A History of Inventions, Discoveries, and Origins, Volume 1 (of 2)Beckmann, Johann
History
A History of Inventions, Discoveries, and Origins, Volume 1 (of 2)
Beckmann, Johann
Inventions -- History
Those remains of the ancient laws which, according to Kulpis and
others, allude to insurance, concern bottomry (_fœnus nauticum_) only;
and that this is much older than insurance has been already fully
proved by Stypman[694].
Malynes[695], Anderson, and others affirm, that insurance is mentioned
in the marine laws of the Isle of Oleron. This island, which lies
opposite to the mouth of the Charente, on the coast of France, was much
celebrated in the eleventh, twelfth, and following centuries on account
of its trade. It belonged then to the duke of Aquitaine, and came to
the crown of England by the marriage of Eleonora, daughter of the last
duke, with Henry II. Under Eleonora were framed in the island those
laws so well-known by the names _Roole d’Oleron_, _Roole des Jugemens
d’Oleron_, that, like the laws of the Rhodians, they were used also
by foreigners. These laws were afterwards enlarged and improved by
Richard I., Eleonora’s son; at least we are assured so by the French
historians: but the English ascribe them to Richard alone. In order to
determine the period when they were framed, I shall only observe that
Eleonora died in the year 1202, and Richard in 1199; and Anderson,
therefore, not without probability, places the origin of them in the
year 1194. A copy of these laws, printed at Rouen, is still preserved,
in which it is said that they were first drawn up in 1266. This,
however, the French and the English declare to be false[696]. They are
written in French, that is, in the old Gascon dialect. I am acquainted
with them from the following scarce book, the author of which, in the
preface, calls himself Cleirac: Us et Coutumes de la Mer[697]; but I
find no traces in them of insurance. Even Cleirac himself, who has
given an excellent explanation of the laws of Oleron, seems not to
have found any; for where he relates everything he knew respecting
the history of it, he ascribes this invention, and also that of bills
of exchange, to the Jews, who made use of it when they were expelled
from France. According to Cleirac, insurance was long detested by the
Christians, who at that time considered it as a sin to take interest;
and the use of it, as well as of bills of exchange, was first made
common by the Guelphs and Ghibelines. Of this pretended service of the
Jews in regard to insurance, I know no proof.
The celebrated maritime laws of the city of Wisby, in the island of
Gothland, whether of later date, as the French assert, or older,
which is more probable, than those of Oleron, are equally silent
with respect to insurance. These laws were not written originally in
Swedish, as l’Estocq[698] says, but in the Low-German. The translation
into High-German by Marquard[699] is incorrect, and the French one
of Cleirac is too free and too much abridged. The Dutch translation
published at Amsterdam is the completest[700].
Public-domain text, read in full here on John Shaqi.
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