to gain a proper infight into the true effects of commerce upon the various nations of the world, and the advantages of fome particular branches of trade, he procured and employed learned and diligent men to inquire into the commercial hiftories of cities long fince deftroyed, and the nature of the climate, foil, and productions of the countries then rifing into notice. It was to this fpirit of inquiry in this famous ftatefman, that the world is indebted, as appears from the dedication, for that very mafda Commerce terly performance upon the commerce and navigation of the ancients, written by Huet bishop of Anciens, pref. Avranches and Soiffons, who is juftly entitled to a Huet Hift. et de la Nay igation des bert. high rank among men of letters. Colbert having thus made ufe of the labours of others in order to gain ufeful information, undertook to reftore the Vie de Col- navy and commerce of France; and he completed all his fervices by the publication of that excellent body of Sea laws, known by the name of the Ordinances of Lewis the 14th, which comprehend every thing relating to naval or commercial jurifL'Honneur prudence; and of which the doctrine of infurances forms a confiderable part. To its merits all Europe has borne teftimony; and the name of Colbert must ever be mentioned with refpect, when the ordinances of Lewis the 14th are the fubject of converfation. (a) Francois, tom. 7, P. 302. L'Honneur Francois, par tom. 7. This (a) It was under the administration of Colbert, that the French laid the foundation of Quebec on the banks of the river St. Lawrence; and he performed a work, which, fays a French hiftorian, even in the eyes of Richelieu, feemed to furpass human power; and that was to effect a junction between the Atlantic and the Mediterranean by means of a canal, the execution of which attracted the admiration of Europe, and added much to the splendour of French commerce. This ordinance has had the good fortune to meet with a laborious commentator in Valin, who, being thoroughly fenfible of the advantages which his country must neceffarily derive from fuch an excellent code, has, with a degree of labour and induftry which excite our admiration, and which are highly deferving of imitation, placed it in the most favourable point of view; has cleared up every obfcurity, by tracing thefe laws to their ancient fources, and by a full investigation of old ordinances, and the decifions of former tribunals, has added much to the mass of learning upon fubjects of this nature. But of all the fources, from which modern French legiflators could derive the most effential information, the famous treatise called "Le Guidon" was the chief. This tract was republished by Cleirac, who pays a due compliment Cleirac, to its merits, in his work upon the Ufages and P. 213. Customs of the Sea and although in its ftyle and manner it certainly favours of the ruft of antiquity; yet it contains the true principles of naval jurif prudence. If the style be antiquated, and the text be corrupted in fome places, yet the treatise is still valuable by the wisdom, which fhines through the whole, and the number of decifions, which it contains. Upon this occafion let me not forget to take proper notice of two very modern and diftinguished French writers, M. Pothier and M. Emerigon. The former of thefe has written admirable differtations upon every species of exprefs and implied contracts, and amongst the reft upon that of insurance; he has confidered his various fubjects with fo much clearness E 2 Pothier, 3. tom. duod. p. I. Traité des Hume's Hift. of Eng. oct. edit. vol. ii. P. 494. clearness and perfpicuity, and has produced fo many appofite examples in fupport of the pofitions he advances, that they greatly contribute to the advancement of the knowledge of this branch of jurifprudence. Hisle is at the fame time manly, neat, and claffical; and well fuited to didactic difcourfes. M. Emerigon has, in his work, confined himself to the confideration of marine jnfurances, and to the contract of bottomry only. This being the cafe, he has gone into thofe fubjects much more at length than any former French writer; and has with infinite labour, unwearied ftudy and reflection, collected the decifions and authorities, applicable to the purpose of his work. This learned foreigner, I underfland, holds a diftinguished rank among the advocates of his own country: and his treatise upon insurances will by no means diminish his fame. We have feen, that the naval reputation of the English was arrived at a great height in the twelfth century, for the laws of Oleron, of the merits of which much has been faid, were at that time compiled by an English monarch, and received here as the regulator of naval affairs. The progrefs of commerce, however, in this country, was not answerable to fo aufpicious a beginning; for in the reign of Edward the Third, upwards of a century afterwards, commerce and industry were at a very low ebb. That monarch, ftruck with the flourishing state of the Northern provinces, which have been already described, and perceiving the true caufe of View of So their profperity, endeavoured to excite a spirit of industry among his fubjects, who seemed to be blind to the advantages of the fituation, and ignorant of those fources, from which they might derive wealth Robertfon's and opulence. So far were they lulled by igno- ciety, &c. rance and indolence, that they did not even attempt those manufactures, the materials of which they themselves fupplied to foreigners. Notwithstanding the endeavours of Edward, and the many wife establishments propofed and encouraged by him, it was not till the reign of Elizabeth, that the English began to discover their true interefts, and the arts by which they were to obtain that preeminence and rank, which they now hold among commercial nations. This flow progrefs of commerce in this country may be accounted for, on various grounds. During the Saxon heptarchy, England was fplit into many kingdoms, perpetually at variance with each other; it was expofed to the fierce incurfions of the Northern pirates; it was funk in barbarity and ignorance; and confequently was in no condition to cultivate commerce, or to purfue any system of wife or useful policy. To this fucceeded the Norman conqueft, and all the confequences of a feudal government, military in its nature, hoftile to commerce, and the arts and refinements of a liberal and civilized people. Scarce had the nation recovered from the fhock occafioned by this revolution, when it was engaged in fupporting its monarch's pretenfions to the French crown, and it long continued to waste its vigour and wealth in wild endeavours to conquer that country.. To this we may add the deftructive civil wars between the houfes of York and Lancaster, which Hift. of Com. which long deluged the kingdom with blood; and to which a period was at laft happily put by the union of their feveral titles to the crown, in the perfon of Henry the Eighth. The reformation then took place under that monarch, and it was not till the reign of Elizabeth, that the feuds and diffenfions which fuch an important event was likely to occafion, began to fubfide. During her long reign, and her wife and prudent adminiftration of government, commerce began to rear its head, and found fhelter and protection from the managers of public affairs. From this fhort sketch, it is not much to be wondered at, that England was one of the last nations of Europe, which availed herself of her great commercial advantages: but fhe has fince made ample amends for her long continued indolence and inactivity, by the amazing extent of her commerce, and the wife laws and regulations to be found in her system of maritime jurifprudence. While commerce continued in this weak and languid ftate, it cannot be fuppofed that infurances, which fpring from commerce, were at all encouraged or understood. It is true, the Lombards came Anderfon's into England in the 13th century, and it is univerfally agreed, that whatever may have been the origin of infurances, they were introduced into England by that active and induftrious people. This Vide the Ap- idea is countenanced and confirmed by the claufe to pendix, No.1. this day inferted in all policies of infurance "that "this writing or policy of affurance fhall be of as "much force and effect as any writing heretofore "made in Lombard-Sect, &c." the place where thefe Italians are known to have taken up their ref idence, |