1 you hold the box, and are sure of getting the "premiums at leaft, as a certain profit; the other, because it is a certain mode of obtain ing intelligence of the enemy's designs, and I "have known inftances of intelligence procured "by fuch methods." Notwithstanding this liberality of fentiment, however, which prevails in the English nation, there is one fpecies of infurance, which cannot be made upon the fhips or goods of an enemy, or even of a fubject, and that is upon a voyage to a befieged fort or garrifon, with a view of carrying affiftance to them; or upon ammunition, other warlike stores, or provifions: because from the nature of these commodities, they are absolutely prohibited by the laws of all nations. Having thus disposed of these two important queftions, and fhewn, that however impolitick the measure may be, general trading with an enemy for the mutual benefit of both countries seems by no means to have been declared to be contrary to law; and that infurances of enemy's property certainly are not: it will be proper to conclude by ftating what the principle is, which is laid down in this chapter, and fupported by authority. All infurances upon a voyage generally prohibited, fuch as to an enemy's garrifon, or upon a voyage directly contrary to an exprefs act of parliament, or to royal proclamation in time of war, are abfolutely null and void. 66. Roccus de No. 21. CHAPTER THE THIRTEENTH, TH Of Prohibited Goods. HE fubject of the prefent chapter is materially connected with that of the foregoing; and indeed follows as a confequence from the doctrine there advanced. We then faw that a contract founded upon that which was contrary to law, could never be carried into effect. Thus by the laws of almoft all countries, the exportation and importation of certain commodities are Lord Kaims's declared to be illegal to act contrary to that Prin. of Eq. prohibition, is clearly a contempt of legal authority; and confequently a moral wrong. If the act itself be illegal, the infurance to protect fuch an act must also be contrary to law; and therefore void. Agreeably to this principle, it seems to have been laid down by the writers upon the fubject, as a general and univerfal propofition, that an infurance being made, although in general terms, does not comprehend prohibited goods; and therefore when the infured fhall procure fuch commodities to be fhipped, the underwriter being ignorant of it, by means of which the fhip and cargo are confifcated, the infurer is discharged. In this paffage from Roccus it may be inferred, that if the underwriter knew that the goods were prohibited, the infurance would be valid. we truft, it was fufficiently thewn in the preceding chapter, that that will not alter the cafe: because no confent or agreement can render a contract good and valid, which upon the face of it, is contrary to law. In France this rule was adopted fo long ago as the year 1660; for in the work of a very refpe&table writer of that age, we Le Guidon. find this paffage : affeurances fe peuvent faire fur c. 2. art. 2. toute forte de merchandize, pourvu que le transport But ne Traité des 3. ne foit pas prohibé par les edicts et ordonnances du roy. And from an authority no lefs refpectable, Emerigon it appears, that the law of France has undergone Affurances, no alteration fince that period; for he fays, "that tom. 1. . . "those effects, the importation or exportation of f. 5. "which is prohibited in France, cannot be the "fubject matter of the contract of infurance; "and if they should be confifcated, the infurers are not refponfible, even where the truth bas "been declared by a special claufe in the policy. "The affurance is void, and no premium is due." This paffage from the celebrated work juft réferred to, confirms the idea above started, with respect to the knowledge of the underwriter. The law of England, whofe commercial regulations have furpaffed thofe of every other nation in the world, has alfo introduced fuch a rule into its fyftem of mercantile jurifprudence: and the oldest writers upon the fubject have taken notice. of it. It is faid, "if prohibited goods are laden Mol'oy, lib. "aboard, and the merchant infures upon the 2. c. 7. f. 15. general policy, it is a queftion whether if fuch goods be lawfully feized as prohibited goods, "the insurers ought to answer. It is conceived "they ought not for if the goods are at the "time of the lading unlawful, and the lader "knew of the fame, fuch affurance will not oblige the infurer to answer the lofs; for the "fame is not fuch an affurance as the law fupst ports, but a fraudulent one." But it is not upon the opinions of learned men merely, that this doctrine is founded in the Englib law; for the legislature have by pofitive ftatutes declared their ideas upon the fubject. It appears from the preamble to that fection of the ftatute about to be quoted, that a custom, highly prejudicial to the revenue of the country had prevailed, and was encreafing to a very alarming degree, of importing great quantities of goods from foreign ftates in a fraudulent and clandeftine manner, without paying the customs and duties payable to the crown: and that this evil had been encouraged and promoted by fome ill defigning men, who, in defiance of the laws, had undertaken as infurers, or otherwife, to deliver fuch goods fo clandeftinely imported, at their charge and hazard, into the houses, warehouses, or poffeffion of the owners of fuch goods. In order to remedy 4 and 5 W. this mifchief, it was enacted, " that all and every and M. c. 15. perfon and perfons, who, by way of insurance f. 14, 15, 16. (c or otherwife, fhould undertake or agree to de500l. penalty on perfons in- "liver any goods, wares, or merchandizes whatfuring to im- "foever, to be imported from parts beyond the port prohib. "feas, at any port or place whatsoever within goods. "this kingdom of England, dominion of Wales, Sect. 15. Like penalty on the infured or town of Berwick upon Tweed, without pay"ing the duties and customs that should be due "and payable for the fame at fuch importation, or any probibited goods whatsoever; or in pur"fuance of fuch insurance, undertaking or agree"ment, fhould deliver, or caufe or procure to "be delivered any prohibited goods, or fhould "deliver, or caufe or procure to be delivered, any goods or merchandizes whatsoever, with-out paying fuch duties and customs as afore"faid, knowing thereof, and all and every their "aiders, abettors, and affiftants, fhould for σε every fuch offence forfeit and lofe the fum of five hundred pounds, over and above all other "forfeitures and penalties, to which they are "liable by any act already in force." It was alfo enacted, that all and every person and perfons, "who fhould agree to pay any fum or fums of money for the infuring or conveying any goods or merchandizes that should be fo imported, "without paying the customs and duties due and "payable at the importation thereof, or of any "prohibited goods whatsoever, or should receive "or take fuch prohibited goods into his or their houfe, or warehouse, or other place on land, "or fuch other goods, before fuch customs or "duties were paid, knowing thereof, should also "for " for every fuch offence forfeit and lofe the like agreement, and fhould have to his own use one A few years afterwards, luftrings, the manufacture of which till then was little known in England, having been worked to great perfection by the Royal Luftring Company, the legislature found it neceffary to protect this branch of trade, by prohibiting the importation of fuch filks from foreign countries into this, without paying the duties, whether by direct means, or by the way of infurance. It was enacted, "that every per- 8 and 9 W. 3. "fon, who fhould import any foreign alamodes c. 36. f. 1. "or luftrings from parts beyond the feas, into any port or place within the kingdom of Eng"land, dominion of Wales, &c. without paying "the rates, customs, impofitions, and duties that should be due and payable for the fame at "fuch |