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The Early Development of Insurance The University of Maine DigitalCommons@UMaine Electronic Theses and Dissertations Fogler Library 6-1931 The Early Development of Insurance John Henry Magee Follow this and additional works at: https://digitalcommons.library.umaine.edu/etd Part of the Economics Commons Recommended Citation Magee, John Henry, "The Early Development of Insurance" (1931). Electronic Theses and Dissertations. 3336. https://digitalcommons.library.umaine.edu/etd/3336 This Open-Access Thesis is brought to you for free and open access by DigitalCommons@UMaine. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of DigitalCommons@UMaine. For more information, please contact [email protected]. THE EARLY DEVELOPMENT OF INSURANCE A THESIS Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts ( in Economics ) by JOHN HENRY MAGEE B.A., University of Maine, 1917. College of Arts and Sciences University of Maine Orono June, 1931. CONTENTS PREFACE ................................... Page I. CHAPTER I. Pre-Grecian Contributions .... Page 1. CHAPTER II. Ancient Greece .............. Page 39. CHAPTER III. Ancient Rome ............... Page 70, CHAPTER IV. Middle Ages and Renaissance...Page 119. CHAPTER V. Period of Final Development, 1500 - 1720, ................. Page 171. BIBLIOGRAPHY ...............................Page 251. 101874 1 PREFACE It is the purpose of this thesis to trace the development of risk bearing by insurance from the earliest times, to the period when the modern institution of insurance may fairly be said to have become established. The thesis will not cover in its scope the history of insurance, nor the history of any particular period, but will rather survey each period studied, searching for new developments of insurance theory, and consider particularly those contribut­ ions that represent distinct advances in development. The aim of the work is to assemble those early fragments of evidence that may be found, and so present them as to afford a perspective of the development of an idea. It does not come within the scope of the work to present a complete record of the numerous instances that represent reduplication of the idea. On the other hand mention is made of develop­ ments that at the time only remotely bear upon insurance, but are destined later to become important factors in the field. The scattering threads that appear in the early periods will be brought together as the development of the thesis proceeds. In the assembling of the material, and the preparat­ ion of the work, I have been favored with the generous co­ 11 operation and assistance of many. Without presenting a detailed list of the individuals, libraries, and institutions, to whom I am under obligation, I nevertheless avail myself of the privilege here afforded of acknowledging my indebtedness to all. Without the cooperation and assistance so freely rendered, the work could not have been completed. I must . at this time, however, by personal mention, acknowledge my indebtedness to Dr. John H. Ashworth, head of the Department of Economics at the University of Maine. It was under the direction of Dr. Ashworth that this work was carried on, and to him my obligations are great. 'It is a pleasure to acknow­ ledge them. CHAPTER 1 PRE-GRECIAN CONTRIBUTIONS. 1. Origin of Bottomry. So far as extant records furnish us evidence, loans of the type known during the middle ages by the terms "Bottomry" and "Respondentia" served as the earliest means in general commercial use to effect a shifting of the burden of risk. Such a contract was familiar to the Greeks as early as the fourth century before the Christian era, and was used in connection with maritime loans. The origin of the idea is clouded in uncertainty, but such evidence as we have warrants the presumption that the bottomry contract is the outgrowth of the contract made between merchants and their agents in Ancient Babylon. The essential feature in the bottomry contract -v that permits its adaption as a vehicle for effecting insurance, is the condition which relieves the borrower from loss in the event of the happening of certain undesired and stipulated contingencies. In the Greek contract these contingencies were those arising out of the "perils of the sea." The agreement itself was concerned with a loan, made with a ship 2 as security, by which her owner was able to fit her out for a voyage, or to provide a cargo. The condition upon which the loan was obtained, however, made the safe arrival of the ship at the agreed destination a condition precident to the repayment of either the advance or the stipulated interest or premium. A modification of the contract occurs where the loan is made, not upon a ship, but upon goods or merchandise, and in this instance the term "respondentia" is used. Insofar as the contingent feature of the contract is concerned, relieving the borrower from the payment of interest, and the repayment of principle, in the event of certain stipulated losses, the contracts are analogous. To both types, whether the loans are made on ship or merchandise, the term "bottomry" is commonly applied, and for the purposes of this study the term will be so used. In our search for its origin with the early Babylonians, we carry the term from the sea, and apply it to landborne risks. Babylon, during the most remarkable period marked by the reign of the Hammurapi, (ciroa 2123 - 2081 B.O. ) occupied the position of a great trading center, and sent caravans abroad with her manufactured articles to every corner of the then known civilized world, and her contacts 3 with the countries with which she traded necessitated long and hazardous journeys into strange lands, and among peoples of all grades of civilization. It is obvious that the wealthy manufacturer or merchant, with interests stretching, perhaps to India, China, Phoenicia, Egypt, Tibet, or any of the other countries in trading contact with Babylon, would not himself be able to go with his wares and conduct the negotiations for trade in person. In the beginning merchants maintained contact with their various interests by sending some member of the house­ hold to represent them abroad, manage their affairs, and sell the goods they had to offer. With the expansion of business, however, and the need for many representatives, this simple expedient no longer served, and the great merchants or finan­ ce er8 devised the system of securing individual agents to represent them on these journeys. This agency relationship, the oldest form of bus­ iness association in Asiatic life, ia known by the name Oommenda. Under the terms of agreement by which the assoc­ iates operated, the commendatist gave a sum of money or supply of merchandise to an agent with which he was to do business. The agent at a stipulated time, usually upon his 4 return from a journey, rendered an account to his principle, paid back the loan, to which was added an agreed share of the profits. 1 *3 That most remarkable legal compilation, that dates from this early period, the Code of Hammurapi, devotes several of its sections to the regulation of such business 2 associations. Under the terms of agreement, the agent who took the money or goods of a merchant, and went abroad with them to trade, was liable to repayment of the loan upon his return, except in one definitely named instance. If the agent lost his goods at the hands of robbers, then he was not obliged to make an accounting, but was freed from the debt, 3 and the loss rested upon the merchant who made the loan. Such an agreement had all the characteristics of the modern bottomry agreement, with the exception that the risk covered by the insurance feature was a risk of loss from robbers, instead of loss from the perils of the sea. It is now recognized by students of ancient history that the Code of Hammurapi was not a creation de novo by 1. Johns, Babylonian and Assyrian Laws Contracts and Letters, p. 281. jc 2. Code of Hammurapi, sec. 100-107. 3. Ibid.. sec. 103. Hammurapi himself, or by his councelors, but like other codifications of law that 'have served as landmarks in legal development, reverted back to laws of a more remote period. It is essentially a compilation of existing legislation 4 rather than a presentation of an entirely new set of laws. Hammurapi'8 part in this great piece of legislation was limited to the translating and publishing of the older code 5 for the government of his own people. Indicative of this development there is evidence to show in the code the 6 inclusion of the older Sumerian laws. Added to the older elements are newer statutes modifying the older regulations or effecting changes. It might be supposed that in the compilation of a code such as that of Hammurapi, older laws that were later modified by newer enactments would have been dropped to give place to the newer developments. There is a reason, however, for the retention of the older sections, in that a sacred character was attributed to the law, and they were considered as oracular decrees of the gods, and therefore binding forever. For this reason the old laws 4. Rogers, History of Babylonia and Assyria, v.2.,p.87. 5. Jastrow, The Civilization of Babylonia and Assyria, p.283. 6. Rogers, op. pit,. Note 2., v.2, p.87. 6 were retained, side by side with modifications in the form of 7 new laws that changed their effect and tenor. It is diffi­ cult to place a date as to the origin of the older portions of the Oode. A document of a far earlier petiod than that of Hammurapi, in the reign of Urukagina, (circa 2700 B.O.
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