rejecting fuch only as I deemed unworthy of notice.-In abridging these cafes, I have obferved one uniform rule. Each will be found to confift of three diftin&t parts; the facts, the decifion, and the reasons affigned for it.-Where the decifion of a cafe cannot be well understood, without fhewing the points infifted upon in argument, these are briefly stated. --But though I have taken great pains to fhorten each cafe as much as the plan of the work would admit, I am forry to find the book fwelled to a fize confiderably beyond that to which I had hoped to confine it. A few of the cafes have never before been in print. Some others I have cited from manufcript notes, which feemed preferable to any hitherto publifhed. Under each head I have endeavoured, with the requifite perspicuity, to lay down the principles of the law, as I have been able to collect them from decided cafes, and from the best authorities, ancient and modern, which I have been able to pro cure. There is fcarcely any contract which affords & greater number of queftions of doubt and difficulty than that of marine infurance. Though the prin ciples of the law applicable to this contract, are, in general, well defined; yet the policy being ufually of one uniform tenor, and the tranfactions upon which it is to operate, infinitely various and complicated, the conflicting rights of the parties are often fo equally balanced, that it is impoffible to decide between them, without fometimes reforting to very nice diftinctions. It often happens, too, that the real justice of the cafe, as between the parties, muft yield to the ftrict rules of law: And it feems to be a general subject of complaint, in most commercial countries (a), that, upon fuch occafions, courts of justice are fometimes tempted to forfake the rules of law, and to lean in favour of the fuffering party. It is not to be wondered at, then, if the doctrines delivered from authority in Westminfter Hall fhould be found, in fome few inftances, to be irreconcileable with the true principles the law of infurance. of It is faid that good faith fhould prefide in all the tranfactions of commerce, and equity in the decifion of the queftions to which it gives rife.That good faith fhould prefide in all the tranfactions of commerce, is a truth which cannot be too frequently repeated, or too forcibly inculcated.And that equity fhould, on proper occafions, have its due weight in the decifion of commercial queftions, I am also ready to admit. But, by equity I would not be understood to mean thofe wild and fanciful notions of right, in which no two men can agree. I mean that re&titude of judgment, which is the refult of natural reafon, enlightened and directed by the wisdom of the law. Under pretence of equity, the law is not to be forfaken. Where that is clear, it must prevail, however hard it may ap (a) Vid. Bynk. Quæft. jur. priv. lib. 4. c. 5; Straccha p. 541, h.6; Emerig. tom. 2, p. 355. pear pear in particular cafes. Hoc quidem perquàm durum eft, fed ita lex fcripta eft. It is fafer, perhaps, to rely on the confcience of the law, than on the conscience of any man, however wife and virtuous he may be. Omnia funt incerta, cum à jure dif. ceffum eft. Nec præftari, quidquam poteft, quale futurum fit, quod pofitum eft in alterius voluntate, ne dicam libidine (a). Wherever I have found any decifion, or any doctrine advanced, which militated against any acknowledged principle of law, I have, with a proper freedom, but with decency and respect, pointed them out to the notice of the reader, with fuch obfervations as I thought it my duty to make on them. I have not, however, unneceffarily stepped aside to make captious objections. I have only fought, where the occafion called for it, to restore the true principles of the law; and the better to enable me to do fo, I have availed myself of the works of foreign writers of acknowledged authority upon the law of nations, upon marine law, and the law of infurance; and I have freely had recourse to them, wherever their affiftance would enable me to clear up a doubt, or to folve a difficulty. Nothing can moré promote the true interests of commerce, than that the law, which should regulate the contracts of merchants, fhould be well underftood. If the present work fhould at all conduce to that end, or, in any material degree, advance the general profperity of my country, my pains will be fufficiently rewarded. With refpect to Bottomry and Refpondentia; though thefe contracts are not at prefent much in ufe in this country, I have collected from the Roman law (a) Cic. ad fam. lib. 9, epift. 16. and from foreign authors, fuch materials as feemed neceffary to enable me to form a confiftent treatise on this branch of the fubject. Infurance upon Lives, and Infurance against Fire, are now become very important contracts in this country. Upon each of these I have put together all the materials I could collect, and have digefted them into fuch a form, as feemed most likely to render those parts of the book useful to such persons as may have occafion to confult them. Having thus fhortly explained the nature and design of this work, I now, with confiderable diffidence, fubmit it to the judgment of my own profeffion, and of the commercial world; Poftulans a lictore, ut fi quid fuperfluum vel perperàm pofitum in hoc opere invenerit, illud corrigat et emendet; vel conniventibus oculis pertranfeat; cum omnia habere in memoria, et in nullo peccare, divinum fit potius quam humanum (a). SERJEANT'S INN, SAMUEL MARSHALL. (a) Brad. de leg. 1. |