441 С НА Р. CHAPTER THE TWENTY-THIRD Of Infurance against Fire. AN infurance of this fort is a contract, by which the in furer, in confideration of the premium which he receives, undertakes to indemnify the infured, against all loffes, which he may sustain in his house, or goods, by means of fire, within the time limited in the policy. To enter upon a detail of the various advantages, which mankind have derived from this fpecies of contract, would be a waste of time; because they are obvious to every understanding. As litric does it fall within the compafs of my plan to enumerate the various offices that have been inftituted for the purpose of insuring property against fire; or the rules and regulations, by which they are severally governed. Some of them have been inftituted by royal charter; others by deed enrolled; and others give fecurity upon land for the payment of loffes. The rules, by which thefe focieties are governed, are eftabSee 1 H. Black. lished by their own managers, and a copy given to every per. fon at the time he infures; fo that, by his acquiefcence, he fubmits to their propofals, and is fully apprized of thofe rules upon the compliance or non-compliance with which, he will or will not be entitled to an indemnity. 254. The construction to be put upon thofe regulatioris, has but feldom become the fubject of judicial inquiry; three inftances only having occurred in our refearches upon this occafion. In the propofals of the London Affurance Company, and fome of the other offices, there is a claufe by which it is provided, that they do not hold themselves liable for any lofs or damage by fire, happening by any invasion, foreign enemy, or any military or ufurped power whatsoever. It became a question, what species of infurrection fhould be deemed a military or ufurped power within the meaning of this provifo. It was held by the Court of Common Pleas, against the opinion of Mr. Juftice Gould, that it could only mean mean to extend to houses fet on fire by means of an invafion CHA P. from abroad, or of an internal rebellion, when armies are employed to fupport it. XXIII. the Corpora The cafe in which this question arofe, was an action of Drinkwater v. covenant against the defendants upon a Policy of Infurance tion of the Lon of a malting office of the plaintiff's at Norwich from fire, in don Affurance, which policy there was a provifo that the corporation fhould Wilfon 363. not be liable in cafe the fame fhould be burnt by any inva hon by foreign enemies, or any military or ufurped power whatsoever, and that the defendants had not kept their covenants, to the plaintiff's damage. The defendants plead first the general iffue, that they have not broke their covenants, and thereupon iffue is joined. 2dly. They plead that it was burnt by an ufurped power; the plaintiff replies, that it was not burnt by an ufurped power, and thereupon iffue is alfo join ed. This caufe was tried at Norwich allizes; a verdict was given for the plaintiff, and 4697. damages, fubject to the opinion of the court, upon the following cafe, viz. That upon Saturday the 27th of November, a mob arose at Norwich upon account of the high price of provifions, and spoiled and deftroyed divers quantities of flour; thereupon the proclamation was read, and the mob difperfed for that time. Afterwards another mob arofe, and burnt down the malting office In the policy mentioned. The question is, whether the plaintiff is entitled to recover in this action. This cafe was twice argued at the bar, and the court took time to deliberate; after which, as the judges differed in opinion, they de livered their opinions feriatim. Mr. Juftice Gould was of opinion, that the malting office being burnt by the mob, who role to reduce the price of provifions, the fame was burnt by an ufurped power, within the true intent and meaning of the provifo in the policy: to thew that it was an ufurped power for any perfons to affemble themselves, to alter the laws, to fet a price upon victuals, &c. he cited Popham 122, where it is agreed by the juftices, that to attempt fuch a thing by force is felony, if not treafon; and therefore judgment ought to be for the defendant. Mr. Juftice Pathurt." The words " ufurped peaver," in the provifo, according to the true import thereof, and the meaning N N CHAP. meaning of the parties, can only mean an invafion of the XXIII. kingdom by foreign enemies to give laws and ufurp the gov ernment thereof, or an internal armed force in rebellion, af fuming the power of government by making laws, and punishing, for not obeying thofe laws. The plea alleges that the malting office was burnt by an ufurped power unlawfully exercised, but does not charge that ufurped power as a rebellion, that a mob rose at Norwich on account of the price of victuals, and as soon as the proclamation was read, they difperfed; therefore judgment ought to be for the plaintiff.” Mr. Justice Clive.