502 CHAPTER THE TWENTY-THIRD, AN Of Infurance against Fire. N infurance of this fort is a contract, by which the infurer, in confideration of the premium, which he receives, undertakes to indemnify the infured, against all loffes, which he may fuftain in his houfe, or goods, by means of fire, within the time limited in the policy. To enter upona 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 little does it fall within the compafs of my plan, to enumerate the various offices that have been inftituted for the purpose of infuring property against fire; or the rules and regulations, by which they are feverally governed. Some of them have been inftituted by royal charter; others by deed inrolled; and others give security upon land for the payment of loffes.. The rules, by which thefe focieties are governed, are established by their own managers, and a copy given to every perfon 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. The conftruction to be put upon thofe regulations, has but feldom become the fubject of judicial enquiry; two inftances only having occurred in our researches 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 themfelves liable for any lofs or damage by fire, hap OF INSURANCE AGAINST FIRE. pening by any invafion, foreign enemy, or any military or ufurped power whatfoever. It became a queftion, what fpecies 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 to extend to houses fet on fire by means of an invafion from abroad, or of an internal rebellion, when armies are employed to fupport it. 593 London Af The cafe in which this queftion arofe, was an Drinkwater action of covenant against the defendants upon a v. the CorpoPolicy of Infurance of a malting office of the ration of the plaintiff's at Norwich from fire, in which policy face. there was a provifo that the corporation fhould 2 willen 363. not be liable in cafe the fame fhould be burnt by any invasion 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 also joined. This caufe was tried at Norwich affizes; a verdict was given for the plaintiff, and 469 7. damages, fubject to the opinion of the court, upon the following case, viz. That upon Saturday, the 27th of November, a mob arose at Norwich upon account of the high price of provifions, and spoiled and destroyed divers quantities of flour; thereupon the proclamation was read, and the mob dispersed 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 delivered their opinions feriatim. Kk 4 Mr. Mr. Juftice Gould was of opinion, that the malting office being burnt by the mob, who rofe 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 a to fhew 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 Bathurst. The words " ufurped "power," in the provifo, according to the true import thereof, and the meaning of the parties, can only mean an invasion of the kingdom by foreign enemies to give laws and ufurp the government thereof, or an internal armed force in rebellion, affuming 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 usurped power as a rebellion, that a mob role at Norwich on account of the price of victuals, and as foon as the proclamation was read, they difperfed; therefore, judgment ought to be for the plaintiff. Mr. Juftice Clive. The words must mean fuch an ufurped power as amounts to high-treafon, which is fettled by the 25th of Edward Third. The offence of the mob in the prefent 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 confideration I am able to give this cafe, I am of opinion, that the burning of the malting office, was not a burning by an ufurped power within the meaning of the provifo. Policies of Infurance, like all other contracts, must be conftrued ac cording cording to the true intention of the parties. Although the counfel on one fide faid, that policies ought to be conftrued liberally; on the other fide, that they ought to be conftrued frictly; in a doubtful cafe I think the turn of the scale ought to be given against the speaker, because he has not fully and clearly explained himfelf. 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 exprefs them clearly; but when they are complex, difficulties often arise; and men differ much about the ideas intended to be conveyed by words. In the prefent cafe, 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 ule 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 is, that they mean burnt, or fet on fire by occafion of an invafion 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 is 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 Affurance Company, was foon after a rebellion in this kingdom, and it was not fo 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 againft 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 use of the word mob. The words "ufurped power," may have a great variety of meanings according to the subject matter where where they are used, 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 faid, that if one, or fifty perfons 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 power 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 treafon; 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 flight, they were difperfed and heard of no more. Where are the fpecies belli which Lord Hale defcribes? This mob wants an univerfality of purpose to destroy, to make it a rebellious mob, or high treafon. 1 Hale's P. C. 135. There must be an univerfality, a purpose to deftroy all houses, all inclofures, all bawdy houses, &c. Here they fell upon two bakers and a miller, and the mob chaftifed these particular perfons to abate the price of provifions in a particular place: this does not amount to a rebellious mob. When the laws are executed with spirit, mobs are easily quelled; fometimes a courageous act done by a tingle perfon, will quell and difperfe a mob. And fometimes the wifdom of an individual will do the fame, as is thus beautifully defcribed by Virgil, Ac veluti magno in populo cum fæpe coorta eft Tum |