-"The words must mean such an ufurp ed power as amounts to high treafon, which is fettled by the 25th of Edward Third. The offence of the mob in the pref ent cafe was a felonious riot, for which the offenders might have fuffered; but it cannot be faid to be an ufurped power; therefore I am of opinion that judgment fhould be given for the plaintiff." Lord Chief Juftice Wilmot." Upon the best confidera tion I am able to give this cafe, I am of opinion, that the burning of the malting office, was not a burning by an ufurp ed power within the meaning of the provifo. Policies of infurance, like all other contracts, must be conftrued according to the true intention of the parties. Although the countel on one fide faid, that policies ought to be construed liberally; on the other fide, that they ought to be conftrued strictly; in a doubtful cafe I think the turn of the scale ought to be given against the fpeaker, because he has not fully and clearly explained himself. The imperfection of language to exprefs our ideas is the occafion that words have equivocal meanings and it is often very uncertain what the parties to a contract in writing mean. When the ideas are fimple, words expreís them clearly; but when they are complex, difficulties often arife: and men differ much about the ideas intended to be conveyed by words: In the prefent case, what is the true idea conveyed to the mind by the words ufurped power? The rule to find it out is to confider the words of the context, and to attend to the popular ufe of the words, according to Horace, Arbitrium eft, et jus, et norma loquendi. My idea of the words, burnt by an ufurped power, from the context XXIII. 444 context is, that they mean burnt, or fet on fire by an invafion CHA P. from abroad, or of an internal rebellion, when armies are employed to fupport it, when the laws are dormant and filent, and firing of towns are unavoidable; these are the outlines of the picture drawn by the idea which these words convey to my mind. The time of the incorporation of this fociety of the London Assurance Company, was foon after a rebellion in this kingdom, and it was not so romantic a thing to guard against fire by rebellion, as it might be now; the time, therefore, is an argument with me that this is the meaning of these words. Rebellious mobs may be alfo meant to be guarded against by the provifo, because this corporation commenced foon after the riot act; and if common mobs had been in their minds, they would have made ufe of the word mob. The words "ufurped power," may have a great variety of meanings according to the subject matter where they are ufed, and it would be pedantic to define the words in their various meanings; but in the prefent cafe, they cannot mean the power ufed by a common mob. It has not been said, that if one or fifty persons had wickedly fet this houfe on fire, that it would be within the meaning of the words ufurped power. It has been objected, that here was an ufurped porver to reduce the price of victuals, but this is part of the power of the crown; and therefore it was an ufurped power: but the king has no power to reduce the price of victuals. The difference between a rebellious mob and a common mob, is, that the first is high treason; the latter a riot or a felony. Whether was this a common or a rebellious mob? The first time the mob rifes, the magiftrates read the proclamation, and the mob difperfe; they hear the law and immediately obey it. The next day another mob rifes on the fame account, and damages the houses of two bakers; thirty people, in fifteen minutes, put this army to fight, they were difperfed and heard of no more. Where are the species belli which Lord Hale defcribes? This mob wants an univerfality of purpose to deftroy, to make it a rebellious mob, or high treason. 1 Hale's P. C. 135. There must be an univerfality, a purpose to destroy all houses, all inclosures, all bawdy houfes, &c. Here they fell upon two bakers and a miller, and the mob chaftized these particular perfons to abate the price of provifions in a particular place : N N 2 this CHAP. this does not amount to a rebellious mob. When the laws XXIII. are executed with fpirit, mobs are eafily quelled; fometimes a courageous act done by a fingle perfon, will quell and dif perfe a mob. And fometimes the wifdom of an individual will do the fame, as is thus beautifully defcribed by Virgil: 1780. Ac veluti magno in populo cum fæpe coorta eft But amongst armies, the laws are filenced, and the wisdom or courage of an individual will fignify nothing. Upon the whole, I am of opinion, that there must be judgment for the plaintiff; and accordingly the poftea was ordered to be deliv ered to the plaintiff, by three judges against one. The Sun Fire Office has ufed words of a larger and more extensive import than thofe, which were the fubject of difcuffion in the last cafe; for the proprietors of that company declare, that they will not pay any lofs or damage by fire, happening by any invafion, foreign enemy, civil commotion, or any military or ufurped power whatever. A cafe has unfor tunately arifen, in which the meaning of thefe words, civil commotion, has been the fubject of judicial inquiry. Langdale v. An action was brought on a policy of insurance to recov Maion and other from the Sun Fire Office a fatisfaction for damage done ers, Sittings at Guildhall, to the plaintiff's houses and goods by the rioters, who, it is Mich. Vac. very well known, and history will inform pofterity, in June 1780, to the terror and difmay of the inhabitants of London, traversed that city for feveral days, burning and deftroying Roman Catholic chapels, public prifons, and the houses of various individuals; the oftenfible purpose of their affembling being to procure the repeal of a wife and humane law, (which had paffed for fome indulgences to Roman Catholics,) and who were at laft only difperfed by military force. As the circumstances of these riots were very recent, they were not minutely gone into at the trial. It was, however, fuf ficiently proved, that the plaintiff, on account of his religion, |